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The Feasibility of the International Criminal Court's Investigation into ‎the Situation in Palestine and Its Potential Consequences

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

Abstract

The International Criminal Court symbolizes the realization of a long-held human aspiration which was aimed at preventing the recurrence of the atrocities of the world wars through the prosecution and punishment of perpetrators of severe international crimes. One of the fundamental and enduring principles of international law—the requirement of the expressed will of the state in its commitment to an international obligation—has limited the global applicability of the Rome Statute. To partially address this issue, the question of prosecuting crimes committed by nationals of non-member states on the territory of member states has been raised. From the outset, the opposition of some states to the prosecution of nationals of non-member states has posed challenges to the effectiveness and functioning of the ICC. With Palestine's membership in the court and its complaint against Israeli officials, this challenge has intensified. This paper examines the legal status of Palestine's membership in the court and the possibility of prosecuting Israeli officials. It also evaluates the latest status of the case brought before the ICC and examines the potential counteractions of Israel and the intervention of the Security Council. Ultimately, the findings of the paper indicate that the court's jurisdiction over Israeli nationals is more consistent with the principles and objectives of the court's establishment, which are the enforcement of justice and the fight against impunity, and that the court has no prohibition against commencing proceedings in the said case.

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
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    1. C) Cases
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    1. D) Documents
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    Referances in Persian:

    1. A) Books
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    1. B) Articles
    2. Ackendy, D. (2006). Competency of ICC due to the Nationals of non-state parties, Limitations and Legal Bases. law research magazine, translated by: Hosein Aghiee Janat Makan, 43, 465-520 (In Persian).
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    1. C) Websites
    2. http://shariatbagheri.blogfa.com/post-61.aspx (2021/06/02) (In Persian).
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    7. http://khz.farhang.gov.ir/fa/article/print/5227 (2020/04/03) (In Persian).
    8. http://mehrnews.com/news/2533450 (2021/12/09) (In Persian).
    9. http://www.icc-cpi.int/palestine (2021/11/28) (In Persian).
Public Law Studies Quarterly
Volume 54, Issue 4
Winter 2025
December 2024
Pages 2153-2176
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History
  • Receive Date: 05 August 2022
  • Accept Date: 30 January 2023
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