The Concept of State in Exercising the Jurisdiction of the International Criminal Court: The Palestine Situation

Document Type : Original Article

Authors

1 member of faculty of law, Payame Noor university, Tehran, Iran

2 Department of criminal law and criminology, faculty of law, Payame Noor university, Tehran, Iran

10.22091/ijicl.2024.10542.1094

Abstract

The International Criminal Court (ICC, the Court) enables States to pursue the ideal of international criminal justice without imposing formal conditions. Since only States can become members of the Court, a fundamental question arises: is statehood necessary for the Court to exercise its jurisdiction according to the provisions of public international law? This paper hypothesizes that the primary criterion for the Court is its objectives and the existence of conditions for exercising territorial jurisdiction, even in the absence of clearly defined borders. Employing a descriptive-analytical research method, this study draws upon legal doctrine, international documents, and general legal principles. It examines two perspectives within public international law and international criminal law to critically analyze the decision of Pre-Trial Chamber I regarding Palestine. The findings suggest that in exercising its jurisdiction, the Court operates independently of the rigid criteria traditionally associated with the concept of statehood in public international law.

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