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Part II The Relationship to Domestic Jurisdictions, 8 Ad Hoc Declarations of Acceptance of Jurisdiction: The Palestinian Situation under Scrutiny

Mohamed M. El Zeidy

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 March 2023

Jurisdiction — Jurisdiction of states, territoriality principle

Article 12(3) of the ICC Statute enables a non-State Party to the Statute which has a direct link to the crimes to consent to the Court’s exercise of jurisdiction on an ad hoc basis and subject to the conditions provided for in Article 12(2). This chapter examines the background and implications of the different ad hoc declarations of acceptance lodged by Palestine as of 2009. It discusses issues related to authority, scope, retroactivity, and withdrawal of declarations, and options of review by the Pre-Trial Chamber. It analyses the approach of the OTP to the declaration made on 22 January 2009, and issues related to the subsequent declarations. It argues that the experience of Palestine before the Court provides an incentive to rethink of more productive ways to respond to potential future declarations lodged by entities with controversial status under international law.

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