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ICC Jurisdiction Over Acts Committed in the Gaza Strip: Article 12(3) of the ICC Statute and Non-State Entities


Yael Ronen


Sha'arei Mishpat Law School, Hod Hasharon; Hebrew University of Jerusalem - Faculty of Law, Minerva Center

January 3, 2010

Journal of International Criminal Justice, Vol. 7, No. 1, 2010
Hebrew University International Law Research Paper No. 01-10

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.

Number of Pages in PDF File: 30

Keywords: ICC, jurisdiction, Gaza Strip, Palestine , statehood, Article 12(3), ICC Prosecutor

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Date posted: January 11, 2010 ; Last revised: January 27, 2010

Suggested Citation

Ronen, Yael, ICC Jurisdiction Over Acts Committed in the Gaza Strip: Article 12(3) of the ICC Statute and Non-State Entities (January 3, 2010). Journal of International Criminal Justice, Vol. 7, No. 1, 2010; Hebrew University International Law Research Paper No. 01-10. Available at SSRN: http://ssrn.com/abstract=1530529

Contact Information

Yael Ronen (Contact Author)
Sha'arei Mishpat Law School, Hod Hasharon ( email )
1 Aliyat Ha'Noar St.
Hod Hasharon, 45101
Israel
HOME PAGE: http://www.mishpat.ac.il/main.asp?lngCategoryID=4418
Hebrew University of Jerusalem - Faculty of Law, Minerva Center ( email )
Mount Scopus, 91905
Israel

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