Why Statehood Now: A Reflection on the ICC’s Impact on Palestine’s Engagement with International Law

Research output: Chapter in Book/Report/Conference proceedingChapter

1 Citation (Scopus)

Abstract

This essay seeks to reflect on the sudden emergence in the international law discourse of a sustained debate on the question of statehood since, after all, the question of Palestinian statehood has been an issue of concern even before 1947. Since the beginning of the second intifada in 2000, the emphasis in legal analysis of the conflict has moved from one primarily focused on individual violations of international human rights and humanitarian law to consideration of broader questions of public international law. This paper aims to reflect, generally, on this development, by touching upon why a legal analysis fitted into a framework largely restricted to human rights and humanitarian law in the Palestinian territory occupied since 1967, is being expanded temporally and normatively to engage with the overarching politico-legal questions around statehood, colonialism, and self-determination that have for the most part remained in the background of legal analysis since Palestine’s first encounters with the international legal framework under the aegis of the League of Nations.
LanguageEnglish
Title of host publicationIs There a Court for Gaza?
Subtitle of host publicationA Test Bench for International Justice
EditorsChantal Meloni, Gianni Tognoni
PublisherT.M.C. Asser Press
Chapter7
Pages391-408
Number of pages18
ISBN (Electronic)9789067048200
ISBN (Print)9789067048194
DOIs
Publication statusPublished - 2012
Externally publishedYes

Fingerprint

statehood
Palestine
international law
human rights
Palestinian territories
League of Nations
Intifada
public law
Law
self-determination
colonial age
discourse

Cite this

Kearney, M. (2012). Why Statehood Now: A Reflection on the ICC’s Impact on Palestine’s Engagement with International Law. In C. Meloni, & G. Tognoni (Eds.), Is There a Court for Gaza?: A Test Bench for International Justice (pp. 391-408). T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-820-0
Kearney, Michael. / Why Statehood Now : A Reflection on the ICC’s Impact on Palestine’s Engagement with International Law. Is There a Court for Gaza?: A Test Bench for International Justice . editor / Chantal Meloni ; Gianni Tognoni. T.M.C. Asser Press, 2012. pp. 391-408
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Kearney, M 2012, Why Statehood Now: A Reflection on the ICC’s Impact on Palestine’s Engagement with International Law. in C Meloni & G Tognoni (eds), Is There a Court for Gaza?: A Test Bench for International Justice . T.M.C. Asser Press, pp. 391-408. https://doi.org/10.1007/978-90-6704-820-0

Why Statehood Now : A Reflection on the ICC’s Impact on Palestine’s Engagement with International Law. / Kearney, Michael.

Is There a Court for Gaza?: A Test Bench for International Justice . ed. / Chantal Meloni; Gianni Tognoni. T.M.C. Asser Press, 2012. p. 391-408.

Research output: Chapter in Book/Report/Conference proceedingChapter

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Kearney M. Why Statehood Now: A Reflection on the ICC’s Impact on Palestine’s Engagement with International Law. In Meloni C, Tognoni G, editors, Is There a Court for Gaza?: A Test Bench for International Justice . T.M.C. Asser Press. 2012. p. 391-408 https://doi.org/10.1007/978-90-6704-820-0