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Palestine, UN Non-Member Observer Status and ICC Jurisdiction

On 22 January 2009, the Palestinian Minister of Justice, on behalf of the Palestinian National Authority (PNA), lodged a declaration recognizing the jurisdiction of the International Criminal Court (ICC) (pictured left) ‘for the purpose of identifying, prosecuting and judging the authors and accomplices of acts committed on the territory of Palestine since 1 July 2002.’ On 3 April 2012, the ICC Office of the Prosecutor concluded that the preconditions to the exercise of jurisdictionwere not met, arguing that Palestine had only been granted ‘observer’, not ‘Non-member State’ status by General Assembly (GA). The Prosecutor considered that the Declaration ‘was not validly lodged’ (Report on Preliminary Examinations Activities 2013, para. 236). However, the Prosecutor also said that ‘allegations of crimes committed in Palestine’ could be considered ‘in the future’ if the ‘competent organs of United Nations … resolve the legal issue relevant to an assessment of article 12 …’. On 29 November 2012 the UN GA – by 138 votes to 9, with 41 abstentions – decided ‘to accord to Palestine non-member observer State…

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Was the US Entitled to Require the Departure of the (former) Indian Consul?

For my previous posts on legal issues arising out of the diplomatic incident between the United States and India regarding arrest of the Indian Deputy Consul-General see Part I and…

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The Immunity of Representatives to the UN: A New Twist in the Diplomatic Row Between India and the United States

Part 1 and Part 3 The diplomatic row between India and the United States over the arrest and prosecution of Devyani Khobragade, the Indian…

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Immunity of Consular Officials – The Arrest by the US of an Indian Deputy Consul-General

For a subsequent posts on this issue see part 2 and part 3. A serious diplomatic row is brewing…

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Syria and the Law of Humanitarian Intervention (Part II: International Law and the Way Forward)

Editor’s Note: This piece was originally published on Just Security. My first post for Just Security explained why, despite some bungled politics, President Obama’s proposed military action in Syria could have been lawful under U.S. domestic law.  This post discusses why President Obama did not violate international law by threatening to use force in Syria in…

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