Insight Turkey, vol.3, no.23, pp.69-92, 2021 (ESCI)
Following the request of Palestine as a Party State to the Status
of the International Criminal Court, the Prosecutor decided to start a
preliminary investigation into the situation of Palestine. The preliminary
investigation resulted in a request from the Prosecutor to the Pre-Trial
Chamber I for clarification of the Court’s jurisdiction in relation to the
occupied territories of Palestine. Many significant issues concerning the
status of Palestine as a State and its legal borders were raised during the
preliminary investigation, both by the Prosecutor and during the examination
of the Chamber. Although both the Prosecutor and the Chamber have
approved that the Court has jurisdiction over the Palestinian territories,
including those occupied by Israel, the prospect for the success of the trials
by the Court depends on the cooperation of the international community
as a whole and the State parties to the ICC Status.