Climbing the ladder of recognition: Palestinian path to the ICC

Official URL: https://risc01.sabanciuniv.edu/record=b2486546_(Table of contents)

Building upon both recognition and commitment literature, this thesis analyzes why Palestine acceded to the Rome Statute, the treaty that established the International Criminal Court (ICC). Involving the ICC in the Israel and Palestine conflict could have legal and political repercussions. The burgeoning literature on the ICC have emphasized “sovereignty cost” of membership as the main puzzle because of the court’s authority to prosecute war crimes. The status of Palestine in the international community remains as a source of disagreement and brings a new dimension to this question. This thesis examines PA’s (Palestinian Authority) decision to join the ICC (International Criminal Court) at three level of analysis: international, interstate, and domestic. At the international level, the PA aims to enhance the international recognition of Palestine by getting diplomatic recognition via accession to several treaties and organizations, internationalizing the Israel-Palestine conflict, and increasing credibility by committing to the international law. At the interstate level of analysis, the PA joins the Court for the aim of prosecution of Israeli perpetrators by the ICC. Since Israel reportedly commits war crimes against Palestinians, the likelihood of being subject to the jurisdiction of the Court is probable and explains why Palestine may seek to involve the court. Alternatively, the deterrent effect of ICC may provide PA a motive to involve the court. Lastly, ICC’s possible jurisdiction over Hamas as the other main actor besides Fatah, ruling party of the PA, constitutes the explanation at the domestic level. Qualitative case study method is used in this thesis to investigate Palestine’s commitment to ICC at three levels with evidence from official reports and news