The ICC should not accept the Palestinian declaration as that of a state

Yaël Ronen*

*Corresponding author for this work

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

1 Scopus citations


This article concerns three issues regarding the admissibility of the 2009 Palestinian 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 rejects a purposive interpretation of Article 12(3) according to which declarations should also be admitted from quasistates. Finally, it posits that admitting the Palestinian Declaration would embroil the icc Prosecutor in undesirable conflicts over statehood and recognition.

Original languageAmerican English
Title of host publicationContemporary Issues Facing the International Criminal Court
Number of pages22
ISBN (Electronic)9789004304451
ISBN (Print)9789004304444
StatePublished - 6 Apr 2016
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2016 by Koninklijke Brill NV. All rights reserved.


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