In a recent article from Politico, writer Jamie Dettmer examines the legitimacy of the International Criminal Court (ICC), from it’s glacial pace of action since it’s inception in 2002, to it’s jurisprudence-challenging appeal decision in 2018, and much more. CERL Advisory Council member Mary Ellen O’Connell spoke with Dettmer, weighing in on ICC Chief Prosecutor Karim Khan’s recent decision to pursue arrest warrants for for Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant and three senior Hamas leaders.

“What did Khan think was going to happen?” said O’Connell, asserting that the prosecutor’s decision exposes the court’s possibly fatal flaws and contradictions, and will likely complicate peace negotiations. “We don’t see wars ending because of indictments. We see fighters doubling down because the ICC has done away with any possibility of amnesty,” she said. “I think we can forget about cease-fires now — that’s what I thought as soon as I heard … I thought that’s the end of any restraint on Rafah.”

Mary Ellen O’Connell is the Robert and Marion Short Professor of Law and Research Professor of International Dispute Resolution—Kroc Institute for International Peace Studies, University of Notre Dame. Read her bio here. 

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.