Abstract

http://ssrn.com/abstract=1904898
 


 



Why Statehood Now: A Reflection on the ICC’s Impact on Palestine’s Engagement with International Law


Michael G. Kearney


University of Sussex; University of Sussex

July 16, 2011

IS THERE A COURT FOR GAZA? A TEST BENCH FOR INTERNATIONAL JUSTICE, C. Meloni, G. Tognoni, ed., T.M.C. Asser Press, 2011

Abstract:     
This essay seeks to reflect on the sudden emergence in the international law discourse of a sustained debate on the question of statehood since, after all, the question of Palestinian statehood has been an issue of concern even before 1947. Since the beginning of the second intifada in 2000, the emphasis in legal analysis of the conflict has moved from one primarily focused on individual violations of international human rights and humanitarian law to consideration of broader questions of public international law. This paper aims to reflect, generally, on this development, by touching upon why a legal analysis fitted into a framework largely restricted to human rights and humanitarian law in the Palestinian territory occupied since 1967, is being expanded temporally and normatively to engage with the overarching politico-legal questions around statehood, colonialism, and self-determination that have for the most part remained in the background of legal analysis since Palestine’s first encounters with the international legal framework under the aegis of the League of Nations.

Number of Pages in PDF File: 27

Keywords: Palestine, International Law, ICC, State, 1967, Israel, Gaza, Rome, Statute, PA, Mandate, Self-Determination

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Date posted: August 4, 2011  

Suggested Citation

Kearney, Michael G., Why Statehood Now: A Reflection on the ICC’s Impact on Palestine’s Engagement with International Law (July 16, 2011). IS THERE A COURT FOR GAZA? A TEST BENCH FOR INTERNATIONAL JUSTICE, C. Meloni, G. Tognoni, ed., T.M.C. Asser Press, 2011. Available at SSRN: http://ssrn.com/abstract=1904898

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
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