القدس والجنائية الدولية (دراسة حالة الاستيطان في القدس الشرقية)
Date
2020-02-05
Authors
رانية احمد عثمان رزق
Rania Ahmad Othman Rizeq
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
The International Criminal Court and the Settlements in East Jerusalem. The purpose of this study is to analyze and convey the possibility of going to the International Criminal Court regarding the status quo of settlements in East Jerusalem, the International Criminal Court serves as an international institution to deter and incriminate those who commit crimes against humanity. This study aims to clarify the status of the city of Jerusalem in the International Criminal Court, through studying the possibility of trialing individuals in the State of Israel (the occupying power) for their violations of the rights of the Palestinians, before the International Criminal Court. In addition, to establish the legal status of the city of Jerusalem as a city under occupation, and the applicability of international law to these lands. The definition, mechanisms, temporal and spatial scope of the International Criminal Court were detailed in this study. The International Criminal Court (ICC), permanent judicial body established by the Rome Statute of the International Criminal Court (1998) to prosecute and adjudicate individuals accused of genocide, war crimes, and crimes against humanity, in 2002, there are 123 member states, including the State of Palestine. The Palestinians went to the International Criminal Court for years, to investigate the war crimes committed by Israeli occupation in the occupied territories. There are several ways to refer the case to the International Criminal Court, as Palestine lodged a declaration under article 12 (3) of the Rome Statue accepting the jurisdiction of the of the International Criminal Court over crimes committed by Israel in the occupied territories. On May 22 2018, the State of Palestine referred the situation in Palestine for investigation.
Therefore, the Security Council can request the court to conduct an investigation into a specific case based on Chapter VII of the Charter of the United Nations, which enables the Prosecutor, on his own initiative, to initiate an investigation, in which case the jurisdiction of the court is limited to crimes committed by a state. Party or on the territory of a state party.
On January 2015, the prosecutor of the ICC opened the ongoing examination on its own initiative a preliminary examination on the Palestinian situation. Why the settlements in East Jerusalem was chosen as a case study: Considering that the case of Israeli settlements in the safest strategic context in the Palestinian-Israeli situation. The occupying forces cannot evade the responsibility of the jurisdiction of the International Criminal Court, under the justification that it didn’t ratify the Rome Statue accepting the jurisdiction of the of the International Criminal Court. Whether or not Israel accepts the jurisdiction of the court it is sufficient that the state on whose territory the crimes are recognized ratified the jurisdiction of the court; in order for the court to start examining the crimes under attack.