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http://ssrn.com/abstract=1391963
 
 

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Israel, Palestine and the ICC


Daniel Benoliel


University of Haifa - Faculty of Law

Ronen Perry


University of Haifa - Faculty of Law; University of Oxford - Faculty of Law

October 8, 2009

Michigan Journal of International Law, Vol. 32, p. 73, 2010

Abstract:     
This Article provides a critical assessment of theoretical and practical arguments for judicial state recognition by the International Criminal Court (ICC). It does so both generally and with regard to a highly pertinent contemporary example, namely a judge-made Palestinian state. In the wake of the Israel–Gaza 2008-09 armed conflict and the recently commenced process in the ICC, the Court will soon face a major challenge – one that holds the potential to define its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, for the purposes of the Court itself, and perhaps in general. Apart from the possibility that such a declaration may constitute a controversial intervention in the Israeli-Palestinian peace process, it would also set a precedent within public international law concerning judicial state recognition. The Rome Statute of 1998 establishing the ICC created a state-based system, so that the existence of a Palestinian state is a precondition for the present proceedings to continue. Moreover, although the ICC potentially bears the authority to investigate crimes that fall under its subject-matter jurisdiction, regardless of where they were committed, the question remains as to whether and to what extent it has jurisdiction over non-member states, in this case Israel.

Number of Pages in PDF File: 55

Keywords: Israel, Palestine, ICC, Gaza

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Date posted: November 11, 2009 ; Last revised: January 3, 2011

Suggested Citation

Benoliel, Daniel and Perry, Ronen, Israel, Palestine and the ICC (October 8, 2009). Michigan Journal of International Law, Vol. 32, p. 73, 2010. Available at SSRN: http://ssrn.com/abstract=1391963

Contact Information

Daniel Benoliel (Contact Author)
University of Haifa - Faculty of Law ( email )
Mount Carmel
Haifa, 31905
Israel
Ronen Perry
University of Haifa - Faculty of Law ( email )
Mount Carmel
Haifa, 31905
Israel
HOME PAGE: http://weblaw.haifa.ac.il/en/faculty/perry/
University of Oxford - Faculty of Law ( email )
Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom
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