Journal Article

The Palestinian Declaration and the Jurisdiction of the International Criminal Court

Alain Pellet

in Journal of International Criminal Justice

Volume 8, issue 4, pages 981-999
Published in print September 2010 | ISSN: 1478-1387
Published online September 2010 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqq057
The Palestinian Declaration and the Jurisdiction of the International Criminal Court

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The Declaration made by the Palestinian Authority on 21 January 2009 whereby Palestine agrees to the exercise of jurisdiction by the International Criminal Court for crimes committed in Palestinian territory since 1 July 2002, raises several interesting issues of international law. However, according to the author, the Court must not engage with all such issues, which are indeed extremely broad in scope; in particular, the Court should refrain from pronouncing in abstracto on the issue of whether or not Palestine is a state under international law. On the contrary, the Court should resort to a functional interpretation of the ICC Statute and limit itself to ascertaining whether the conditions required for the Court to exercise jurisdiction are met in the present case. The author argues that these conditions are indeed met.

Journal Article.  10027 words. 

Subjects: Criminal Law ; International Law

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