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Note on the Legal Effects of Palestine’s Declaration Under Article 12(3) of the ICC Statute

  • Vera Gowlland-Debbas
Chapter

Abstract

The following remarks were submitted at the OTP-NGO Roundtable discussions of 20 October 2010 on whether the declaration lodged by the Palestinian National Authority on 21 January 2009 under Article 12(3) of the Court’s Statute meets statutory requirements. My remarks follow from the Opinion which I signed entitled Les effets de la reconnaissance par la Palestine de la compétence de la C.P.I. submitted by Professor Alain Pellet at the request of Maître William Bourdon and which was endorsed by 40 well-known international lawyers. I also draw on a follow-up note which I addressed to the Prosecutor last May.

Keywords

Security Council Gaza Strip Geneva Convention Advisory Opinion Security Council Resolution 
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References

  1. Gowlland-Debbas V (1990) Collective Responses to the Unilateral Declarations of Independence of Southern Rhodesia and Palestine: An Application of the Legitimizing Function of the United Nations, 61 BYIL:135–153Google Scholar
  2. McHugo J (2002) Resolution 242: A Legal Reappraisal of the Right-Wing Israeli Interpretation of the withdrawal Phrase with Reference to the Conflict Between Israel and the Palestinians. ICLQ 51:851–882Google Scholar
  3. Qafisheh M (2008) The International Law Foundations of Palestinian Nationality. Martinus Nijhoff, The Hague, Boston, LondonGoogle Scholar

Copyright information

© T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors 2011

Authors and Affiliations

  • Vera Gowlland-Debbas
    • 1
  1. 1.Public International LawGraduate Institute of International and Development Studies (IHEID)GenevaSwitzerland

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