Newsgroup: it.politica.internazionale
Titolo: Palestine Could Accept the ICC’s Jurisdiction Retroactively

Forse la Palestina non ha, per ora, interesse ad accedere a questa 
opzione (dovrebbe render conto anche dei *propri* crimini). Però, pare, 
potrebbe farlo.
 
http://opiniojuris.org/2012/11/29/yes-palestine-could-accept-the-iccs-jurisdiction-retroactively/
 
 
Yes, Palestine Could Accept the ICC’s Jurisdiction Retroactively
by Kevin Jon Heller
 
In the wake of today’s long-overdue vote to upgrade Palestine to 
observer-state status, there seems to be persistent confusion concerning 
what would happen if Palestine ratified the Rome Statute. In particular, 
a number of commentators seem to think that it is unclear whether the 
ICC would have jurisdiction over crimes committed prior to Palestine’s 
ratification. (See Colum Lynch at FP, for example.) In fact, the Rome 
Statute leaves no doubt whatsoever that Palestine could (but would not 
be required to) accept the Court’s jurisdiction retroactive to 1 July 
2002, the date the Rome Statute entered into force. The relevant 
provisions are Articles 11(2) and 12(3) (emphasis added):
 
11(2): If a State becomes a Party to this Statute after its entry into 
force, the Court may exercise its jurisdiction only with respect to 
crimes committed after the entry into force of this Statute for that 
State, unless that State has made a declaration under article 12, 
paragraph 3.
12(3): If the acceptance of a State which is not a Party to this Statute 
is required under paragraph 2, that State may, by declaration lodged 
with the Registrar, accept the exercise of jurisdiction by the Court 
with respect to the crime in question. The accepting State shall 
cooperate with the Court without any delay or exception in accordance 
with Part 9.
 
Though not the picture of drafting clarity, the two provisions make 
clear (1) the default position is that the ICC will have jurisdiction 
only over crimes committed after a state ratifies the Rome Statute, but 
(2) the state in question may file a declaration with the Registrar 
accepting the Court’s jurisdiction retroactively.
It is worth noting that Palestine would not have to ratify the Rome 
Statute to refer the situation in Gaza to the ICC. It could also accept 
the Court’s jurisdiction on an ad hoc basis, pursuant to Article 12(3). 
And it could do so retroactively, as the Cote d’Ivoire precedent 
indicates. (Cote d’Ivoire, a non-member state, accepted the Court’s 
jurisdiction on 18 April 2003 retroactive to 19 September 2002.)
Finally, I’ll say it once again: Palestine should be careful what it 
wishes for. I think it is highly likely that, if the OTP investigated 
the situation in Gaza, Palestinians would end up in the dock long before 
Israelis. From a legal perspective, Fatou Bensouda would find it much 
easier to prosecute Hamas’s deliberate attacks on Israeli civilians than 
Israel’s disproportionate attacks, collective punishment of 
Palestinians, and transfer of its civilians into occupied territory. The 
latter crimes are fraught with ambiguity and difficult to prove. I know 
I wouldn’t start with them, were I the Prosecutor.
-- 
Namib
.....
- God will take care of you. Whatever you need, God will give it to you.
- I need a shave. Am I next?
(Tom Kromer)

 opzione (dovrebbe render conto anche dei *propri* crimini).
 
e chissa' che non si scopra qualcosa sull'attentato di Roma.