Juan Cole writes at Informed Comment:
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If the International Criminal Court takes up Israeli government actions in the occupied Palestinian territories, it could well find specific officials guilty of breaches of the Rome Statute of 2002. Article 7 forbids “Crimes against Humanity,” which are systematically repeated war crimes. Among these offenses is murder, forcible deportation or transfer of members of a group, torture, persecution of Palestinians (an “identifiable group”) and “the crime of Apartheid.”
The Israeli government murdered Palestinian political leaders (not just guerrillas) and have routinely illegally expelled Palestinians from the West Bank or from parts of the West Bank illegally incorporated into Israel. They deploy torture against imprisoned Palestinians. Their policies on the West Bank, of building squatter settlements on Palestinian land from which Palestinians are excluded, is only one example of Apartheid policies. Getting a conviction on Article VII should be child’s play for the prosecutor.