Palestine as a Non-Member Observer State at the United Nations ments in the West Bank if the Palestinians were determined to apply for statehood recognition in the UN66. The Hebrew newspaper Maariv revealed that an “upgrade in Palestine status at the United Nations without any concessions gives the Palestinians the right to join international organizations.” There was also speculation concerning the Palestinian President’s pursuit of Israel in the ICC, and how Israel might react. It commented that the Palestinians may find themselves in a situation where they have no other option, and if they take such a step, Israel will suffer legal consequences. Furthermore, the Palestinians, the newspaper added, will obtain a state without negotiations with Israel, which would be a painful blow to Israel67. It is clear that the Palestinian bid to join the ICC faces some obstacles, exemplified, for instance, in the definition of “state” as the UN identifies the authorities entitled to define it (the Secretary-General, General Assembly, Assembly of the States parties to the Rome Statute).There are also the problems of criminal jurisdiction and the fact that Israel is not party to the Rome Statutes. In addition, Israel does not recognize the jurisdiction of the Court; knowingly that responsibility is personal according to the Rome Statute and International Criminal Law. Another obstacle it faces is the non-retroactivity ratione personae of Article (24) of the Statute, which states: “No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute; In the event of a change in the law applicable to a given case prior to a final judgment, the law more favourable to the person being investigated, prosecuted or convicted shall apply”. It is also important to emphasize the non-applicability of a statute of limitations, as Article (29) of the Statute provides that “the crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.” Regarding Palestine, its national legislation should be subject to amendment, and in particular criminal legislation, in order for them to include international criminal jurisdiction whereby the State of Palestine can pursue war criminals in the national courts according to the amended national legislation. Palestine’s accession to the international mechanisms for the protection of human rights within the UN system, and its ratification of international treaties shall enable it to revitalize international law as a reference and file complaints against the Israeli commanders and officials involved in perpetrating crimes. It can also file complaints against all the practices of the occupying power, including settlements and expulsions, as the legal status of Palestine is that of a State under occupation which subjects Israel as an occupying power to trial. Any additional legal entitlements and obligations of the newly found status of Palestine and its opportunity for filing complaints with the Security Council in the future will continue to be considered and followed up. 66 http://www.maannews.net/arb/ViewDetails.aspx?ID=542764 67 http://www.maannews.net/arb/ViewDetails.aspx?ID=542764 35