An Israeli soldier stands guard at a bus stop at Gush Etzion Junction, West Bank, December 9, 2015. (Photo: Uriel Sinai / The New York Times)
Immediately after the International Criminal Court (ICC) prosecutor announced the opening of a preliminary examination of the situation in Palestine, Israeli Prime Minister Benjamin Netanyahu announced a multipronged public campaign attacking the legitimacy of the ICC. The US State Department added its support to Israeli efforts to stop the ICC inquiry. In addition, Netanyahu argued that Palestine is not a state, that the Israeli legal system meets international standards and that the interests of justice require dropping the case because Israel was acting in self-defense against Hamas rockets. Under ICC rules any one of these arguments, if true, could stop the ICC inquiry and prevent Israeli nationals from being investigated and tried at The Hague.
The facts and the law, however, contradict each of Netanyahu’s arguments, such that Israelis – including Israeli political and military leaders who allegedly committed serious crimes in the occupied Palestinian territories – have little reason for confidence. Self-defense against terrorism has served as the centerpiece of Israeli public campaigns to maintain impunity while launching massive assaults on Gaza. As a result, increasing recognition of the facts and law is needed to counter the multipronged public campaign Israeli and US officials are waging to pressure the ICC prosecutor to drop…