garethw said:
resist said:
International law is very much based around the state. Because Gaza is not a recognized 'state' it means that they are not protected by international law.
Well that's a bucket of ass then isn't it!
Many inroads are being made into the state-oriented set up of international law.
The ICC only has jurisdiction over crimes occurring on the territory of the state parties. I'm not sure if Palestine is a party to the ICC statute.
But Palestine itself could, if it wanted to and provided it had the domestic legislative framework, seek to prosecute Israeli officials individually. Third states also (eg Spain, Belgium, France, UK etc) could seek to prosecute Isreli officials for international crimes committed in Gaza by exercising universal jurisdiction which attaches to international crimes. The problem for third states in getting involved, are immunities attaching to serving officials. But those who have left office are certainly at risk, and once the current Israeli administration leaves office, it too will be at risk.