Abstract
Palestine’s ratification of the Rome Statute, and limited retroactive acceptance of the jurisdiction of the International Criminal Court (ICC, or the Court), constitutes one of the major legal developments of the Israeli-Palestinian conflict in the past decade. But such a milestone does not come without contentious legal and political challenges. Several procedural obstacles are likely to arise, especially relating to jurisdiction and admissibility, which will determine whether the ICC even gets to substantive questions of accountability. No matter which cases might ultimately be prosecuted, any ICC investigation – and perhaps even the preliminary examination – is thus likely to confront the antagonisms surrounding Palestinian statehood, bilateral agreements between Israel and the Palestinians, border disputes, and domestic criminal proceedings.
Published Version
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