Sunday, March 3, 2013

Riyad Al-Maliki errs on Palestine and the ICC

Palestinian FM: “Palestine must sign Rome Statute before going to ICC.”

A quick reading of Article 12(3) of the Rome Statute of the International Criminal Court would have spared Riyad Al-Maliki stating wrong information, and avoid therefore the embarrassment.

For Palestine to turn to the ICC, it doesn’t necessarily need to be a State Party to the Rome Statute. It can simply lodge a declaration with the Registrar of the Court, accepting the latter’s jurisdiction on an ad hoc basis, in accordance with Article 12(3) of the Statute.

Therefore, Palestine has two options, and not only one: it either ratifies the Statute - and therefore becomes a State Party thereto - or accepts the jurisdiction of the Court.

Based on the foregoing, Al-Maliki’s statement is incorrect. 

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