Uluslararası Suçlar ve Tarih

Yazarlar: Dikran M ZENGİNKUZUCU

Konular:-

Anahtar Kelimeler:International Criminal Law,International Criminal Court,Rome Statute,Israel-Palestine Issue,Crimes Against Humanity

Özet: On 22 May 2018, the Government of the State of Palestinesubmitted a referral to International Criminal Court. This is the fourthreferral by Palestine concerning the crimes against humanity and warcrimes committed by the civilians and soldiers of Israel inationality.Israel governments, on the other hand, ignore these recourses on theground that Israel is not a party to the Rome Statute. InternationalCriminal Court possesses jurisdiction on genocide crimes, crimesagainst humanity, war crimes and aggression crimes. A casemay bereferred to the Court by a party State or United Nations Security Councilas well as by the Prosecutor in her own initiative. On the other hand, therole given to Security Council by the Rome Statute has been criticized forbeing politicizing a judicial authority. This article aims to investigateCourt’s jurisdiction ratione temporis, personae and materiae on thebasis of Palestine’s referral, and in this context to discuss whether therole of Security Council may emphasize international accountability ornot. In this respect, the development of international criminal law andthe jurisdiction of the International Criminal Court will be examined,where up on the referralby Palestine will be analyzed and the conclusionwill present opinions and conceptions on the legal and political basis ofthe submission and the role of the United Nations Security Council

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