Once the position was adopted that “Palestine” is a state that can join the Rome Statute, it was clear that a Palestinian request to carry out an investigation of the events would be met
The ICC Decision to Open a Preliminary Examination: Cause for Concern, not for Panic
On January 16, 2015, Fatou Bensouda, prosecutor of the International Criminal Court (ICC), announced her decision to open a preliminary examination of the situation in “Palestine.” The significance of this decision should not be underestimated, though at the same time this is not a surprise. Once the position was adopted that “Palestine” is a state that can join the Rome Statute, it was clear that a Palestinian request to carry out an investigation of the events would be met. Israel should respond calmly and determine the correct course of action in order to minimize the damages of such an examination and increase the chances of preventing an actual investigation. Harsh responses, even if they are related to the election campaign in Israel, are not the correct path.
