Argument: Prosecutions are an impediment to peace negotiations

A prosecution against a prominent military or political figure could jeopardize faith in the international community, which would be harmful to peace negotiations. Prosecuting one side would effectively allocate blame, damaging Israel’s position. Sharon may have been the only man who could have led the Gaza pullout, [1] he would not have had the chance or would not have been able to if he was prosecuted.

This is not a new concern – there were issues following ICTY indictments and the Dayton negotiation, with some parties being unable to attend [2] . Similarly, the Lord’s Resistance Army offered to surrender but refused due to ICC arrest warrants [3] .

[1] Vick, Karl, ‘Ariel Sharon: Israel’s Soldier and Strongman, 1928-2014’, Time, 11 January 2014, http://world.time.com/2014/01/11/ariel-sharon-israels-soldier-and-strongman-1928-2014/

[2] Goldstone, Richard, “Peace versus Justice”, Nevada Law Journal, 2006, http://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1367&amp;context=nlj&amp;sei-redir=1 at p421-p322

[3] Otim, Michael, and Wierda, Marieke, ‘Justice at Juba: International Obligations and Local Demands in Northern Uganda’, in Waddell and Clark eds., Courting Conflict? Justice, Peace and the ICC in Africa, pp.21-28 http://www.issafrica.org/anicj/uploads/Waddell_Clark_Courting_Conflict.pdf

Candidate 1: "If both parties are sincere negotiators – which is doubtful at best – the prospect of prosecutions may focus the mind on preventing further atrocities, de-escalating the situation entirely."
Candidate 2: "Just because something is difficult does not mean it should not be attempted.

Israel itself was no stranger to war crimes trials between Nuremberg and the ICTY: Adolf Eichmann, the logistical architect of the Holocaust, was tried and put to death by an Israeli court in 1962.

Sharon has been accused of things after the creation of the ICTY came in to force, such as deaths as a result of Israeli operations in Jenin in 2002 [1] .

[1] Human Rights Watch, ‘Jenin’, 2 May 2002, http://www.hrw.org/node/79081/section/3"
Candidate 3: "Good: impunity is a bad thing. Those who break those norms of international law , and commit war crimes, crimes against humanity and the crime of aggression should be prosecuted - on all sides. Actions by Hamas and other organizations that are reprehensible are matters that should be brought before impartial courts, too.

While there is no international international definition of terrorism, there are a number of acts which are prohibited by particular treaties – they can be prosecuted too."
Candidate 4: "The occupation of the West Bank still continued, including the construction of settlements.

The general role of individuals in the peace negotiations is beside the point: individuals who commit atrocities should be responsible for them."

If both parties are sincere negotiators – which is doubtful at best – the prospect of prosecutions may focus the mind on preventing further atrocities, de-escalating the situation entirely.
