One of the most interesting fallouts from the recent Palestinian victory at the United Nations is the spotlight on the International Criminal Court. Many view the prospect of Palestinian membership in the ICC, which it is now entitled to seek, as unleashing a Pandora's box of "lawfare." This premise is based on a flawed understanding of how the Court functions.

This week has seen an upsurge in violence between Israelis and Palestinians. In 24 hours, 79 rockets were fired from the Gaza Strip into Israel. Arsen Ostrovsky asks, "My country is under attack, do you care?" The responses to his piece have been disturbing. Israel's occupation of Palestine is wrong. But a denunciation of illegal-Palestinian rocket attacks on Israeli civilians need not be prefaced by a resuscitation of each ill that Israel has inflicted on Palestinians. Victimhood must be inclusive.

In a massive defeat for Palestinian President Mahmoud Abbas' campaign to delegitimize Israel, the International Criminal Court (ICC) has ruled that Palestine is not a "state" and it therefore does not have jurisdiction to investigate alleged "war crimes" committed by Israel in the "territory of Palestine since 1 July 2002."