Palestine and the Politics of International Criminal Justice

Authored by: Michael Kearney , John Reynolds

The Ashgate Research Companion to International Criminal Law

Print publication date:  May  2013
Online publication date:  March  2016

Print ISBN: 9781409419181
eBook ISBN: 9781315613062
Adobe ISBN: 9781317043157


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On 3 April 2012, the Office of the Prosecutor of the International Criminal Court issued a statement declining jurisdiction over Palestine. 1 1

International Criminal Court (Office of the Prosecutor) ‘Situation in Palestine’ (3 April 2012).

The decision referred to the continued lack of clarity over the status of Palestine on the international legal stage. Although long contested in terms of rhetoric and politics, Palestine’s status had lain dormant from the perspective of international law since the United Nations’ 1947 Partition Resolution; 2 2

UNGA Res 181(II) (29 November 1947), UN Doc A/RES/181(II).

some significant attention following the Palestinian Declaration of Independence in 1988 notwithstanding. 3 3

Palestine National Council, Declaration of Independence (15 November 1988), UN Doc A/43/827-S/20278 (18 November 1988).

From 2002, the primary vehicle for the resolution of the status of the Palestinian territory occupied by Israel since 1967 became the ‘Quartet’, comprised of the United States, the European Union, Russia and the UN. Working with the respective authorities representing Israelis and Palestinians, their shared goal was the resolution of the conflict through the establishment and recognition of ‘an independent, viable, sovereign Palestinian state, living in peace and security alongside Israel’. 4 4

UN Security Council, Letter dated 7 May 2003 from the Secretary-General Addressed to the President of the Security Council, ‘A Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict’ (30 April 2003), UN Doc S/2003/529.

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