This is still developing, the issue is whether the ICC has - TopicsExpress

This is still developing, the issue is whether the ICC has jurisdiction. The ICC has jurisdiction over crimes committed in a particular territory only if jurisdiction is granted by the state in whose territory the crimes occurred or by the UN. A state can confer jurisdiction on the court either by becoming a party to the Rome statute or by making a one-off declaration. Palestine had indeed made such a declaration. But was Palestine a state? Not according to the UN. At the time of Moreno Ocampos decision, it was merely an observer at the UN general assembly. So, in the prosecutors view, Palestines declaration had no effect. But the signatories to the letter argued Palestine was granted non-member observer state status by the general assembly in November 2012. It was now a state. Heller argued that the resolution did not have retrospective effect. It did not deem Palestine to have been a state in 2009. So the declaration it lodged then was effectively void. Of course, theres an easy answer to this. Palestine needs to lodge a new declaration, accepting the ICCs jurisdiction from November 2012. Heller says the new declaration must follow the wording of the old one and refer to acts committed in Gaza or Palestine: it wont be valid if it is limited to acts committed by one side or the other. #ICC4Israel

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