Since the breakdown of Palestinian-Israeli negotiations and the reconciliation agreement between the West Bank and Gaza leaderships, Palestinians have been considering an important question: Will the Palestine Liberation Organization (PLO) apply to join the International Criminal Court (ICC), and when would be the right time to do so?

Luis Moreno-Ocampo, former chief ICC prosecutor, has said that UN recognition of Palestine as a non-member observer state has changed Palestinians' legal status vis-a-vis The Hague-based court. In a May 12 interview with Al-Monitor, Moreno-Ocampo encouraged the Palestinians to join the ICC. He said, “The presence of the ICC in the region will encourage the sides to think creatively about how to solve their problems in their bilateral relations.” 

While Palestine can legally join the international court, it is not clear that it wishes to do so, especially considering the possible reactions by the Israelis who might face trial for war crimes if the process is completed. On the other hand, given the experience of previous years, Palestinians are now convinced that even if Israel and the United States scream and shout about such a move, it is unlikely to turn the tables on the Palestinians for taking this nonviolent action. Similar threats were made when the PLO asked the United Nations for recognition and when it recently approved the reconciliation with Hamas.

Pressure to join the ICC is not only coming from Palestinians, but also from major international human rights organizations, 17 of which, including Amnesty International and Human Rights Watch, have called on Palestinian President Mahmoud Abbas to join the court. In a May 8 statement, they noted that if the state of Palestine "signed up to the Rome Statute of the ICC, the Court would have jurisdiction over war crimes and crimes against humanity committed on Palestinian territories and by its nationals elsewhere."