Why the ICC Needs a 'Palestine Situation' (More than Palestine Needs the ICC): On the Court's Potential Role(S) in the Israeli-Palestinian Context

Diritti Umani e Diritto Internazionale (Human Rights and International Law), Vol 11, No 1 (2017) pp. 115-150

26 Pages Posted: 28 Mar 2018

See all articles by Valentina Azarova

Valentina Azarova

Manchester International Law Centre (MILC), Manchester University Law School

Triestino Mariniello

Edge Hill University

Date Written: May 1, 2017

Abstract

This article interrogates the potential role of the ICC in the Israeli-Palestinian context as a function of the relationship between international criminal justice and the maintenance of peace. It argues that the Palestine situation presents the ICC with a critical opportunity to redress its ‘crises’ of effectiveness and legitimacy. The risks of an ICC intervention for the Palestinian population and for the Court may have been underappreciated. However, the Court’s reluctance to open an investigation in the Palestine situation, and missed opportunities during the deliberation of Palestine’s 2009 declaration requesting jurisdiction, have undermined its institutional integrity and contributed to the waning of its standing as an enforcer of international law. This contribution concludes that the ICC’s potential to deter international crimes in the Israeli-Palestinian context is limited, and the Court needs a ‘Palestine situation’ more than the Palestine needs the ICC.

Keywords: ICC, Palestine-Israel, Complementarity, Deterrence, Legitimacy, Effectiveness

Suggested Citation

Azarova, Valentina and Mariniello, Triestino, Why the ICC Needs a 'Palestine Situation' (More than Palestine Needs the ICC): On the Court's Potential Role(S) in the Israeli-Palestinian Context (May 1, 2017). Diritti Umani e Diritto Internazionale (Human Rights and International Law), Vol 11, No 1 (2017) pp. 115-150, Available at SSRN: https://ssrn.com/abstract=3147923

Valentina Azarova (Contact Author)

Manchester International Law Centre (MILC), Manchester University Law School ( email )

Oxford Road
Manchester, M13 9PL
United Kingdom

Triestino Mariniello

Edge Hill University ( email )

St. Helens Road
Ormskirk, Lancashire, L39 4QP
United Kingdom

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