Frederick K. Cox International Law Center

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Scharf quoted in NYT about latest International Criminal Court development

Monday, January 5, 2015  /  Rate this article:
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Though Palestine has now accepted the International Criminal Court's jurisdiction, the Palestines face several obstacles to bringing a case against Israel before the Tribunal, Interim Dean and Cox Center Director Michael Scharf said.

In a recent interview with New York Times reporter Jodi Rudoren, Scharf explains that allegations of crimes against humanity and war crimes committed during the recent Gaza conflict may not meet the International Court's required threshold of massive casualties. 

“Past cases involved hundreds of thousands or at least tens of thousands of deaths,” he said in the article published on Jan. 1. “The court requires that they be committed as part of a policy or plan and not simply incidental to attacks on enemy targets.”

Joining the court also opens Palestinians to prosecution, though that’s unlikely any time soon, Scharf said.

Gaza “is not a case the I.C.C. prosecutor is eager to take on, given its immense geopolitical implications,” he said in the article, and although settlements “may be inconsistent with international law,” the court was “highly unlikely to consider them a crime against humanity or war crime.”

The full article is available here.

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