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 language||American English|
|Title of host publication||Contemporary Issues Facing the International Criminal Court|
|Number of pages||22|
|State||Published - 6 Apr 2016|
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