Can ICC Seek Justice for Gaza Victims?

Israeli prime minister Benjamin Netanyahu - בנימין נתניהו has called upon 122 state parties to the founding document of International Criminal Court (Rome Statute) to suspend or cut their financial support in response to the war crime probe in Gaza. Mr prime minister claims the move of ICC to launch the war crime inquiry in Gaza is politically motivated, and he stresses that ICC is a part of problems not solutions.

As the matter of fact is that I think it is not a political motivation, but it is the judicial obligation of the court to find the fact bringing all perpetrators to justice. The court has jurisdiction to hold any groups responsible for committing atrocities against Palestinians in Gaza. But I confidently accept that the court has been politicized and used by the super powers to protect their interests.

Regarding the war crime probe in Gaza, although Israeli government is found guilty of committing crime against humanity, the court still has no jurisdiction to bring Israel's leader to trial since this country has only singed but not ratified the statute yet.

Nevertheless, regardless of whether state is a party to statute, the court can sill grant the jurisdiction and power to bring criminals to justice through the referral of case undertaken by UNSC. The United Nations Security Council can take responsibility to refer to the certain situation in which serious crime exists to the ICC by adopting the referral resolution.

It is completely difficult to get resolution adopted by UNSC referring the case of Israel to ICC because the United State, permanent member of UNSC, will use its veto power to block the resolution. Since the establishment of ICC in 2002, only two cases have been referred to the court such as Darfur crisis in Sudan and case of crime against humanity in Libya. Thus, I am not reluctant to say justice can't not be found by legal process especially through the ICC.

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