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Palestine and the International Criminal Court: asking the right question

journal contribution
posted on 2023-06-08, 13:57 authored by Michael Kearney
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

History

Publication status

  • Published

File Version

  • Published version

Journal

UCLA Human Rights and International Criminal Law Online Forum

Publisher

UCLA Law

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • No

Legacy Posted Date

2012-11-27

First Compliant Deposit (FCD) Date

2012-11-27

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