ICC jurisdiction over acts committed in the gaza strip: Article 12(3) of the ICC statute and non-state entities

Yaël Ronen*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

1 Scopus citations

Abstract

On 21 January the Palestinian Minister of Justice lodged with the ICC Registrar a ‘Declaration Recognizing the Jurisdiction of the International Criminal Court’ over acts committed on the territory of Palestine since 2002. This article concerns three issues regarding the admissibility of this declaration, all of which are linked to the question of statehood. It first argues that the ICC Prosecutor may not assume the existence of a Palestinian state because the Palestinians themselves do not make a claim to that effect. It then examines whether under a purposive interpretation of Article 12(3), declarations should also be admitted from quasi-states. Finally, it examines the consequences of the ICC Prosecutor engaging in questions concerning statehood and recognition.

Original languageAmerican English
Title of host publicationIs There a Court for Gaza?
Subtitle of host publicationA Test Bench for International Justice
PublisherT.M.C. Asser Press
Pages469-495
Number of pages27
ISBN (Electronic)9789067048200
ISBN (Print)9789067048194
DOIs
StatePublished - 1 Jan 2012
Externally publishedYes

Bibliographical note

Publisher Copyright:
© T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors/editors 2012.

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