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Palestine and the International Criminal Court (Hardcover, 1st ed. 2019)
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Palestine and the International Criminal Court (Hardcover, 1st ed. 2019)
Series: International Criminal Justice Series, 21
Expected to ship within 10 - 15 working days
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This book deals with the possible investigation and prosecution by
the International Criminal Court (ICC) of crimes allegedly
committed in the Israeli-Palestinian conflict. In light of the Rome
Statute and the Practice of the Office of the Prosecutor of the
Court, among others, it examines the route, possible outcomes, and
challenges that may arise were the Palestine situation to be
brought before the ICC. The subject matter is approached using the
route the Prosecutor of the Court would generally employ to deal
with situations. The publication offers a step-by-step procedure by
which to conduct the preliminary examination and investigation of
the situation in Palestine and deals with matters of jurisdiction,
followed by a discussion of the fundamental concepts of
complementarity and gravity to determine the admissibility before
the ICC. Alleged crimes particularly unique to the
Israeli-Palestinian conflict, such as the construction of
settlements, forced displacement, house demolitions, the
expropriation of land, the crime of apartheid and the blockade of
Gaza, are dealt with in light of the Rome Statute and international
law. On the basis of the established theories of transitional
justice, the possible impacts of an ICC investigation and
prosecution on the conflict are analysed and a number of insights
are shared with regard to the impacts of the ICC on combatting
impunity, fostering Palestine's statehood, peace negotiations and
the stability of the region. Due to the politicisation of the
conflict and the various interests at stake, the impact of the
ICC's involvement on the credibility of the ICC itself is also
reviewed. Recognizing the numerous impacts of the conflict on the
existence of the two nations and the multitude of causes for its
perpetuity, it does not limit itself to the ICC, but also provides
other conflict resolution alternatives that could enable
reconciliation and sustainable peace in the region. This book
provides an array of opinions and a crucial input for researchers
and practitioners alike, while it is also useful to those
investigating and possibly involved in prosecutions regarding
Palestine or other similar situations before the ICC. Seada Hussein
Adem obtained a PhD from Humboldt University of Berlin, Germany, an
LLM from the University of the Western Cape, South Africa, and an
LLB from Haramaya University, Ethiopia.
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