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Examination of Applying Jurisdiction of ICC on Palestine Situation and its Probable Effects

Document Type : Article

Authors

1 Ph.D. Student in International Law, Faculty of law, Shahid Beheshti University, Tehran, Iran

2 Associate Prof., Department of environmental Law, Faculty of law, Shahid Beheshti University, Tehran, Iran

10.22059/jplsq.2023.346749.3152

Abstract

International Criminal Court is symbol of mankind wish which is established to prevent another atrocity of war devil through punishment of perpetrators of international grave crime and for benefit of justice. The role of states will as a fundamental foundation of international law in their obligations are derived from international instruments, has effects on the goal of ICC's statute and hamper the global application of this convention. For addressing this situation in partial, there was too discussion about investigation and prosecution of non-state party's citizens which has committed a crime under jurisdiction of ICC in the territory of a state party. From the beginning there were a lot of opposite idea which raised by some states about the possibility of trial of the citizens of non-state parties and this position endangered the effectiveness and proper function of ICC. With joining of Palestine to Rom Statute and referral of situation to ICC, this challenge got more serious. In this article alongside with examination of legal situation of Palestine in Court we would consider whether is possible to prosecute Israel's officials or not as main question and at last the latest position of this case and possible reactions of Israel and intervention of Security Council would be examined. In sum, this article concludes that ICC would apply its jurisdiction on Israel's officials and this conclusion is in line with goal and function of ICC in combating with impunity and benefit of justice.

Keywords

Main Subjects

References

  1. English

    1. A) Book
    2. Schabas William (2011). An introduction to the International Criminal Court. 4th edn. Cambridge University Press, Cambridge.

     

    1. B) Articles
    2. Ash, R. (2009). Is Palestine a ‘state’? A response to Professor John Quigley’s article ‘The Palestine declaration to the International Criminal Court: the statehood issue’. Rutgers Law Records, 36, 186–201.
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    1. C) Cases
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    4. Situation in the Republic of Côte d’Ivoire, 2011.

     

    1. D) Documents
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    20. Vienna Convention on the Law of Treaties, 1988.

     

    Referances in Persian:

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    1. C) Websites
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    9. http://www.icc-cpi.int/palestine (2021/11/28) (In Persian).
Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 21 December 2024
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History
  • Receive Date: 05 August 2022
  • Accept Date: 30 January 2023
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