MAY 24 — Palestine is a State.
Yes, you read it right!
Palestine, including Gaza, is a State for the purpose of the Rome Statute (the Statute) which establishes the International Criminal Court (ICC).
Palestine is a State by reason of the following.
On January 1, 2015, the Palestinian Government lodged a declaration under Article 12(3) of the Statute, thereby accepting the jurisdiction of the ICC over alleged crimes committed in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014.
On January 2, 2015, Palestine deposited its instrument of accession to the Statute with the Secretary-General of the United Nations pursuant to Article 125(2) of the Statute thereby causing the Statute to come into force for the State of Palestine on April 1, 2015.
On February 5, 2021, the ICC’s Pre-Trial Chamber ruled that Palestine is a State Party to the Statute. The unanimous ruling of the Pre-Trial Chamber is available here.
In its report dated May 20, the Panel of Experts in International Law, which was convened by the Prosecutor of the ICC, also considers Palestine a State in accordance with criteria set out in international law. https://www.malaymail.com/news/what-you-think/2024/05/22/respect-begets-respect-mr-biden-hafiz-hassan/135804
The panel considers there is a sufficiently strong argument for the purpose of an application to the ICC for an arrest warrant.
By reason that Palestine is a State for the purpose of the Statute, the panel is also of the view that there is an international armed conflict between Israel and Palestine on the basis that an international armed conflict has arisen when Israel (a State) uses force against Hamas (a non-state actor) on the territory of Palestine (another State) without the latter’s consent.
So here’s an added cry for Palestine:
From the river to the sea, Palestine is a State and will be free.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
