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

Articles in Press

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

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.
    3. Benoliel, D., & Perry, R. (2010). Israel Palestine and the ICC. Michigan Journal of International Law, 32. 73-127.
    4. Boyle Francis A. (1990). The Creation of the State of Palestine. European Journal of International Law, 1, 301-306.
    5. Cameron I (2004). Jurisdiction and admissibility issues under the ICC statute. In: McGoldrick, D., Rowe, P., & Donnelly, E. (2004). The permanent International Criminal Court: Legal and policy issues. Hart Publishing, Oxford.
    6. Mendes, Errol. Statehood and Palestine for the Purposes of Article 12(3) of the ICC Statute. 1-50, https://www.icc-cpi.int/NR/rdonlyres/D3C77FA6-9DEE-45B1ACC0B 41706BB41E5/281876/OTPErrolMendesNewSTATEHOODANDPAESTINEFORTHEPURPOS.pdf
    7. Morris, M. (2000). The Jurisdiction of International Criminal Court Over Nationals of Non-party States. Journal of International & Comparative Law, 6, 363-369.
    8. Quigley, J. (2009). The Palestine Declaration to International Criminal Court: The Statehood Issue. Rutgers Law Record, 35, 1-11.

     

    1. C) Cases
    2. ICJ Advisory Opinion of 9 July 2004, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory.
    3. ICJ, Barcelona traction case, 1970.
    4. Situation in the Republic of Côte d’Ivoire, 2011.

     

    1. D) Documents
    2. Arab League Council Decisions, Sixty-Sixth Session, 6-9 September 1976.
    3. Draft Articles on Responsibility of States for Internationally Wrongful Acts 200[1].
    4. General Assembly Resolution 19/67, 2012.
    5. General Assembly Resolution 3236, 1974.
    6. General Assembly Resolution 3237, 1974.
    7. General Assembly Resolution 43/177, 1974.
    8. General Assembly Resolution 52/250,7, 1998.
    9. ICC, Elements of Crimes, 2002, ICC-ASP/1/3 part II.B.
    10. ICC, Press release: The prosecutor of the International Criminal Court, Fatou Bensouda, opens a preliminary examination of the situation in Palestine, 16 January 2015, ICC-OTP-20150116-PR1083.
    11. Office of the Prosecuter, Report on Preliminary Examination Activities, ICC, 2015.
    12. Office of the Prosecuter, Report on Preliminary Examination Activities, ICC, 2017.
    13. Office of the Prosecuter, Report on Preliminary Examination Activities, ICC, 2018.
    14. OTP, Situation in Palestine, 3 April 2012.
    15. Rome Statute (ICC) 1998.
    16. Security Council Resolution 1397, 2002.
    17. Security Council Resolution 1422, 2002.
    18. Security Council Resolution 1515, 2003.
    19. UN charter, 1946.
    20. Vienna Convention on the Law of Treaties, 1988.

     

    Referances in Persian:

    1. A) Books
    2. Eslami, Reza (2016). Does the Human Rights? second publish, Tehran: Majd (In Persian).
    3. Hoseini nejad, H. G. (1994). International Criminal Law. first publish, Shahid Beheshti University, Tehran: Mizan (In Persian).
    4. International Law Commission of UN, international responsibility of state: text and comments of articles (2014). translated by Aireza Ebrahim Gol, sixth publish Tehran: Shahr Danesh (In Persian).
    5. Shariat Bagheri, M. J. (2008). International Criminal Law. first publish, Tehran: Jungle (In Persian).

     

    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).
    3. Beighzadeh, E. (1995). UN and International Criminal Tribunals. law research magazine, 18, 39-146 (In Persian).
    4. Beighzadeh, E. (1998). Review Genocide and Crime Against Humanity in Statute of ICC. Law Research Magazine, 21-22, 69-104 (In Persian).
    5. Beighzadeh, E. (2003). Challenges of ICC. quarterly Foreign Policy, 17(2), 357-372 (In Persian).
    6. Beighzadeh, E. (2004). ICC and International Law. Theology and Law Specelized Magazine, 13, 177-186 (In Persian).
    7. Beighzadeh, E. (2016). From Self Determination till Resistance Against Repression. 76, 11-36 (In Persian).
    8. Habib Zadeh, M., Ardabili, Mohammad Ali; Jani Poor, Mojtaba (2005). Ne(non) bis in idem in International Criminal Law. quarterly of Human Science School, special Nomber of Law, 47-74 (In Persian).
    9. La Hayieh Owh (2002). Jurisdiction of ICC; Disagreements on pre conditions for applying the jurisdiction. judicial point of views, translated by: Mohammad Javad Shariat Bagheri, 26, 25-57 (In Persian).
    10. Ramezani Ghavam Abadi, M. H. (2016). from Recognition of Palestine till Membership in ICC. quarterly of government research, 2(7), 1-41 (In Persian).
    11. Ramezani Ghavam Abadi, M. H. (2017). Materialized of International Criminal Justice in Africa; impediments and approaches. quarterly of public law studies, 47(1), 1-26 (In Persian).
    12. Ramezani Ghavam Abadi, Mo. H. (2018). Gradual Development of Regional Criminal Justice with Emphasise on African Court of Justice and Human Rights. Criminal law studies, 6(22), 261-323 (In Persian).
    13. Tavernieh, P. (1996). International Criminal Court. Law Research Magazine, translated by: Beighzadeh, Ebrahim, 16-17, 509-524 (In Persian).
    14. Yaghoobi, E. (2011). meaning of thraet against international peace and security in practice of Security Council. thesis for master of art degree, supervisor: Mohsen Abdollahi, Shahid Beheshti University (In Persian).

     

    1. C) Websites
    2. http://shariatbagheri.blogfa.com/post-61.aspx (2021/06/02) (In Persian).
    3. http://kayhan.ir/fa/news/47296 (2020/06/13) (In Persian).
    4. http://1945.ir/fa/news/245 (2020/03/31) (In Persian).
    5. http://www.humanrights-iran.ir/news-40963.aspx (2021/06/05) (In Persian).
    6. http://febanafi.blogfa.com/post/35 (2020/07/02) (In Persian).
    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

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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