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Saturday, 3 July 2010
Gaza and the International Criminal Court
The Prosecutor of the International Criminal Court continues to consider whether or not to initiate an investigation into the situation in Gaza. Last year, he was given jurisdiction over Gaza in a declaration filed by the Palestinian Authority in accordance with article 12(3) of the Rome Statute. The preliminary issue is whether the declaration is legally valid. Dr Michael Kearney, who has been working with the Palestinian NGO Al Haq, has written a very good article on this, published by the UCLA Human Rights & International Criminal Law Online Forum.
I still remain unconvinced by Al Haq's argumentation, especially on why criminal jurisdiction over the crimes is relevant in the context of article 12, which is concerned with territory and nationality.
ReplyDeletehttp://dovjacobs.blogspot.com/2010/07/palestine-and-icc-follow-up-asking.html