ICC Jurisdiction Over Acts Committed in the Gaza Strip: Article 12(3) of the ICC Statute and Non-State Entities
Journal of International Criminal Justice, Vol. 7, No. 1, 2010
30 Pages Posted: 11 Jan 2010 Last revised: 15 Apr 2015
Date Written: January 3, 2010
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.
Keywords: ICC, jurisdiction, Gaza Strip, Palestine , statehood, Article 12(3), ICC Prosecutor
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