H.R.C. Rs. 37/37, Ensuring Accountability and Justice for All Violations of International Law in the Occupied Palestinian Territory, including East Jerusalem (Mar. 23, 2018)

2020 ◽  
Vol 21 (1) ◽  
pp. 309-313
Keyword(s):  
International Law ◽  
Occupied Palestinian Territory ◽  
Palestinian Territory ◽  
East Jerusalem

The Borders of the Occupied Palestinian Territory are Determined by Customary Law

2020 ◽  
Author(s):  
Marco Pertile
Keyword(s):  
International Law ◽  
Criminal Court ◽  
Customary Law ◽  
International Consensus ◽  
Territorial Jurisdiction ◽  
Occupied Palestinian Territory ◽  
The Right ◽  
Palestinian Territory ◽  
East Jerusalem

Abstract In her request pursuant to Article 19(3) of the ICC Statute for a ruling on the territorial jurisdiction of the International Criminal Court (ICC) in Palestine, the Prosecutor of the ICC took the view that the Occupied Palestinian Territory corresponds to the West Bank, including East Jerusalem, and Gaza. The article discusses this finding from a twofold perspective. First, it investigates the actual existence of an international consensus on the borders of the Palestinian territory. Subsequently, it addresses the qualification of such consensus in the system of the sources of international law. Putting the elements analysed by the Prosecutor more clearly into relation with the statements expressed by states individually and within regional groupings, the author finds that her position is accurate. The article then shows that the existing consensus on the borders can be qualified as evidence of a procedural customary rule implementing the right to self-determination of the Palestinian people. In this regard, the ICC may thus exercise its jurisdiction.

scholarly journals The Future of International Law: A Human Rights Perspective – With Some Comments on the Leiden School of International Law

2007 ◽  
Vol 20 (4) ◽  
pp. 729-739 ◽  
Author(s):  
JOHN DUGARD
Keyword(s):  
Human Rights ◽  
International Law ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Occupied Palestinian Territory ◽  
Peaceful Settlement ◽  
International Court ◽  
The Subject ◽  
Jus Cogens ◽  
Palestinian Territory

In the past fifty years there have been changes in relation to the nature and sources of international law. Academic lawyers have welcomed these changes, which show a movement away from strict consent as the basis of international law. States and government law advisers have adopted a more conservative approach and emphasize the importance of consent as a basis for international law. Different approaches are apparent in the practice of the Human Rights Council. The Council has focused on the Occupied Palestinian Territory, much to the annoyance of Western states. The developing world sees the Occupied Palestinian Territory in much the same way as the United Nations saw apartheid in South Africa. The International Court of Justice has responded wisely to both these phenomena. It has given cautious approval to new notions of international law, encapsulated in the doctrines of obligations erga omnes and jus cogens. On the subject of Palestine the Court has given an Advisory Opinion which should form the basis for a peaceful settlement of the conflict in the Middle East. Unfortunately the international community has failed to give effect to this opinion.

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