Disputed Territories and International Criminal Law: Israeli Settlements and the International Criminal Court, 1st Edition (Hardback) book cover

Disputed Territories and International Criminal Law

Israeli Settlements and the International Criminal Court, 1st Edition

By Simon McKenzie

Routledge

280 pages

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Hardback: 9780367147822
pub: 2019-12-13
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Description

It has been just over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected and maintained by the Israeli state. This book discusses whether international criminal law could apply to those individuals responsible for allowing for and promoting this growth. It also examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court (ICC) could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements, and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute’s capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.

Table of Contents

Introduction;

1. Law Applicable to the West Bank;

2. Crime of Transfer of Population;

3. Crime of Appropriation of Property;

4. Individual Criminal Responsibility;

Conclusion;

About the Author

Dr Simon McKenzie is a research fellow at the TC Beirne School of Law at the University of Queensland. He holds a PhD from the University of Melbourne in international criminal law. He has also worked as a policy officer for the Victorian Department of Justice and Community Safety, a researcher at the International Criminal Court and the Supreme Court of Victoria, and as a lawyer.

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW025000
LAW / Courts
LAW026000
LAW / Criminal Law / General
LAW051000
LAW / International
LAW052000
LAW / Jurisprudence
POL004000
POLITICAL SCIENCE / Political Freedom & Security / Civil Rights
POL048000
POLITICAL SCIENCE / Intergovernmental Organizations
POL059000
POLITICAL SCIENCE / World / Middle Eastern
POL061000
POLITICAL SCIENCE / Genocide & War Crimes