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Dergiler / Insight Turkey / 2021 / Cilt: 23 - Sayı: 3

The International Criminal Court and Israel’s Acts in the Occupied Territories: Progress and Prospects

Yücel ACER
Sayfa
69–92
DOI
—
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Although both the Prosecutor and the Chamber have approved that the Court has jurisdiction over the Palestinian territories, including those occupied by Israel, the prospect for the success of the trials by the Court depends on the cooperation of the international community as a whole and the State parties to the ICC Status.

📌 3 Maddede Bu Makale

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Amaç & Hipotez:Following the request of Palestine as a Party State to the Status of the International Criminal Court, the Prosecutor decided to start a preliminary investigation into the situation of Palestine.
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Temel Bulgular & Veri:Many significant issues concerning the status of Palestine as a State and its legal borders were raised during the preliminary investigation, both by the Prosecutor and during the examination of the Chamber.
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Sonuç & Katkı:Although both the Prosecutor and the Chamber have approved that the Court has jurisdiction over the Palestinian territories, including those occupied by Israel, the prospect for the success of the trials by the Court depends on the cooperation of the international community as a whole and the State parties to the ICC Status.
🔬Tür:Araştırma Makalesi
📍Kapsam:Genişletilmiş Akademik Örneklem
⚙️Değişkenler:Alan Parametreleri

Özet

Following the request of Palestine as a Party State to the Status of the International Criminal Court, the Prosecutor decided to start a preliminary investigation into the situation of Palestine. The preliminary investigation resulted in a request from the Prosecutor to the Pre-Trial Chamber I for clarification of the Court’s jurisdiction in relation to the occupied territories of Palestine. Many significant issues concerning the status of Palestine as a State and its legal borders were raised during the preliminary investigation, both by the Prosecutor and during the examination of the Chamber. Although both the Prosecutor and the Chamber have approved that the Court has jurisdiction over the Palestinian territories, including those occupied by Israel, the prospect for the success of the trials by the Court depends on the cooperation of the international community as a whole and the State parties to the ICC Status.

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Bu Makaleye Atıf Yap

ACER, Y. (2021). The International Criminal Court and Israel’s Acts in the Occupied Territories: Progress and Prospects. Insight Turkey, Cilt: 23 - Sayı: 3, 69–92. https://ajindex.com/articles/407301

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Kaynakça (17)

  1. The decision was taken at the San Remo Conference, a meeting of the Allied Supreme Council (Britain, France, Italy, and Japan) held on April 25, 1920
  2. For a review, see, Patrick C. R. Terry, “Britain in Palestine (1917-1948): Occupation, the Palestine Mandate, and International Law,” University of Bologna Law Review, Vol. 2, No. 2 (January 2017), p. 190
  3. Terry, “Britain in Palestine,” p. 215
  4. League of Nations Covenant, Article 22(1) and (2). 5. “Origins and Evolution of the Palestine Problem (Part I),” United Nations the Question of Palestine, retrieved July 18, 2021, from
  5. See, Resolution 181 (II), Future Government of Palestine,A/RES/181 (II). 7. “Origins and Evolution of the Palestine Problem,” p
  6. For a review, see, Victor Kattan, From Coexistence to Conquest, International Law and the Origins of the Arab-Israeli Conflict, 1891-1949, (London, New York: Pluto Press, 2009), pp. 140-170. 8. “Origins and Evolution of the Palestine Problem,” p. 33. 9. “Palestine - Progress Report of the United Nations Mediator A/RES/194 (II),” UN, UN General Assembly Resolution 194 (III), (December 11, 1948), retrieved from
  7. Resolution 237 (1967) / [adopted by the Security Council at its 1361st meeting], (June 14, 1967)
  8. See the next section, “The Crimes in Question and the Prospect for the Trials.
  9. See the next section, “The Crimes in Question and the Prospect for the Trials.” 13. “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,” International Court of Justice, (2004), retrieved from https://www.icj-cij.org/en/case/131, p. 136. 14. “State of Palestine,” International Criminal Court, (July 23, 2019), retrieved July, 20 2021, from https:// asp.icc-cpi.int/en_menus/asp/states%20parties/asian%20states/Pages/Palestine.aspx
  10. The ICC Statute, Article 13(a) and Article 14(1)
  11. The ICC Statute, Article 14(2)
  12. The ICC Statute, Article 13(b)
  13. The ICC Statute, Article 15(2)
  14. The ICC Statute, Article 15(3); Prosecution Request Pursuant to Article 19(3) for a Ruling on the Court’s Territorial Jurisdiction in Palestine. ICC-01/18-12, (January 22, 2020), par. 2
  15. The ICC Statute, Article 15(4)
  16. The ICC Statute, Article 15(6)
  17. The ICC Statute, Article 19(3). 23. “State of Palestine,” International Criminal Court. 24. “Declaration Accepting the