The acceptance of the International Criminal Court Jurisdiction and the ratification of its Statute by the State of Palestine: A complex process with important legal consecuences

Abstract

The acceptance of the International Criminal Court (ICC) by the State of Palestine on the 31st December 2014 and the ratification, two days later, of the Rome Statute, are a new and crucial step forward in the relationship between Palestine and the ICC; relationship which, at least, goes back up to January 2009, when the Palestinian National Authority tried to recognize for the first time the Court’s jurisdiction, with no legal effects. This article tries to explain from a legal point of view, on the one hand, the complex process that has lead to the legal validity of the recognition of jurisdiction made in December 2014 and to be part of the Rome Statute; and, on the other hand, the legal consequences that stem from it, mainly the openness of a Preliminary Examination by the Prosecutor the 16th January 2015.