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

Yaël Ronen

doi:10.1007/978-90-6704-820-0_13

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 proceeding › Chapter › peer-review

2 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 language	English
Title of host publication	Is There a Court for Gaza?
Subtitle of host publication	A Test Bench for International Justice
Publisher	T.M.C. Asser Press
Pages	469-495
Number of pages	27
ISBN (Electronic)	9789067048200
ISBN (Print)	9789067048194
DOIs	https://doi.org/10.1007/978-90-6704-820-0_13
State	Published - 1 Jan 2012
Externally published	Yes

Bibliographical note

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

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10.1007/978-90-6704-820-0_13

Cite this

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

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Bibliographical note

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