Abstract
From ‘Operation Cast Lead’ to ‘Operation Protective Edge’, the situation in Palestine has been one of the most controversial situations to come before the International Criminal Court. In January 2015, ICC Prosecutor Fatou Bensouda agreed to engage in a preliminary examination of the situation in Palestine pursuant to a declaration by the State of Palestine granting the ICC jurisdiction in terms of article 12(3) of the Rome Statute. Considering the various requirements underlying the preliminary examination of a situation state, the author concludes that the ICC has jurisdiction over the situation in Palestine, that the situation is admissible before the ICC, that the situation is of sufficient gravity to warrant further attention by the ICC and that it will be in the interests of justice for the ICC to investigate the situation further. The author argues that the ICC Prosecutor should find that the preliminary examination of the situation in Palestine results in a proper investigation of the situation and the potential prosecution of members of both the Palestinian armed groups and Israeli Defence Force. The failure of the ICC Office of the Prosecutor to conduct further investigations of the situation in Palestine will have far-reaching implications and significant consequences for Palestinians, Israelis and the ICC alike.
LL.M. (International Law)