meanwhile, the legal conundrum - part 2

In Israel, Prime Minister Olmert told a weekly cabinet meeting that soldiers who had put their lives on the line for their country need not fear prosecution for war crimes overseas. [...]
Israel's military tactics have come under intense scrutiny as evidence has emerged of the high numbers of Palestinian civilians killed in Gaza.
Among complaints made by human rights groups are accusations of indiscriminate firing and the use of white phosphorus shells in civilian areas.
Israel has admitted using white phosphorus in Gaza but says it did not break international law in doing so.
White phosphorus is legal for creating smokescreens in open battleground. But rights groups and journalists say it was used in crowded civilian areas.
The weapon sticks to human skin and will burn through to the bone.

[source: BBC's Israeli PM in war crimes pledge]

meanwhile, the legal conundrum

John Ging of Unrwa has raised the question of whether Israel's government should be investigated for committing possible war crimes against Palestinians.

"For all those innocent people who have been killed in this conflict, were they war crimes? International law obliges is to get an answer to that question," he said.

Mr Ban has been more cautious, saying it is not for him to determine whether a war crimes investigation should take place. However, he has stressed the importance of accountability, where necessary.

In reality, a war crimes investigation by the International Criminal Court (ICC) is unlikely. The court's prosecutor and pre-trial chamber can only instigate their own proceedings against a state that belongs to the court. Israel is not a formal member.

The UN Security Council has been known to refer cases against non-members to the ICC, but the US, staunch ally of Israel, could well block such a move. A state party to the court can ask for a referral to the ICC, but there is no Palestinian state.

[source: the BBC's UN chief's impact on Gaza truce]