Abstract

http://ssrn.com/abstract=1633975
 


 



Palestine and the International Criminal Court: Asking the Right Question


Michael G. Kearney


University of Sussex; University of Sussex

July 1, 2010

UCLA Human Rights & International Criminal Law Online Forum, Forthcoming

Abstract:     
This is one of a series of papers to be published in the inaugural volume of the UCLA Human Rights & International Criminal Law Online Forum addressing legal issues arising from the Palestinian Authority’s submission of a declaration under Article 12(3) of the Rome Statute. The paper considers the differing approaches to the question at hand by critically reviewing each of the papers submitted to the Office of the Prosecutor and published in the Annex to the Summary of Arguments, published by the OTP in May 2010.

The paper identifies and reviews two distinct approaches, labeled as the ‘Orthodox’ and ‘Functional’ approaches, and argues that it is the reasoning followed by the proponents of the latter approach that should guide the Prosecutor when making a decision as to whether to accept the Palestinian Authority’s declaration as valid.

Number of Pages in PDF File: 14

Keywords: Palestine, International Criminal Court, Rome Statute, Law, Montevideo, Statehood

Accepted Paper Series


Download This Paper

Date posted: July 3, 2010  

Suggested Citation

Kearney, Michael G., Palestine and the International Criminal Court: Asking the Right Question (July 1, 2010). UCLA Human Rights & International Criminal Law Online Forum, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1633975

Contact Information

Michael G. Kearney (Contact Author)
University of Sussex ( email )
School of legal studies
Brighton, Sussex BNI 9RH
United Kingdom
University of Sussex ( email )
Falmer
Brighton BN1 9QN
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 1,363
Downloads: 428
Download Rank: 37,085

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.266 seconds