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

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

27 Pages Posted: 4 Aug 2011  

Michael G. Kearney

University of Sussex; University of Sussex Law School

Date Written: July 16, 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.

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

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: https://ssrn.com/abstract=1904898

Michael G. Kearney (Contact Author)

University of Sussex ( email )

School of legal studies
Brighton, Sussex BNI 9RH
United Kingdom

University of Sussex Law School ( email )

Falmer
Brighton BN1 9QN
United Kingdom

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