January 03, 2020 "Information Clearing House" -  Last week supporters of Palestinian human rights were buoyed by the announcement from the prosecutor of the International Criminal Court that she had decided to open a formal investigation of Israel for war crimes in the occupied territories, including the ongoing settlement project in the West Bank and East Jerusalem and the onslaught in 2014 called Operation Protective Edge. She is also investigating Hamas and Palestinian militant groups for war crimes.

“There is a reasonable basis to believe that war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip,” prosecutor Fatou Bensouda said.

“You can’t gainsay the fact that at least at a symbolic level, something significant happened,” says Norman Finkelstein, who is an expert on the ICC. “A Rubicon has been crossed. Or to put it in other terms, an American red line has been crossed, because the U.S. has said, Open an investigation and we destroy you.”

Because of the international politics of the issue, Finkelstein says that hopes for a just formal outcome are likely to be dashed by the court. He believes that the case will be dismissed on a technical ground, under tremendous pressure from Israel and the U.S.

The opportunity the case presents is in shaping public opinion, Finkelstein said in an interview: for advocates for Palestinian rights to make their case as the Hague mulls the legal one. “Pressure can come from both sides.”