Amicus curiae to the ICC : the situation in the State of Palestine (2020)

We submit, in support of the Prosecutor’s conclusion, that the Declaration of Principles in 1993, the Interim Agreement of 1995, and the subsequent agreements between the Palestinian Liberation Organization (PLO) and Israel (hereinafter referred to as the Oslo Accords) do not bar the exercise of the Court’s jurisdiction, especially in Area C. Specifically, we address the following three points: (A) The absence of enforcement jurisdiction does not negate prescriptive jurisdiction; (B) a special agreement cannot be concluded in violation of a peremptory norm; and (C) that the obligation to prosecute a grave breach under the Geneva Conventions takes priority over other conflicting obligations which arise out of a bilateral treaty.

Keywords: #International_criminal_courts; #Jurisdiction_Palestine; #Self_determination, #National_Palestine; #Israel;

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Khalil, Asem & Halla Shoaibi. Amicus Curiae to the ICC: The Situation in the State of Palestine. 16 March 2020.

Click here to download the PDF version.

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