Palestine and the ICC: a Critical appraisal of the decision of the office of the prosecutor on the Palestine ad hoc Declaration

Abstract

The Palestinian government made an ad hoc declaration accepting the jurisdiction of the International Criminal Court in 2009. Three years later, the Office of the Prosecutor of the International Criminal Court rejected the declaration. It decided that it is not within the competence of the Office of the Prosecutor, but up to the United Nations Secretary General or the Assembly of States Parties, to determine the Statehood of Palestine. This research paper analyses the 2009 Palestinian ad hoc declaration accepting the jurisdiction of the International Criminal Court and the decision of the Office of the Prosecutor. It critically examines the legal basis of the Palestinian ad hoc declaration, the Procedure followed by the Prosecutor and the Statehood issue of Palestine. The study concludes that although there are enough supporting evidences to hold the Palestinian ad hoc declaration acceptable, the approach adopted and the conclusion reached by the Prosecutor are highly questionable in light of the Rome Statute and Conventional law.