Taking the Settlements to the ICC? Substantive Issues

111 AJIL Unbound 57-61 (2017)

Hebrew University of Jerusalem International Law Forum Working Paper No. 04-17

Hebrew University of Jerusalem Legal Research Paper No. 17-28

7 Pages Posted: 16 May 2017 Last revised: 14 Jun 2017

See all articles by Yael Ronen

Yael Ronen

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights; Academic Center for Science and Law, Hod Hasharon

Date Written: May 14, 2017

Abstract

This article tenders some observations on the application of ICC Statute Article 8(2)(b)(viii) (specifically addressing the crime of transfer by the occupying power of part of its of civilian population to occupied territory) to the Israeli settlements in the West Bank. The analysis emphasizes the systemic nature of the transfer of population, both as the normative essence of the crime, and as a factual characteristic of Israeli policy. The article addresses the idiosyncratic character of the criminal prohibition of transfer of the occupying power’s civilian population into occupied territory; the normative status of the prohibition in ICC Statute Article 8(2)(b)(viii) and its applicability to Israeli nationals; the meaning of “transfer” and the significance of mens rea defenses in the context of the Israeli settlements project.

Keywords: Israel, Palestine, settlements, ICC Statute, occupation, transfer of civilian population, Article 8(2)(b)(viii)

Suggested Citation

Ronen, Yael, Taking the Settlements to the ICC? Substantive Issues (May 14, 2017). 111 AJIL Unbound 57-61 (2017), Hebrew University of Jerusalem International Law Forum Working Paper No. 04-17 , Hebrew University of Jerusalem Legal Research Paper No. 17-28, Available at SSRN: https://ssrn.com/abstract=2968002 or http://dx.doi.org/10.2139/ssrn.2968002

Yael Ronen (Contact Author)

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights ( email )

Mount Scopus
Jerusalem, 9190501
Israel

HOME PAGE: http://https://en.law.huji.ac.il/people/yael-ronen

Academic Center for Science and Law, Hod Hasharon ( email )

5 Margoa St.
Hod Hasharon, 45101
Israel

HOME PAGE: http://en.mishpat.ac.il/yael_ronen/

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