[bigbinary]

Absolutely true; Gaza’s system of government has collapsed since long ago, and the “democratic” election, that many people use to justify the equivocation of the Gaza population and Hamas, involved less than half the population of the enclave and had numerous other issues that make the Hamas rule a farce.

That being said, even those that didn’t vote for Hamas would probably not have elected the PA, as public trust of Palestinians in the PA has eroded due to Mahmoud Abbas’s unwillingness to step down and the perception that the PA is a puppet government.

All this to say that Palestinians lack a trustworthy government, much less a government that could be responsible for turning in the Hamas members the ICC wants to arrest.

[candiodari]

If you think like this, then "warcrimes" are bullshit. The whole point of the UN, the Geneva convention, warcrimes legislation, ... is that it would apply 100% in situations where government collapses, in situations where there is nothing but violence, in civil wars (arguably worse than the current situation). That genocide is forbidden AND punished even in the total absense of public trust, in the absense of government, in war, ...

So that's the problem I have with the statement: it's true, absolutely, but if we think like this then human rights aren't human rights, but merely subject to governance. Your statement is true, but is a denial of international law. If your statement is true, you may as well abolish the international criminal court. After all, if a government exists, there's no need for them and if a government doesn't exist (or doesn't apply) then, as you say, the rules don't apply. So what's the point?

Your statement is true, but the world would be a much better place if your statement was false, and therefore we'll at least pretend it is false.

(and, of course, if you think like this, then absolutely anything goes in war)