Op-Ed: The Case for Palestine and the ICC

Last week, the Palestinian Authority put forward a request to the International Criminal Court to investigate Israel for alleged war crimes committed during its 2014 military operations against Hamas. While Israel may not be perfect in its political, social, and military engagements (as neither is Canada or any other country), it is without a doubt that an operation launched by the only liberal democracy in the Middle East against a brutal terrorist creed bent on launching thousands of rockets, kidnapping children, and blowing up cafes is as moral as a military campaign could be.

The question however is why is Israel so concerned that the International Criminal Court may actually end up investigating it for war crimes? Do Israelis not see the opportunity they have been given? If the ICC does indeed investigate Israel than it opens the door for Israel to launch a legal battle against the PA for all of its heinous war crimes.

Not only is the PA composed of numerous members who were personally engaged in terrorism against Israel in times past, the PA has now joined Hamas in a unity government - though that relationship has been showing signs of weakness recently. Regardless, the PA shares responsibility for the actions of Hamas.

This opens the door for lawsuits against the PA for the more then 15, 000 rocket assault on Israel over the last ten years, the kidnapping and murder of countless innocent Israelis such as the 3 yeshiva students murdered this past summer, the illegal funneling of international donor funds for terrorist means, and for countless other violent and heinous acts.

This would be a slam dunk case for any average legal expert to win, much less the countless brilliant lawyers and defenders of Israel operating in the US and around the world (somebody get me Professor Dershowitz on the phone).

In short, the PA’s actions vis-à-vis the ICC is a double edged sword which can potentially be its own downfall. If the Israelis were to actually take legal action against the PA in the ICC, the PA would suffer a significant loss in international standing, stalling its unilateral campaign for statehood, and severely reducing its leverage against Israel.

It would also significantly damper grassroots and college campus based movements to gain support and vilify Israel.

We should not fear the PA’s move but rather welcome it. Welcome it for the fatal error that it is, and seize the moment to put the brakes on the PA’s heinous campaign.