The "protective margin" of the International Criminal Court

Abstract

The ICC was created in order to end impunity and prevent the most heinous crimes against humanity. To perform its functions, it depends largely on the cooperation of States Parties, which forces it to act with some caution, but refrain from investigating and prosecuting. Since Palestine recognized the jurisdiction of the ICC, in January 2009, the civilian population has suffered systematic violence and large-scale operations Cast Lead (2009), defensive Pilar (2012) and protective Margin (2014) the Israeli Army. In April 2012, the ICC Prosecutor decided not to open an investigation, because it corresponded to the UN General Assembly had to determine whether or not Palestinian statehood. Months later, the General Assembly itself recognized Palestine as a UN observer non-Member State, after prior recognition by Unesco and the International Court of Justice. With this the last obstacles for the ICC to exercise its jurisdiction over a situation that continues to leave thousands of victims, had been cleared because in what sense does a court exists that considers, undeterred, the succession of atrocious crimes?