Why the ICC Prosecutor Is Wrong on Oslo

"Some issues require attention even in the midst of the COVID-19 pandemic and renewed efforts to transform how American police treat people of color. One such issue is the possibility that the International Criminal Court (ICC) may soon inject itself into the Israeli-Palestinian conflict. If so, it would set an unfortunate precedent: giving protagonists in historic conflicts incentive to gain leverage and score points against each other in court rather than resolving their differences through negotiation.
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The OTP's [Office of the Prosecutor's] arguments are alarmingly disconnected from the terms of the Oslo Accords, the parties' understanding of them, and the reality on the ground. It is stunning to see the OTP make the case for Palestinian statehood at the same time that Prime Minister Mohammad Shtayyeh and other Palestinian officials announce their intention to unilaterally declare a state if Israel proceeds with annexation. It is a basic and widespread understanding, including among Palestinians themselves, that functional and legally valid statehood is a future aspiration, not a current reality. The ICC would do itself a great disservice by embracing so obvious a legal fiction.

What should concern everyone is that the OTP appears to be making more of a political case than a legal one. Whatever the political desires of the individuals involved in this matter, making political arguments is not the OTP's role. Doing so discredits the ICC, undermines its effectiveness, and threatens to undo the principle that international law is driven by legal standards and canons rather than political ideology and preferences..."