The appropriate question is does this meet the intent requirements for collective punishment?
All these international crimes do have various requirements. Collective punishment in particular has more intent requirements than many other war crimes. Death and destruction in and of itself is not sufficient.
> The appropriate question is does this meet the intent requirements for collective punishment?
Let's put Netanyahu in front of the ICC and let the lawyers figure it out.
Edit: That isn't tongue in cheek, I think it is one of the few ways to difuse the cauldron of violence that keeps brewing hotter and hotter. A broad international coalition to hold the leadership on both sides responsible for their war crimes.
The ICC lacks juridsiction over the war crime of collective punishment, so that would be an easy win for Netanyahu. To charge him with collective punishment either the united nations security council would have to create an ad-hoc tribunal, a domestic israeli court could charge him, or some other national court under the principle of universal juridsiction could bring charges. The ICC cannot.
More generally though I agree. I'm a big supporter of the ICC and generally believe it to be a fair court. I'd like to see those accused stand trial, present their defense, and let justice be done no matter which way it leads.
The appropriate question is does this meet the intent requirements for collective punishment?
All these international crimes do have various requirements. Collective punishment in particular has more intent requirements than many other war crimes. Death and destruction in and of itself is not sufficient.