Researchers Robert Heinsch and Giulia Pinzauti published a new study in the Journal of International Criminal Justice (Oxford) entitled “To Be (a State) or Not to Be? The Relevance of the Law of Belligerent Occupation with regard to Palestine’s Statehood before the ICC.” The researchers noted that one of the traditional criteria for a state under the Montevideo Convention is for an entity to have an “effective government.” Accordingly, the study they prepared discussed the effect of the military occupation on Palestine’s ability to have an effective government, and thus the fulfillment of state standards. The article argued that an effective government requirement should not be interpreted strictly in situations of belligerent occupation, which calls for a flexible interpretation of the criterion for effective government. While the occupation weakens the occupying entity’s ability to exercise government functions, it does not affect the state’s existence. Consequently, this interpretation could confirm the court’s jurisdiction to investigate and prosecute alleged crimes committed on the territory of Palestine. To check the news, click here