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The Investigative Scope of Article 8(2)(b)(viii) of the Rome Statute before the ICC within the Palestine Situation

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This article aims to analyse the pitfalls and prospects of the preliminary examinations Prosecutor’s Office of the International Criminal Court (OTP) into the situation in Palestine. The OTP opened the preliminary examination into the situation in Palestine on 16 January 2015 covering the timeframe as of 13 June 2014, the start of Israel’s military operation – ‘Protective Edge’ – into Gaza. The request of Palestine to investigate aims also at alleged crimes committed on ‘occupied territories’ by Israel. One of the most pertinent questions will be the basis upon which the OTP is to determine this qualification of occupied territories. The authors introduce legal rights to the territories, through a teleological interpretation of Art. 21(1)(b).Rome Statute, within the prosecutorial test of Art. 53(1) Rome Statute, i.e. the existence of ‘a reasonable basis to proceed’ to initiate an investigation.

Affiliations: 1: Professor of Politics of International Law, University of Amsterdam, Amsterdam, The Netherlands; Visiting Professor of International Criminal Law, Shandong University, Jinan, China; lawyer, international criminal law, Knoops’ International Lawyers, Amsterdam, The Netherlands ; 2: Legal assistant and researcher, Knoops’ International Lawyers, Amsterdam, The Netherlands


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