Could the I.C.C. Try Israel for Gaza War Crimes

Israel, of course, never signed up to the I.C.C. [International Criminal Court], which means the court has no jurisdiction over anything that happens on its territory. But the Palestinians argue that following Israel’s 2005 withdrawal from Gaza they have sovereignty over the narrow strip, and last month handed the court an official letter recognizing its jurisdiction there.

If the court’s chief prosecutor, Luis Moreno-Ocampo, and judges were to rule that the Palestinians do indeed have sovereignty in Gaza — a tricky legal issue given that Israel still controls Gaza’s water and land borders — they could then theoretically try Israeli officials for any war crimes committed there.

“This is potentially huge,” said the I.C.C. official, who declined to be identified because the investigation has barely begun. “It’s a Damocles sword hanging over Israel and some of its most senior figures.