Researcher Yaël Ronen published an article in the Journal of International Criminal Justice entitled “Palestine in the ICC: Statehood and the Right to Self-determination in the Absence of Effective Control.”
The article examines two propositions relating to the role of the right to self-determination concerning statehood, as put forward by the Office of the Prosecutor of the International Criminal Court (ICC) in its request according to Article 19(3) of the ICC Statute, for a ruling on the Court’s territorial jurisdiction in Palestine.
One proposition is that the right to self-determination can compensate for a shortfall in effective control that might otherwise bar recognition of the territory as a state. The other proposition is that when effective control is lacking because of illegal obstruction of the realization of the right to self-determination, recognition of statehood may be an appropriate response regardless of the facts.
Furthermore, it argues that these propositions are neither substantiated in existing law nor can they be said to be matters of the progressive development of the law.
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