Окремі питання юрисдикційної діяльності Міжнародного кримінального суду щодо ізраїльсько-палестинського конфлікту

Abstract

The article is devoted to the study of the legal and institutional framework of the International Criminal Court’s activities to resolve the armed conflict in Gaza and the West Bank, including East Jerusalem. The purpose of the article is to study the jurisdiction of the International Criminal Court, which occupies a special place in the international criminal justice system in terms of the specifics of its creation and activities to resolve the Israel-Palestine Conflict in Gaza and the West Bank, including East Jerusalem. The scientific novelty of the research results lies in the fact that a comprehensive study of jurisdictional bases of the International Criminal Court’s activities in the issues of the Israel-Palestine Conflict in Gaza and the West Bank, including East Jerusalem settlement is being carried out for the first time in Ukraine. Conclusions. As an essential part of the international criminal justice system, the International Criminal Court has appropriate jurisdictional powers to investigate international crimes in the Israel-Palestine Conflict in Gaza and the West Bank, including East Jerusalem. In particular, the Court’s territorial jurisdiction in the Situation in Palestine, a State party to the International Criminal Court Rome Statute, extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem. The Pre-Trial Chamber of the International Criminal Court held that, in accordance with the ordinary meaning given to its terms in their context and in the light of the object and purpose of the Rome Statute, the reference to the State on the territory of which the conduct in question occurred in article 12(2)(а) of the Statute must be interpreted as a reference to a State Party to the Rome Statute. Palestine is therefore a State Party to the Rome Statute, and, as a result, a State for the purpose of article 12(2)(а) of the State. Palestine has thus agreed to subject itself to the terms of the International Criminal Court Rome Statute and has the right to be treated as any other State Party for the matters related to the implementation of the Statute.