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Can Transfer of Civilians into Israel's Settlements Be Prosecuted as a War Crime in the International Criminal Court?

13 Pages Posted: 23 May 2014  

John Bernard Quigley

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: May 21, 2014

Abstract

The International Criminal Court has subject matter jurisdiction over the act of transfer of civilians into settlements in territory under belligerent occupation. This essay considers whether, once the issue of territorial jurisdiction is resolved, the transfer of civilians into settlements in the West Bank sector of Palestine would prima facie be prosecutable. It considers as well a number of potential defenses that might be raised.

Keywords: war crimes, international criminal court

JEL Classification: K33

Suggested Citation

Quigley, John Bernard, Can Transfer of Civilians into Israel's Settlements Be Prosecuted as a War Crime in the International Criminal Court? (May 21, 2014). Ohio State Public Law Working Paper No. 256. Available at SSRN: https://ssrn.com/abstract=2439841 or http://dx.doi.org/10.2139/ssrn.2439841

John Bernard Quigley (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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