Some European countries permit individuals to file war crimes charges against foreign nationals, but the accused must be apprehended first and brought to trial. In the case, of any IDF personnel, the prosecution would be hard pressed to win a conviction because it would be difficult to show that the accused had a deliberate intent to violate the rules of war. These are harrassment law suits without merit brought by anti-war freaks and terrorist lovers.
The ICC has no juristiction because Israel is not a signatory to the Rome Statute and the Gaza Strip is not a state nor a part of one and is not even under the polity of the PA anymore. The UN Security Council could issue a mandate for the ICC to extend its jurisdiction over the recent invasion of the Gaza Strip, but the Islamists will have to get it past an U.S. veto.
It looks like the charges will have to be filed with the Israeli Supreme Court. |
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