Palestine as a Non-Member Observer State at the United Nations
of jurisdiction by the Court with respect to the crime in question. The accepting State
shall cooperate with the Court without any delay or exception in accordance with Part
9.
According to Article (13),the Court exercises its jurisdiction with respect to certain crimes
referred to in Article 5 in accordance with the following provisions:
(a) A situation in which one or more of such crimes appears to have been committed is
referred to the Prosecutor by a State Party in accordance with article 14;
(b) 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
Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance
with article 15.
Article14- Referral of a situation by a State Party
1. A State Party may refer to the Prosecutor a situation in which one or more crimes within
the jurisdiction of the Court appear to have been committed requesting the Prosecutor
to investigate the situation for the purpose of determining whether one or more specific
persons should be charged with the commission of such crimes.
2. As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the State referring the
situation.
Accordingly, the State of Palestine shall bear legal responsibilities in the event of acceding to the ICC. This includes being responsible for all acts based from its territories,
especially military operations and armed resistance against Israel. This requires the State
of Palestine to thoroughly consider its steps before applying to sign on to the ICC, taking
into consideration that international criminal law treats all parties equally.
Dr. Muhammad Riyadh, an expert in international law at James E. Rogers College of
Law, Arizona University, points out:
“Israel is neither party to the Rome Statute, nor a member of the ICC, preventing it from
exercising its jurisdiction with respect to any lawsuit lodged against Israel. Thus, the
Palestinian attempt to accede to the ICC may have adisastrous impact on the Palestinians
themselves because if they succeed in that, it would be possible for the court to try the
Palestinian resistance forces for their military operations against the Israeli civilian population. We shouldn’t forget that the Goldstone Report condemned both Hamas and Israel
for perpetrating war crimes in (2008-2009), and so it would be possible for the court to
issue arrest warrants against the leaders of the organizations sued”62.
Some other experts of international law have a different view, believing, as mentioned
earlier, that Israel has attempted to argue against responsibility by claiming that the occupied Palestinian territories are not subject to the Geneva Conventions, and so Article
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