The prospect of the International Criminal Court (ICC) becoming mired in politics has been an ongoing concern for its supporters—and one that is not without just cause. Politics have shaped states’ trysts with international justice since long before negotiations in Rome. Palestine’s recent decision to join the ICC has reignited the passions and interests that infuse debates among civil society, international human rights advocates and governments about the role of the ICC in ongoing conflicts. References to accountability and justice have figured surprisingly little in the official responses by key government officials to this development. Rather than recasting how powerful regional actors think about the relationship between peace and justice, Palestine’s move to join the ICC has generated a backlash from those most capable of defining the course of the peace process. The US in particular has responded by digging in its heels, reasserting its view that a peace process should be free of the shadow of the Court.
Some analysts suggest that long-term trends favour a new rights-first approach to the Israel-Palestine conflict. Most notable is the repeated failure to achieve a peace settlement that will stick. The growing strength of the boycott, divestment and sanctions (BDS) movement among civil society actors in Europe and the US is also an important driver of change. Some researchers point to a generational shift among American Jews whose emotional commitment to Israel and support for Israeli government policies is far weaker among younger American Jews. This, they suggest, may alter America’s approach to peace between Israel and Palestine, thus creating the possibility for putting rights, and also the ICC, up front.
Recent events have facilitated the mobilization of civil society activists seeking to press forward with a rights-first agenda. Last summer’s Gaza War further diminished international public support for Israel. International human rights NGOs seized this window of opportunity, challenging once again the legitimacy and legality of Israeli government policy towards Palestine. The Gaza War also led to greater mobilization among BDS activists.
