The Independent Commission for Human Rights the case is referred to the Chief Prosecutor by the Security Council57, according to Article (13) (b)”58. On December 20, 2012, Secretary-General of the United Nations, Ban KiMoon, stated “the new status of Palestine as observer state surely qualifies it to become a member of the United Nations’ agencies and whether it intends to accede to the (ICC) remains a Palestinian issue59”. The Security Council Credentials Committee’s report on Palestine’s bid for membership at the United Nations, dated 11\11\2011, pointed out that Palestine meets statehood standards. Paragraphs (9, 10, and 11) of the report are concerned with statehood standards, referring to Article 1 of the 1933 Montevideo Convention on Rights and Duties of States, determining that the State as a person of international law should have a permanent population, defined territory, government, and the ability to enter into relations with other states. With regard to the first and third conditions, the report states that these criteria are met60, and affirms that the absence of clearly defined borders does not constitute an obstacle to the creation of a state. Questions were asked about Palestine’s control over its territories, pointing to the fact that the Gaza Strip is under the authority of Hamas Movement. Also, the fact that Israel as the occupying power prohibits the Palestinian government from imposing its control over its territories was highlighted in the report. It was made clear that the occupation imposed by a foreign authority does not mandate it to transfer the sovereignty of the occupied territory to the occupation power61. So far as signature, ratification, acceptance, approval, or accession to the Statute of the ICC is concerned, Article (125) of Rome Statute keeps accession to this statute open by all states, and instruments of accession shall be deposited with the Secretary-General of the United Nations. The Rome Statute imposes preconditions for exercising jurisdiction according to Article (12) thereto: “1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5. 2. In the case of Article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3: (a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft; (b) The State of which the person accused of the crime is a national. 3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise 57 See Appendix (4). 58 A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the UN Charter. 59 See Al-Quds Al-Maqisia newspaper, 20\12\2012. 60 See Appendix (5), Report of UNSC Credentials Committee Relevant to Palestine›s Membership. 61 UNSC Credentials Committee, Resolution S/2011/705. 32