إدارة الدعوى الفلسطينية أمام المحكمة الجنائية الدولية دائمة الانعقاد
Date
2021-06-12
Authors
فرح مجدي اسماعيل سلمي
Farah Majdi Ismael Selmi
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
The study tackles the mechanism of managing the Palestinian case before the
permanently convened International Criminal Court (ICC)، starting with the issue
of convening the criminal jurisdiction of the Court over the Palestinian Territory،
and ending with the tools of the Israeli authorities to obstruct and hinder the
investigation before the ICC.
The thesis aims to shed light on the war crimes and crimes against humanity that
have been and are being committed on the Palestinian Territory by the Israeli
authorities and their citizens. As well as to focus on the referral submitted by the
State of Palestine to the Public Prosecution of the International Criminal Court.
Hence، the importance of the thesis emerges in that it will provide a legal،
practical، and reference framework for all activities that seek to prosecute and hold
the perpetrators accountable for the most heinous crimes against humanity.
The problem of the study lies in the following question: What is the role of the
Palestinian authorities authorized to follow up the Palestinian file before the
International Criminal? Branching out from this problem a set of questions that the
study will try to answer. In order to answer that، the researcher followed the
deductive، descriptive، and analytical approach to the Palestinian-Israeli reality and
the International Criminal Court.
The thesis concluded with a set of results، the most important of which is،
Palestine submitted a request to "refer the situation in Palestine" to the
International Criminal Court، and this is the result of the tireless efforts of the
Supreme National Committee concerned with follow-up with the International
Criminal Court. Subsequently، the Public Prosecution of the International Criminal
Court، after its preliminary study on the “situation in Palestine،” will open an
investigation into three crimes within its “qualitative” jurisdiction، namely، The
Israeli settler colonial policy and its related issues، the Israeli aggression in the
year: (2014) on the Gaza Strip، and the targeting of Palestinian civilians in the
“Great March of Return” since the year: (2018).
Accordingly، the researcher recommended the necessity of urging the Palestinian
Ministry of Foreign Affairs and Expatriates to enhance the performance of the
Supreme National Committee concerned with following up with the International
Criminal Court، by preparing a special operational plan for it، and providing the
necessary resources to carry out the tasks assigned to it. The researcher also
recommended the need for good preparation of victims and witnesses، which gives
us the opportunity to provide decisive "statements" that are comprehensive، clear،
accurate، and acceptable، which enhances the opportunity to link the accused with
what is assigned to them.