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October 22, 2022

Statehood on a global scale?

How do we determine statehood on a global scale?

On November 29, 2012, the United Nations General Assembly recognized Palestine as a non-member state. As of July 31, 2019, 138 of the 193 United Nations (UN) member states and two non-member states have recognized it. In 2020, the ICJ and ICC argued that Palestine was a state for jurisdictional and legal purposes. However, the US and others in the world still do not recognize the country as a state. Please read the following Amicus Curiae Observations by the International Commission of Jurists, filed on March 16, 2020: https://www.icc-cpi.int/CourtRecords/CR2020_01108.PDF

Please also read the following two articles:

Palestine: ICJ makes submission to International Criminal Court arguing for jurisdiction over serious crimes

Palestine/Israel: ICC decision an important step towards accountability for crimes under international law

After reviewing the brief and above two articles, please discuss whether Palestine is a state, belligerency, or an insurgent group. Why? What is the Montevideo Convention? What is the legal effect of recognition? Does a court’s view, such as the ICJ or ICC, make a difference or hold any weight in the UN’s decision making when determining statehood? Make sure you explain the legal criteria for statehood and why Palestine does or does not meet those criteria. What rights and duties does Palestine have under international law as a result of their legal status?

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