Given that the ICC prosecutor now is examining alleged crimes, not entirely clear how Palestinian Authority would "dismiss" pending actions.
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Even the radical step of Palestine leaving the ICC would not strip the court of the jurisdiction it has or compel the prosecutor to drop the investigation (assuming it is approved by the judges).
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There is a persistent misconception that the ICC can simply be turned on and off by states depending on shifts in the diplomatic and political environment.
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But having said all that: I don't doubt in theory that the ICC investigation could be somehow subject to bargaining between Israel, Palestine, and outside actors.
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The most obvious route would be for the Security Council to engage more robustly and, as part of that engagement, consider an Article 16 deferral of the investigation. The diplomatic hurdles are high, given that you'd need to have consensus among the P5, but not insuperable.
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I don't think there is any enthusiasm in Paris or London for an ICC investigation. And Moscow and Beijing certainly wouldn't mind in theory putting the ICC in a box and under the control of the Council.
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Even aside from a Security Council role, some kind of Palestinian signal that they'd like the prosecutor to pause the investigation as part of a broader diplomatic process would undoubtedly have an impact on the prosecutor in terms of the pace and timing of an investigation
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I think the Palestinian approach to the ICC thus far has been pretty instrumental and it seems that they've used the various stages of engagement (from the Article 12(3) referral to joining the Rome Statute to finally referring the situation) as potential bargaining chips.
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But of course any kind of Palestinian change in mindset regarding the utility of an ICC role appears very far off and the prospect of the Trump administration plan to spark actual negotiations in which the ICC might be a matter of negotiation seems vanishingly small.
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Another ridiculously unrealistic and legally unfounded pre-condition for negotiations. Btw, does the PA or PLO have any pending actions against the United States or against American citizens before the ICC, ICJ or other tribunals?
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Case against the US at the ICJ related to the embassy, right?
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Čini se da učitavanje traje već neko vrijeme.
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