2021-03-01
The ICC Decision On The Situation In Palestine: A Diamond Or Thorn In International Law?
Article by Musana Joshua Malcolm
Abstract
The recent decision by the International Criminal Court on the Situation in the State of Palestine saw the majority of the Court declare that it had jurisdiction to determine the matter on the basis of Palestine being a State Party to the Rome Statute. This decision has been met with controversy and has been criticised as having a flawed reasoning. This article seeks to address this criticism while shedding light on some of the possible ramifications of the decision both adverse and positive on the field of international law. In doing so, the article also discusses the assertions made by the majority of the Court as well as those made in the dissenting opinion of one of the International Criminal Court's judges.
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