Is Palestine a “State”? A Response to Professor John Quigley’s Article, “The Palestine Declaration to the International Criminal Court: The Statehood Issue”

Abstract

On December 19, 2008, the six-month ceasefire mediated by Egypt between Israel and leaders of Hamas in the Gaza Strip expired. Shortly thereafter, Hamas and other Palestinian groups resumed indiscriminate rocket and mortar attacks from the Gaza Strip against Israeli settlements and territory. In response, Israel launched ‘Operation Cast Lead’, a military incursion into the Gaza Strip, which lasted approximately three weeks. In the wake of Cast Lead, the Palestine Authority (PA) lodged a declaration (Declaration) with the Registrar of the International Criminal Court (ICC) accepting ICC jurisdiction in the “territory of Palestine,” retroactive to July 1, 2002. The PA cited Article 12(3) of the ICC Statute as the legal basis for its Declaration. Article 12(3) reads as follows: “If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question….”