RACHEL MARTIN, HOST:
This is WEEKEND EDITION from NPR News. I'm Rachel Martin. News that the Palestinians will join the International Criminal Court in April comes at a challenging time for the world's only permanent war crimes tribunal. The ICC has had to back off from some controversial cases recently - for instance, when charges against Kenya's president for election violence collapsed. And now the Hague-based court may have to walk an especially fine line when it comes to the Israeli-Palestinian conflict. NPR's Michele Kelemen reports.
MICHELE KELEMEN, BYLINE: Duke University law professor Madeline Morris calls this a nightmare scenario for the ICC. Something, she says, experts like herself have been talking about ever since the court was formed.
MADELINE MORRIS: Being brought into and being unable to extricate itself from a diplomatic and political morass and asked to judge it as a criminal adjudication was always seen as a potential disaster.
KELEMEN: Morris calls it a no-win situation for the court.
MORRIS: It's a losing proposition for the court either way. If it acts, it will be very much criticized, and if it doesn't act, it will be very much criticized.
KELEMEN: When the Palestinian ambassador to the U.N., Riyad Mansour, submitted the documents to join the International Criminal Court and give it the jurisdiction in the Palestinian territories, he made clear that Palestinians want to see Israelis investigated for the way Israel carried out the war against Hamas in Gaza last summer and its policy of building Jewish settlements in the occupied West Bank.
RIYAD MANSOUR: It is a peaceful option. It is a civilized option. It is an option that anyone who upholds the law should not be afraid of.
KELEMEN: Legal experts, though, say it's an option that may not lead to any indictments, at least not anytime soon. The lead prosecutor would first have to open a preliminary examination, and that could drag on for years. And there are many other legal hurdles, according to David Bosco, author of a book about the ICC called "Rough Justice."
DAVID BOSCO: The ICC has been very hesitant to get involved. I think they realize it's both legally extremely complicated and politically extremely dangerous for the court. And so you sometimes hear people say that the ICC is eager to go after Israel. But the record really doesn't support that.
KELEMEN: What he worries about is what this could do to U.S. relations with the ICC. The United States is not a party to the court, but its relationship has evolved over the years. While Congress prohibited U.S. support for the court, the U.S. has cooperated on investigations into genocide in Darfur, Sudan and helped to get an indicted warlord from the conflict in the Democratic Republic of Congo to the Hague.
BOSCO: So there is some kind of concrete ways in which the U.S. can help the court. And I think if a Palestine investigation moves forward all of that would be at risk.
KELEMEN: So far the U.S. response has been to warn the Palestinians they could lose aid rather than putting pressure on the court. The U.S. could also go through the U.N. Security Council to freeze any future investigations, but for that, it would need others to go along. And Bosco, who teaches at American University, says this gives the Palestinians a bit more diplomatic leverage.
BOSCO: Most of the time, on Israel-Palestine issues, the U.S. is trying to avoid Security Council action. But now if it wants to really block an ICC investigation, it needs to counsel. And that means that other council members who are more supportive of the Palestinian cause have a real point of leverage. And they can say, OK, we'll do a freeze on an ICC investigation, but you, the United States, need to give something.
KELEMEN: The Palestinian decision to join the ICC came after the U.S. helped block a Security Council resolution that would have set a timeline for negotiations on Palestinian statehood. The Palestinians say they want to keep pursuing this at the U.N. Michele Kelemen, NPR News, Washington.