Please use this identifier to cite or link to this item: http://dspace.up.edu.ps/xmlui/handle/123456789/267
Title: Future of Palestine's Membership in the International Criminal Court
Other Titles: مستقبل عضوية فلسطين في محكمة الجنايات الدولية
Authors: Abu Hajar, Ameen
Keywords: Future
Palestine's
Membership
International
Criminal Court
Issue Date: 21-Jun-2017
Abstract: The main purpose of establishing international institutions and organizations is to end disputes between States through diplomatic means through the rules of international law. In the event of violation of the law, these institutions should be separated from those disputes and independent and have the authority to solve and end these disputes. Currently, the International Criminal Court which is governed by the Rome Statue in 1998, takes on the role of prosecuting individuals who commit crimes against humanity and war crimes during disputes. On July 1, 2002, with the ratification of 60 states, the international criminal court (ICC) entered into force. The primary mission of the International Criminal Court is to help put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole, and thus to contribute to the prevention of such crimes. It is responsible prosecute individuals who commit genocide, war crimes and crimes against humanity. It is ,also, within its competence to deal with the crime of aggression when agreement is reached on the definition of the crime of aggression. The International Criminal Court is therefore legally and functionally independent and is not part of the United Nations system. However, there is a close relationship between the United Nations and the criminal court, through the Negotiation Relations Agreement, and the Security Council can bring a case before the International Criminal Court and refer international criminal cases that fall under the jurisdiction of the Court. The Court has 18 judges, elected by States parties for a period of nine years, where the judge must remain in office until any trial or appeal has already begun. Two judges may not be from the same country. On January 2015, the State of Palestine became a member of the Rome Statue in the International Criminal Court. The accession of Palestine to the International Criminal Court means that as Palestine is entitled to go to court if it is able to do so through the UN Security Council against Israel, it also, means the Palestinian Authority's commitment to the conditions of membership in the court and its willingness to hand over Palestinian persons accused of war criminals regardless of the status and/or position from the Prime Ministry, President or to the smallest solider or person. This person will also be trailed against crimes committed to any individual or state that maybe aligned with Israel. As a member of the ICC, the State of Palestine is obliged to hand over immediately those who are wanted by the court. They will be prosecuted according to a list of charges against them on various charges that are considered as an act of terrorist that led to the killing of civilians and it will not be considered as an act of resistance to the occupation. These acts include the firing of rockets on Israeli cities or bombings in Jerusalem, and/or Tel Aviv. The State of Palestine has to recognize that as a member of the ICC there are other members that are pro-Israel and against the rights of Palestinians people to fight for freedom and independence and for the establishment of an independent state with its capital in Jerusalem. The purpose of this study is seek mechanisms to activate the membership of the State of Palestine in the International Criminal Court in order to obtain the rights and justice of its people from the state of Israel and most importantly obtaining justice for the crimes committed during conflict and possibly prevents future violations.
Description: The purpose of this study is seek mechanisms to activate the membership of the State of Palestine in the International Criminal Court in order to obtain the rights and justice of its people from the state of Israel and most importantly obtaining justice for the crimes committed during conflict and possibly prevents future violations.
URI: http://dspace.up.edu.ps/xmlui/handle/123456789/267
Appears in Collections:Theses

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