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Prosecutor Fatou Bensouda, portrait at the International Criminal Court

Norman Finkelstein says that the International Criminal Court crossed a “Rubicon” when it announced a formal investigation of Israeli war crimes in Gaza and its ongoing settlement project, but that the ICC will likely use a technicality, that Palestine has no standing as a state, to throw out the case. The real battle will be in public opinion, and the case may help force the reckoning inside the Democratic Party.

International Criminal Court Prosecutor Fatou Bensouda surely felt compelled to announce an investigation of Israel’s conduct in the occupation so as not to appear to be completely failing her job, but her referral of a “question” concerning the “territory” under jurisdiciton to a “Pre-trial Chamber” of the court risks dragging this process out by months, maybe even years.