Comment by bawolff

I actually generally agree with this. How can the PA have sovereignty over an area they basically have never controlled? It seems pretty unprecedented to have a "state" that does not have control of its territory at time of recognition.

That said, it should be noted that the Hamas members publicly charged are all dead now and you can't arrest a dead person (the icc can also make warrants in secret so its possible there are secret warrants). But even if they weren't, it is clear they don't have the ability to enforce justice (or anything else) in Gaza, nor did they have that ability in the past.