The ICC and Israel: Jurisdiction Revisited (A/RES/67/19)
I take note of Situation in the State of Palestine: Appeals Chamber reverses the Pre-Trial Chamber’s decision on Israel’s challenge to the jurisdiction of the Court and remands the matter to the Pre-Trial Chamber | International Criminal Court. Of the 68 paragraphs in the judgment, I find myself preoccupied with paragraph 3:
On 29 November 2012, the UN General Assembly (hereinafter: "UNGA") issued Resolution 67/19, which, inter alia, reaffirmed “the right of the Palestinian people to self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967” and accorded Palestine “non-member observer State” status in the UN.
It seems to me that A/RES/67/19 may be a misapplication of law, on the grounds that it violates 1) Article 12 of the UN Charter, 2) the Oslo Accords, 3) uti possidetis juris, 4) the Montevideo Convention, 5) the Balfour Declaration, and 6) the San Remo Conference. This is amateur speculation on my part, however. Here is an alternative view, according to which Palestine has been a state since the Treaty of Lausanne in 1923: General Assembly Resolution 67/19 and Palestine as a State before the ICC.
If Palestine has indeed been a state since 1923 according to the Lausanne Treaty, why did Resolution 67/19 refer to its occupation since 1967, and not since 1923 or 1948?
I originally filed this under the topic of genocide because I think the attempted genocide of the Jew by the enemies of God's will remains the core historical and legal problem here, although I am certainly open to arguments to the contrary from legal scholars in the Church and in the Ummah.