The ICC case against Israel represents a relaxing of legal standards

"For those who were skeptical about submitting US armed forces personnel to the jurisdiction of the International Criminal Court in The Hague, the April 30, 2020 statement of ICC Prosecutor Fatou Bensouda, should reinforce their concerns. Bensouda recommends the ICC recognize its territorial jurisdiction over 'Palestine' as a prelude to examining war crimes allegations against Israeli citizens engaged in self-defense.

Her recommendation required Bensouda to first recognize Palestinian statehood, and in so doing, to abandon a longstanding principle of international law set forth in the Montevideo Convention of 1933: A 'defined territory' is an essential aspect of statehood. So too, is the ability to effectively control such territory...

To borrow the name from one organization submitting a brief in the case opposing Bensouda's recommendation, this is 'lawfare,' by which Palestinians may succeed in their propaganda campaign where rockets and suicide bombers have failed... Any American or Israeli soldier defendant before the ICC should assume the worst."