Brawijaya Law Journal : Journal of Legal Studies
Vol. 11 No. 1 (2024): Economic Law

Jurisdiction of ICC Over Alleged War Crimes and Crimes Against Humanity Against Palestinians Under the Complementarity Principle

Abu Murad, Murad (Unknown)



Article Info

Publish Date
30 Apr 2024

Abstract

This study aims to reveal how the International Criminal Court (ICC) can exercise its jurisdiction over alleged crimes committed by Israelis under the complementarity regime. This paper discusses the ICC's jurisdiction on the alleged war crimes and crimes against humanity committed by the Israelis against the Palestinians under the complementarity principle which is provided in Article 17 of the Rome Statute. Also, to study the principles of international criminal responsibility for individuals, whether they are military superiors or subordinates, who commit acts that constitute a crime against humanity and a war crime under the Rome Statute. The significance of this study appears in shedding light on the jurisdiction of the ICC over Israeli perpetrators, even though Israel is not a party of the Rome Statute.  To answer these questions, a qualitative analysis will be applied as its research methodology where both primary and secondary sources will be thoroughly examined. This article concludes that the Israeli national courts did not conduct genuine investigations or prosecutions domestically under the complementarity principle. Thus, the ICC has the authority to exercise its jurisdiction as a court of a last resort over crimes against humanity and war crimes in Palestinian territories as a party to the Rome Statute.

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Journal Info

Abbrev

LAW

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

BRAWIJAYA LAW JOURNAL, Journal of Legal Studies Brawijaya Law Journal (BLJ) is a newly established journal in the field of legal studies. The Journal is published annually by Law Faculty Brawijaya University, Indonesia. BLJ is an open access, peer-reviewed e-journal which aims to offer an ...