In April 2012 the International Criminal Court (ICC) Prosecutor declined to review the admissibility of the Palestinian National Authori- ty’s declaration recognizing the Court’s jurisdiction, which was lodged in 2009 under Article 12(3) of the Rome Statute. This provision allows states not party to the Statute to accept the ICC jurisdiction with re- spect to crimes committed on their territory or by their nationals. The Prosecutor declined the authority to rule on such admissibility, since he was not empowered to define the term ‘state’ for the purposes of Arti- cle 12(3). This competence instead rested with the UN Secretary General (UNSG) and the UN General Assembly (UNGA). Potentially the Assembly of States Parties (ASP) could also in due course decide to ad- dress the matter. In concluding, the Prosecutor announced that he could consider future allegations of crimes perpetrated in Palestine, should the competent organs of the UN resolve the legal issue relevant to an assessment on the basis of Article 12, or should the UN Security Council (UNSC) make a referral according to Article 13(b).

What is the legal relationship between the International Criminal Court and non-state entities? Beyond the case of Palestine

CIMIOTTA, EMANUELE;
2015

Abstract

In April 2012 the International Criminal Court (ICC) Prosecutor declined to review the admissibility of the Palestinian National Authori- ty’s declaration recognizing the Court’s jurisdiction, which was lodged in 2009 under Article 12(3) of the Rome Statute. This provision allows states not party to the Statute to accept the ICC jurisdiction with re- spect to crimes committed on their territory or by their nationals. The Prosecutor declined the authority to rule on such admissibility, since he was not empowered to define the term ‘state’ for the purposes of Arti- cle 12(3). This competence instead rested with the UN Secretary General (UNSG) and the UN General Assembly (UNGA). Potentially the Assembly of States Parties (ASP) could also in due course decide to ad- dress the matter. In concluding, the Prosecutor announced that he could consider future allegations of crimes perpetrated in Palestine, should the competent organs of the UN resolve the legal issue relevant to an assessment on the basis of Article 12, or should the UN Security Council (UNSC) make a referral according to Article 13(b).
File allegati a questo prodotto
File Dimensione Formato  
Cimiotta_What-is-the-legal_2015.pdf

accesso aperto

Tipologia: Documento in Post-print (versione successiva alla peer review e accettata per la pubblicazione)
Licenza: Tutti i diritti riservati (All rights reserved)
Dimensione 49.89 kB
Formato Adobe PDF
49.89 kB Adobe PDF Visualizza/Apri PDF

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/793435
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact