Abstract:
On 29 November 2012, Palestine was recognised as an observer state, in accordance with UN resolution 67/19. Although it is still occupied, or at least a significant part of it, its sovereignty is incomplete, its land is permissive, part of its people are dispersed and its political power is divided. But resolution 67/19 opened the door for it to become a member of the ICC, so that on 1 April 2015 it became the Court's 123-member state, and today its prosecutor is investigating war crimes allegedly committed in the occupied Palestinian territories since June 2014.
This study seeks to explore the implications of the new Palestinian status from the standpoint of public international law. And analysis of the overall legal implications resulting from UN observer statehood on the one hand, and ICC membership on the other, concluding the overall gains and losses of both steps.