Tell It to the Judge: Palestine's UN Bid and the International Criminal Court
Mutaz Qafisheh (ed.), Palestine Membership in the United Nations: Legal and Practical Implications (Cambridge Scholars Publishing 2013) pp. 252-267
16 Pages Posted: 24 Jul 2013 Last revised: 11 Mar 2018
Date Written: June 1, 2013
This chapter considers the efforts to bring international crimes from the Palestinian-Israeli context before the ICC with the purpose of bringing the Court into the conflict, and thereby the conflict into the Court, in the hope that this would, at the very least, have a deterrent effect on Israel’s predatory institutional practices and stimulate action by governments and international organisations to ensure protection for the rights of the Palestinian people; especially those who have become victims of international law violations. Beyond evoking the role of international institutions, these tactics could provide further clout for holding third States, who have or are considering engagements with Israel, accountable for undermining their obligations under international law, and in some cases also their ability to maintain the integrity of their domestic legal orders. This somewhat ambitious ‘tour de France’ of the current state of affairs commences by describing the legal narratives and battles engaged in by both sides as the backdrop to the UN bid, which in turn seeks to internationalise the conflict in order to shift the power dynamic that has for so long characterized the Palestine-Israel context.
Keywords: public international law, international criminal law, international criminal court, Palestine, UN bid
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