The question of Palestine's admissibility to ICC proceedings was subject to a sophisticated legal review years ago, in relation to a former case.
The gist of the argument can be gleaned from its sub-headings:
Palestine is a State for the purposes of the Statute under relevant
principles and rules of international law...... 25
C.1. The Montevideo criteria have been less restrictively applied in certain cases........ 25
C.2. It is appropriate to apply the Montevideo criteria less restrictively to Palestine, for
the purposes of the Rome Statute ..... 29
C.2.a. The Palestinian people have a right to self-determination and it has been
recognised that this implies a right to an independent and sovereign State of Palestine... 30
C.2.b. The exercise of the Palestinian people’s right to self-determination is being
obstructed by practices contrary to international law................... 32
C.2.c. Palestine has been recognised by a significant number of States.............. 34
C.2.d. No other State has sovereignty over the Occupied Palestinian Territory............ 35
C.2.e. Palestine’s status as a State Party must be given effect........ 36
C.2.f. The Prosecution’s alternative position is consistent with international law ........ 39
C.2.g. Participants’ arguments regarding a possible referral by the Security Council are
unclear.......... 40
D. The Oslo Accords do not Bar the Exercise of the Court’s Jurisdiction........ 40
D.1. The Oslo Accords regulated a gradual transfer of power to the Palestinian
Authority over most of the West Bank (excluding East Jerusalem) and Gaza.............. 40
Coincidentally, Josep Borrell, the foreign policy chief of the EU, announced earlier in the month that several of the bloc's member states intend to recognise Palestinian statehood on the 21st of May - today.
The gist of the argument can be gleaned from its sub-headings:
Palestine is a State for the purposes of the Statute under relevant principles and rules of international law...... 25
C.1. The Montevideo criteria have been less restrictively applied in certain cases........ 25
C.2. It is appropriate to apply the Montevideo criteria less restrictively to Palestine, for the purposes of the Rome Statute ..... 29
C.2.a. The Palestinian people have a right to self-determination and it has been recognised that this implies a right to an independent and sovereign State of Palestine... 30
C.2.b. The exercise of the Palestinian people’s right to self-determination is being obstructed by practices contrary to international law................... 32
C.2.c. Palestine has been recognised by a significant number of States.............. 34
C.2.d. No other State has sovereignty over the Occupied Palestinian Territory............ 35
C.2.e. Palestine’s status as a State Party must be given effect........ 36
C.2.f. The Prosecution’s alternative position is consistent with international law ........ 39
C.2.g. Participants’ arguments regarding a possible referral by the Security Council are unclear.......... 40
D. The Oslo Accords do not Bar the Exercise of the Court’s Jurisdiction........ 40
D.1. The Oslo Accords regulated a gradual transfer of power to the Palestinian Authority over most of the West Bank (excluding East Jerusalem) and Gaza.............. 40
Source: https://web.archive.org/web/20230609070357/http://www.icc-cp...
Coincidentally, Josep Borrell, the foreign policy chief of the EU, announced earlier in the month that several of the bloc's member states intend to recognise Palestinian statehood on the 21st of May - today.
See: https://www.reuters.com/world/middle-east/spain-ireland-reco....