tag:blogger.com,1999:blog-4605495417463810012.post4354886862988297724..comments2024-03-06T10:16:40.696+00:00Comments on PhD studies in human rights: Palestine Should Accede to the Rome StatuteWilliam A. Schabashttp://www.blogger.com/profile/17552332133145290879noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4605495417463810012.post-14959672177049221432011-11-05T01:06:21.661+00:002011-11-05T01:06:21.661+00:00It is not entirely clear, however, whether accessi...<i>It is not entirely clear, however, whether accession by Palestine would mean that the article 12(3) declaration could apply to the past, to a period when Palestine may not have been ‘a state’ within the meaning of the Rome Statute.</i><br /><br />Palestine's application to the Security Council and UNESCO were based upon the 1988 Algiers UDI. According to many authorities (e.g. Ti-chiang Chen) recognition of statehood is ordinarily retroactive in effect and validates all the actions and conduct of the government so recognized from the commencement of its existence. See for example <a href="http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=246&invol=297" rel="nofollow">Oetjen V. Central Leather Co. , 246 U.S. 297 (1918)</a> and Ti-chiang Chen, "The international law of recognition, with special reference to practice in Great Britain and the United States", Nabu Press, 2010. <br /><br />Palestinian Authority Ministers with full powers emanating from the President of the State and the Chairman of the PLO Executive, had signed the <a href="http://www.ciaonet.org/cbr/cbr00/video/cbr_ctd/cbr_ctd_27.html" rel="nofollow">"The Arab Convention for the Suppression of Terrorism</a>, adopted by the Council of Arab Ministers of the Interior and the Council of Arab Ministers of Justice, Cairo, April 1998 and <a href="http://www.oicun.org/7/38/" rel="nofollow">"The Convention of the Organization of the Islamic Conference on Combating International Terrorism</a>, adopted at Ouagadougou on 1 July 1999. Palestine is also a signatory to the Arab League and OIC agreements on diplomatic immunity of officials on mission to those organizations.<br /><br />Some of those international agreements on immunity or extradition for acts of terror that fall within the jurisdiction of the Court were listed in official submissions made to the ICC by the League of Arab States, i.e. page 8, <a href="http://uclalawforum.com/media/background/gaza/2009-10-14_League_of_Arab_States-Documents_(English).pdf" rel="nofollow">"Position of the State of Palestine From Signature and Ratification or Membership to Group Treaties and Agreements Concluded within the Council of the League of Arab States"</a> <br /><br />The effective dates of those agreements pre-date the entry into effect of the Rome Statute. So, Palestine has been a "third State" from the outset for the purposes of Article 98(1) insofar as ICC member states, like Jordan, Comoros Island, Djibouti, and Tunisia are concerned.Hostagehttps://www.blogger.com/profile/17734214941510644323noreply@blogger.com