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35 Rutgers L. Rec. 1 (2009)

handle is hein.journals/rutglr35 and id is 1 raw text is: 













  RUTGERS LAW RECORD
The Internet ournal of Rutgers School ofLaw I Newark
             www.lawrecord.com


    Volume 35            Legal Implications of Operation Cast Lead         Spring  2009

THE   PALESTINE DECLARATION TO THE INTERNATIONAL CRIMINAL COURT:
                                THE   STATEHOOD ISSUE

                                       John  Quigley*

       In the wake of Israel's military incursion into Gaza from December 2008 to January 2009,
the Palestinian National Authority filed in the International Criminal Court (ICC) a declaration
accepting the jurisdiction of the ICC in the territory of Palestine. The Declaration, submitted on the
letterhead of the Palestinian National Authority, Ministry of Justice, Office of Minister, reads:

       Declaration recognizing the Jurisdiction of the International Criminal Court
              In conformity with Article 12, paragraph 3 of the Statute of the International
       Criminal Court, the Government  of Palestine hereby recognizes the jurisdiction of
       the Court for the purpose of identifying, prosecuting and judging the authors and
       accomplices of acts committed on the territory of Palestine since 1 July 2002.
              As  a consequence, the Government   of Palestine will cooperate with the
       Court without delay or exception, in conformity with Chapter IX of the Statute.
              This declaration, made for an indeterminate duration, will enter into force
       upon its signature.
              Material supplementary to and supporting this declaration will be provided
       shortly in a separate communication.

       Signed in The Hague, the Netherlands, 21 January 2009.
       For the Government  of Palestine
       Minister of Justice s/Ali Khashan'

       The declaration references the ICC Statute, which gives the ICC jurisdiction over aggression,


 President's Club Professor in Law, Moritz College of Law, The Ohio State University.
 1 Declaration recognizing the Jurisdiction of the International Criminal Court, available at www.icc-
cpi.int/NR/rdonlyres/74EEE201-OFED-4481-95D4-C8071087102C/279777/20090122PalestinianDeclaration2.pdf.

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