Playing chicken with the ICC

Israel is playing a high- stakes game of chicken with International Criminal Court Prosecutor Fatou Bensouda over its preliminary examination into alleged war crimes from the 2014 Gaza operation.

Bensouda has recognized a “State of Palestine” since January and has adamantly defended her position on the issue. She is not alone, with support from UN Secretary-General Ban Ki-moon, the UN General Assembly and, maybe most importantly, the president of the Assembly of State Parties, which governs the ICC.

Jerusalem has rejected this position just as adamantly. Moreover, it appears to be moving in the direction of no official cooperation with Bensouda – even as the IDF continues with its own investigations of alleged war crimes – and Israel may, as it has in the past, use third parties to make its eventual case before the ICC prosecutor.


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