6. States of Criminality: International (Criminal) Law, Palestine, and the Sovereignty Trap

This chapter delves into the complexities surrounding the ICC's investigation into alleged war crimes and crimes against humanity in Palestine. It begins with an overview of the ICC Prosecutor's announcement in March 2021 to open an investigation, setting the stage for a critical examination of the relationship between international law and anti-imperial struggle. The chapter centers around the work of Rosa Luxemburg, Noura Erakat, and Priyamvada Gopal, who offer insights into statehood, criminality, and internationalism. The focus on statehood within international criminal law highlights the ICC's narrow reading of statehood and its implications for the Palestinian struggle. The text also explores the 'sovereignty trap' and the limitations of liberal legalism in addressing oppression. Through a historical lens, the chapter traces the evolution of the Palestinian struggle, from the League of Nations Mandate system to the recent developments at the ICC. It concludes by questioning the ICC's potential to serve as a site for redressing settler colonial practices and advocates for a decolonial approach to equality and self-determination.