The role of the International Criminal Court in criminalizing Israeli attacks on the Palestinian people
DOI:
https://doi.org/10.70516/zaccsssh.v1i1.37Keywords:
International Criminal Court, Diplomatic Conference, criminal justiceAbstract
The International Criminal Court, which is governed by the Rome Statute, is the first permanent court established on the basis of a treaty established to hold accountable the perpetrators of the most serious crimes at the global level, such as war crimes, crimes against humanity, and genocide. On July 17, 1998, the work of the Diplomatic Conference on the Establishment of an International Criminal Court concluded with the approval of the adoption of the Statute of the Court. The International Criminal Court is a permanent and independent institution and is not considered one of the sections of the United Nations. The Statute clarifies that the main task of prosecuting and punishing the perpetrators of crimes lies with States parties, and the Court complements those efforts. The Court is considered the focal point for the application of the international criminal justice system, to include national courts, international courts and courts that include national and international elements. The increase in the intensity of international conflicts and wars in many parts of the world has had an impact on the increase in the commission of war crimes against civilians and the high rates of human rights violations, in the absence of an appropriate mechanism adopted by the international community to reduce these violations and punish and prosecute those who are behind them, whether they are individuals, states, organizations or governments.
References
Amina Hamdan, Protection of Civilians in the Occupied Palestinian Territories, Master Thesis, An-Najah National University,2009.
Baraa Al-Qudsi, The International Criminal Court, Its Nature, Jurisdiction, and the Position of the United States of America and Israel, Damascus University Journal of Economic and Legal Sciences, Volume 20, Second Issue, 2004.
Baraa Munther Kamal Abdul Latif, Terrorism and the International Criminal Court, Kuwait University, without a year of publication.
Dawoud Darawi, Report on War Crimes and Crimes against Humanity: Israel's International Responsibility for Crimes during the Al-Aqsa Intifada, Palestinian Independent Commission for Human Rights, Ramallah,2001, Legal Reports Series (24).
Haitham Al-Kilani, Terrorism Establishes a State - Israel Model, 1st Edition, Dar Al-Shorouk, Cairo 1997.
Wael Ahmed Allan, Center for the Individual in the Legal System of International Responsibility, Dar Al-Nahda Al-Arabiya, Cairo 2001
Hussam Ali Sheikha, War Crimes in Palestine and Bosnia and Herzegovina, Center for Political and Strategic Studies in Al-Ahram, Cairo 2002
Hassan, Essam El-Din Mohamed, Diary of the Al-Aqsa Intifada, Cairo Institute for Human Rights Studies,2000.
Muhammad Subhi Najm, Summary in the Jordanian Code of Criminal Procedure, Dar Al-Thaqafa, Amman, 1st Edition, 1991
Mahmoud Najib Hosni, Lessons in International Criminal Law, Dar Al-Nahda Al-Arabiya, Egypt 1983 .
Mahmoud Sharif Bassiouni, International Criminal Court -its establishment and statute with a study of the history of international commissions of inquiry and former international criminal courts, Egyptian Judges Club, Cairo 2001.
Sameh Jaber Al-Beltaji, Protection of Civilians in Times of Armed Conflict (Crime - Protection Mechanisms)Alexandria, Dar Al-Fikr Al-Jami, 1st Edition, 2007.
Abdul Wahid Far, Prisoners of War, a doctoral letter, published by the World of Books, Cairo 1975.
Abdulhamid Al-Zanati, State Criminal Justice and the Permanent International Criminal Court - Libya-2013
Abdel Fattah Bayoumi Hijazi, International Criminal Court, Alexandria, Dar Al-Fikr Al-Jami,2004.
Abdulrahman Abu Al-Nasr, Fourth Geneva Convention and its applicability in the occupied territories, Gaza, 1st Edition, 2000
Valentina Azarov, Establishing Legal Legitimacy: "The Roles of International Courts in Achieving the Independence of the State of Palestine ", Institute of Law, Birzeit University, "The Search for the Palestinian State: Legal, Political and Economic Implications, Ramallah, Palestine 2011.
Fida Najeeb Hamad, The International Criminal Court Towards International Justice, Halabi Publications, Beirut, 2006.
Rashad Tawam, Grievance and Defamation Diplomacy, International Judiciary in Peaceful Resistance: Towards a Palestinian Model, Politics, No. 20, 2012.
OSCE Document on Small Arms and Light Weapons (2000);
Statute of the International Criminal Court (Rome Statute).
Baraa Al-Qudsi, The International Criminal Court, Its Nature, Jurisdiction, and the Position of the United States of America and Israel, Damascus University Journal of Economic and Legal Sciences, Volume 20, Second Issue, 2004.
Hermann von Hippel, The Definition of War Crimes in the Rome Statute - The International Criminal Court - The Challenge of Immunity -Journal of Security and Law, 2002.
Mohamed Youssef Alwan, Crimes against Humanity - The International Criminal Court -The Challenge of Immunity, Journal of Security and Law, First Issue, January 2002.
Abdullah Abu Obaid Israel and the Fourth Geneva Convention, Samid Economic Magazine, No. 78, 1992.
Shafiq Al-Masri. An article published in the Voice of the Voiceless magazine. n = 29
A report issued by MIFTAH, entitled Palestinian losses during the Al-Aqsa Intifada, on 24/5/2001
Statement of the Secretary-General of the United Nations, published on the front page of Al-Quds Al-Quds newspaper on 20/12/2012.
Hala Basharat Khoury, International Law as a Struggle Tool in the Hands of Palestinians in Israel, Jadal Electronic Magazine, Issue 3, 10/5/2012, published on the Mada Al-Karmel website.
Yasser Ghazi Alawneh, Legal Entitlements of Palestine to Observer State at the United Nations, Independent Commission for Human Rights, Palestine Legal Reports Series/79
Nasser Al-Rayes, an article entitled Criminal Accountability for Israelis.
The International Criminal Court: The Challenge of Immunity, ICRC Publications, 1st Edition, Damascus 2001.
http://www.amnesty.org/ar/international-justice/issues/international-criminal-court-
http://www.amnesty.org/ar/library/asset/IOR40/001/2004-
www.aladel.gov.ly/main/modul/sections/item.php
www.startimes.com
http//www.palesteners.org.
www.un.org.
http//www.alquds.com/pdfs/pdf
www.mada-research.org
http://www.badil.org/en/haq-alawda/item/1559-art-1 United Nations: historical survey of the question international criminal jurisdiction'(U.N.DOC.NO.A/CN1-94)
www.pic.gov.ps/en/study-details.aspx?id g src = '//me.effectivemeasure.net/em_img "alt
Abu Al-Khair Ahmed Attia, Permanent International Criminal Court, Cairo, Dar Al-Nahda Al-Arabiya 1999, pp. 102-103
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