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Disputed Territories and International Criminal Law - Israeli Settlements and the International Criminal Court (Paperback)
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Disputed Territories and International Criminal Law - Israeli Settlements and the International Criminal Court (Paperback)
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It has been over 50 years since the beginning of the Israeli
occupation of the Palestinian Territories. It is estimated that
there are over 600,000 Israeli settlers living in the West Bank and
East Jerusalem, and they are supported, protected, and maintained
by the Israeli state. This book discusses whether international
criminal law could apply to those responsible for allowing and
promoting this growth, and examines what this application would
reveal about the operation of international criminal law. It
provides a comprehensive analysis of how the Rome Statute of the
International Criminal Court could apply to the settlements in the
West Bank through a close examination of the potential operation of
two relevant Statute crimes: first, the war crime of transfer of
population; and second, the war crime of unlawful appropriation of
property. It also addresses the threshold question of whether the
law of occupation applies to the West Bank, and how the principles
of individual criminal responsibility might operate in this
context. It explores the relevance and coherence of the legal
arguments relied on by Israel in defence of the legality of the
settlements and considers how these arguments might apply in the
context of the Rome Statute. The work also has wider aims, raising
questions about the Rome Statute's capacity to meet its aim of
establishing a coherent and legally effective system of
international criminal justice.
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