Under the Geneva conventions, yes, but the Rome statute only copies select passages of the Geneva convention, and I don't believe the "we can commit war crimes as long as you don't promise not to commit war crimes" is part of what's copied.

The Rome Statute does allow foe the ICC to convict according to the Geneva conventions as well, but the exemptions therein don't necessarily apply.

First of all, "In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience." (Article 1, second paragraph, Additional Protocol I.)

Second, both Israel and Palestine have signed the main conventions. Israel with reservations, and have not signed AP I and II. Palestine have signed all of them, unconditionally.

Since both are signatories, they are both bound by the conventions even if the other party breaks them.

It should also be noted that the geneva conventions have passed into customary international law. They apply even to countries that haven't signed them.

> Aren't you? I thought the Geneva convention and similar treaties all require reciprocity.

No, i don't think so.

To quote the fourth geneva convention (fourth convention is the part related to treatment of civilians):

> Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations.