Role of the Security Council in how to Suspend the adjudication of the International Crimes Committed on the Palestinian Territories

Abstract

    On the third of March 2021, Fatou Bensouda, the Prosecutor of the International Criminal Court, announced the imitation of an investigation regarding international crimes committed on the Palestinian Territories since June 13, 2014. This came following the announcement of the First Pre-Trial Chamber of the International Criminal Court on 5 February 2021 that the latter has territorial jurisdiction to consider the international crimes committed on the Palestinian territories, especially Gaza and the West Bank, including East Jerusalem.

     One of the legal obstacles that mainly disturb the Palestinian government, as well as human rights organizations and many Arab states that support the Palestinian case is the possible use of Article 16 of the Rome Statute by the UN Security Council of the United Nations in order to defer the investigation or prosecution that the ICC may carry out in the context of international crimes committed on the Palestinian territories. This paper explains Article 16 of the Rome Statute in order to identify the elements that must be taken into account by the Security Council upon promulgation of such a resolution. It also clarifies the legal effect of this resolution and whether it is binding to the ICC or not, particularly if it is issued with an abuse of power.