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ICC Membership May Hurt Palestinians, Hamas More than Israel
(Christian Science Monitor) Jennifer Trahan and Belinda Cooper - ICC jurisdiction is not limited to one side in a conflict. In other words, Hamas cannot expect a free pass in the future for indiscriminate shelling of Israeli civilians or use of Palestinian non-combatants as human shields. In fact, ICC status may give the advantage to Israel on future prosecutions, while putting Hamas at a likely disadvantage. Because the ICC is considered a court of last resort that defers to national courts, it will not take on cases that states have made good-faith efforts to investigate or prosecute. Israel has already conducted investigations and undertaken some disciplinary actions regarding its forces' behavior in Gaza. Hamas, by contrast, has made no such efforts to deal with war crime allegations. ICC membership also brings with it obligations, such as complying with arrest warrants and assisting in investigations. A new Palestinian state might be called upon to provide evidence against, and even surrender, some Palestinian nationals, like Hamas leaders. Jennifer Trahan is chair of the American Branch of the International Law Association International Criminal Court Committee. Belinda Cooper is an adjunct professor at Columbia University's Institute for the Study of Human Rights.