The ICC and us… A war that will go on

Chief Prosecutor of the International Criminal Court Fatou Bensouda’s decision to start a preliminary study of the potential war crimes committed in occupied Palestine by the Israeli occupation forces opens the door to a new war with the occupation, parallel to the other political, military and security wars. This war will not be a short term war, nor will it be easy, especially after the occupation waged a series of battles in the context of this war.

The first battle waged against the Palestinians was the economic battle which included seizing tax revenues, which rendered the Palestinian Authority unable to pay its employees’ salaries. Israel also waged a diplomatic and political battle, which was began when Netanyahu described the decision by the ICC as supporting terrorism. He also began a diplomatic and media campaign aiming to “delegitimise” the International Criminal Court in The Hague, and launched an attack on judge Fatou Bensouda, who decided to start a preliminary investigation into the situation in Palestine in light of the accusations that Israel had committed war crimes.

The Israeli reactions regarding the measure taken by Bensouda confirm the magnitude of risk, damage and losses Israel will suffer if the ICC and the Palestinians go ahead with their actions and if Israel is held accountable and prosecuted by the ICC. It will also put restrictions and pressure on the occupation forces’ capabilities in future attacks inside Palestine.

Despite the attempts of the occupation’s leaders to play this same card against the PA and Palestinians, it will not diminish its importance in light of the open battle with the occupation, especially in confronting settlements and the repeated attacks by the occupation forces in the Palestinian territories as well as the punitive measures taken by the occupation against the Palestinians.

All of this is occurring despite the fact that the practical procedures and steps still have not started. They are expected to begin next April, the time at which we will see new chapters of implementation in this legal and diplomatic battle with the occupation. We will see more excitement, controversy, and will discover what is possible and what isn’t, the limits of this authority, and how it can be implemented or applied on the ground.

We will also see if these actions will only be open to official parties, or if it will be used by others as well, and if it will be limited only to institutions and organisations, or will it be open to individuals and groups as well. All of this will be on the table in the next phase, and during this time, we will see new chapters of the political and diplomatic confrontations between the opposition and supporting states, and perhaps between the supporting and opposing institutions.

The Palestinians welcomed this step with great satisfaction, despite the differences in opinion regarding its importance and results. They announced this officially, factionally and institutionally, but there are concerns that we may enter this battle while we are fighting and bickering. This will not only raise concerns, but it will lead to new losses and catastrophes with regards to this battle and the conflict with the occupation and the national situation in general.

Therefore, we must start this long-term and multi-chaptered war by being well prepared and agreeing on a clear and specific national reference. We must also agree on the tasks, portfolios and roles in a clear and defined manner, as well as set the agenda for how to manage this war consensually.

In addition to this, we need to form a work team specifically for this purpose and must have the courage and boldness to work as a team and avoid political and factional differences. We must not be scared off by Israeli, American, or any other threats. This phase requires us to be careful with the timing and available date in order to restrict the Israeli hostility and contain the occupation’s leaders in one big prison that throws off their ability to work in the international arena and to continue their attacks against Palestinians.

The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Monitor.