Palestine and the International Criminal Court: asking the right question

Kearney, Michael (2010) Palestine and the International Criminal Court: asking the right question. UCLA Human Rights and International Criminal Law Online Forum.

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Abstract

This is one of a series of papers published in the inaugural volume of the UCLA Human Rights & International Criminal Law Online Forum addressing legal issues arising from the Palestinian Authority’s submission of a declaration under Article 12(3) of the Rome Statute. The paper considers the differing approaches to the question at hand by critically reviewing each of the papers submitted to the Office of the Prosecutor and published in the Annex to the Summary of Arguments, published by the OTP in May 2010

The paper identifies and reviews two distinct approaches, labeled as the ‘Orthodox’ and ‘Functional’ approaches, and argues that it is the reasoning followed by the proponents of the latter approach that should guide the Prosecutor when making a decision as to whether to accept the Palestinian Authority’s declaration as valid

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > KZ Law of Nations > KZ5510 International law of peace and peace enforcement
Related URLs:
Depositing User: Michael Kearney
Date Deposited: 27 Nov 2012 20:09
Last Modified: 13 Mar 2017 12:20
URI: http://sro.sussex.ac.uk/id/eprint/43082

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