But the Palestinian plan is fraught with complexities, not least because it opens the Palestinians themselves up to scrutiny and potential counteractions by Israelis. Experts say a Palestinian state could potentially be held responsible for every rocket fired into Israeli civilian areas by militants in Gaza, which is controlled by the militant group Hamas. [not to mention war crimes' charges, a term the NYTimes avoids employing and see below]
“By joining these treaties they are basically exposing themselves to criticism,” said an Israeli official who was speaking on the condition of anonymity because he said the government had decided not to discuss the issue publicly. “Official rebuke, special reports, fact-finding missions and condemnations — they are not ready for that.”
He added, “There is nothing easier than to show that human rights are being systematically violated, day in day out, in Gaza.”...By joining the International Criminal Court and coming under its jurisdiction, the Palestinians could open themselves to potential investigations requested by pro-Israeli nongovernmental organizations or the United Nations Security Council, under court rules, even if Israel is not itself a member.
... Shurat HaDin, an Israeli law center that supports victims in lawsuits against terrorist groups, says it is preparing proposed indictments of Palestinian officials for perpetrating attacks against Israelis. It plans to activate these complaints if the Palestinians join the international court. “We can do what the government cannot do,” said Nitsana Darshan-Leitner, the director of the center.
If the Palestinians insist on going to The Hague, Naftali Bennett, an Israeli right-wing minister, recently wrote in the newspaper Israel Hayom, “call us and we’ll buy you a ticket.”
New York Times, Isabel Kershner