Recognition of a Palestinian state could, in theory, lead to Israeli officials being dragged repeatedly before the International Criminal Court in the Hague for claims regarding its settlement policies in the West Bank, legal experts say.
According to the statute of the court, the direct or indirect transfer of an occupier’s population into occupied territory constitutes a war crime.
“The jurisdiction of the International Criminal Court in the Hague is a complementary jurisdiction, meaning that the court will not intervene in cases when a war crime complaint is being investigated by Israel and those responsible are prosecuted,” explained Prof. Robbie Sabel, a former legal adviser to the Foreign Ministry and an expert in international law.
“But in instances in which Israel is not conducting a war crime investigation and is not trying to ascertain the guilt of the accused, the court may get involved,” he said.
“The settlements are a prime example of this, since in theory one could say that we are talking about a war crime, that Israel is not investigating it and not bringing those responsible to justice. Thus, the court could get involved and investigate.”
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