Opinion: An ICC arrest of Netanyahu would be dubious

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With signs mounting that the International Criminal Court (ICC) is weighing up an indictment of Israeli Prime Minister Benjamin Netanyahu, Dan Perry argues that such an arrest would be dubious — and could backfire spectacularly.

The signs are mounting that the International Criminal Court is weighing an indictment against Israeli Prime Minister Benjamin Netanyahu and other top Israeli officials over Israel’s conduct of its war against Hamas in Gaza. This would be an earthquake and could be seen as a case of selective justice that ends up helping the beleaguered prime minister politically.

Even though the media has hardly mentioned this, established war crimes jurisprudence makes clear that civilian sites lose their protected status if they are in effect turned into military sites. If the court ignores this, terrorists everywhere will take succor from the idea that they can commit atrocities and then hide behind human shields, daring their pursuers to risk international arrest warrants.

 

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