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

Yaël Ronen

doi:10.1163/9789004304451_007

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 proceeding › Chapter › peer-review

1 Scopus citations

Abstract

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	English
Title of host publication	Contemporary Issues Facing the International Criminal Court
Publisher	Brill
Pages	51-72
Number of pages	22
ISBN (Electronic)	9789004304451
ISBN (Print)	9789004304444
DOIs	https://doi.org/10.1163/9789004304451_007
State	Published - 6 Apr 2016
Externally published	Yes

Bibliographical note

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

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10.1163/9789004304451_007

Cite this

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

Abstract

Bibliographical note

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