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Ronen on International Criminal Court Jurisdiction over the Gaza Strip

By Lawrence Solum

Yael Ronen (Minerva Center, Faculty of Law, Hebrew University of Jerusalem) has posted ICC Jurisdiction Over Acts Committed in the Gaza Strip: Article 12(3) of the ICC Statute and Non-State Entities (Journal of International Criminal Justice, Vol. 7, No. 1, 2009) on SSRN. Here is the abstract:

On 21 January the Palestinian Minister of Justice lodged with the ICC Registrar a ?Declaration Recognizing the Jurisdiction of the International Criminal Court? over acts committed on the territory of Palestine since 2002. This article concerns three issues regarding the admissibility of this declaration, all of which are linked to the question of statehood. It first argues that the ICC Prosecutor may not assume the existence of a Palestinian state because the Palestinians themselves do not make a claim to that effect. It then examines whether under a purposive interpretation of Article 12(3), declarations should also be admitted from quasi-states. Finally, it examines the consequences of the ICC Prosecutor engaging in questions concerning statehood and recognition.

Full post as published by Legal Theory Blog on January 12, 2010 (boomark / email).