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Palestine and the International Criminal Court

Part of the International Criminal Justice Series Book Series (volume 21)

DOI: 10.1007/978-94-6265-291-0

ISBN: 978-94-6265-290-3

Publisher: T.M.C. Asser Press - Springer Journals

Apr 6, 2019

LitStream

Chapter 1Introduction and Overview

Adem, Seada Hussein

Pages: 1 –10

[This chapter provides a general overview and an introduction. It starts by giving a background to the interaction of Palestine with the International Criminal Court followed by the objectives of the study. It also presents a discussion of the available literature on the topic. The final section...
LitStream

Chapter 2Historical and Political Background of the Israeli-Palestinian Conflict

Adem, Seada Hussein

Pages: 11 –48

[The Israeli-Palestinian conflict has a complex history. The different, often conflicting, narratives of this conflict contribute to its perpetuity. Although it is beyond the scope of this chapter to clarify the ‘historical truth’ in the Israeli-Palestinian conflict, it is, nevertheless,...
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Chapter 3The 2009 Palestinian Ad hoc Declaration

Adem, Seada Hussein

Pages: 49 –78

[In 2009, the Palestine Authority lodged an ad hoc declaration to the International Criminal Court accepting the jurisdiction of the Court for crimes committed since 2002. Almost three years later, the Office of the Prosecutor decided not to open an investigation on the situation in Palestine...
LitStream

Chapter 4Pre-Investigation Considerations

Adem, Seada Hussein

Pages: 79 –110

[Following the submission of the second Palestinian ad hoc declaration in 2014, the Office of the Prosecutor opened a preliminary examination into the situation in Palestine. During preliminary examinations, the Prosecutor employs a four-tier filtering mechanism to determine whether the...
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Chapter 5Case Selection and Crimes Under the Rome Statute

Adem, Seada Hussein

Pages: 111 –185

[Once a preliminary examination proceeds to investigation, the Office of the Prosecutor has the task of selecting and prioritising potential cases that could surface before the Court. This chapter examines the criteria for case selection and prioritisation followed by a discussion of possible...
LitStream

Chapter 6Perspectives on the Intervention of the ICC in Palestine

Adem, Seada Hussein

Pages: 187 –219

[Peace and justice are no longer viewed as mutually exclusive. Establishing sustainable peace requires addressing injustices and combatting the culture of impunity. The proper application and sequencing of transitional justice tools enable peace and justice to augment each other. This chapter...
LitStream

Chapter 7Conclusions and Recommendations

Adem, Seada Hussein

Pages: 221 –226

[This book relies on two foundations. One, Impunityimpunity regarding gross human rights violations should not be tolerated and those who bear the greatest responsibility should not go unpunished. Two, in the absence of a concerned domestic judicial system willing and able to investigate and...

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