More than three years later the ANP, acting under Article 12(3) of the ICC Statute, lodged a declaration accepting the exercise of jurisdiction by the ICC with respect to crimes committed in its territory since July 2002 (including those committed by Israeli army during the December 2008 attack against the Gaza Strip), the ICC Prosecutor found it was not competent to address whether ANP was “a State which is not a Party to the Statute” within the meaning of that provision. Thus, it could not be ascertained whether that declaration was admissible. However, substantial and procedural statutory requirements reveal that the ICC Prosecutor could have acted differently. It seems it was driven by contextual and political considerations concerning ANP, and by its subordination to the UNSC.
Corte penale internazionale e accettazione della giurisdizione da parte della Palestina: incompetenza o subalternità al Consiglio di sicurezza? / Cimiotta, Emanuele. - In: DIRITTI UMANI E DIRITTO INTERNAZIONALE. - ISSN 1971-7105. - STAMPA. - VI:3(2012), pp. 685-693.