Year:2022   Volume: 4   Issue: 4   Area: Law

  1. Home
  2. Article List
  3. ID: 315

Mohammad ZAKI ABUARRA

THE CRIMINAL RESPONSIBILITY OF PALESTINIAN LIBERATION MOVEMENTS IN FRONT OF INTERNATIONAL CRIMINAL COURT)HAMAS IN GAZA AS A CASE STUDY)

This research aims to study the criminal responsibilities of armed Palestinian resistance movements as Palestinian liberation movements, in front of International criminal tribunals, recommending Hamas in the Gaza Strip as a model and case study. In light of the decision of the Pre-Trial Chamber of the International Criminal Tribunals issued on February 5, 2021, the importance of the research is highlighted with its jurisdiction over the Gaza Strip and the West Bank, including Jerusalem considering Palestine as a state party of the Rome Statute. And its resolution that all legal standards required by the Rome Statute to open an investigation have been completed. War crimes have been committed or are being committed; Public Prosecutors Office concluded, in addition to the Israeli occupation army members' criminal responsibility, that they committed war crimes. However, there is also a reasonable ground to believe that Hamas and Palestinian armed groups have committed war crimes. This raised important questions addressed in this research, including the substantive, regional, temporal, and personal jurisdiction of the court in the Palestinian case and the extent to which the conditions for the legitimate defense of the elements of the legitimate Palestinian liberation movements are fulfilled under International Law and International Legitimacy resolutions. As a preventing reason for the individual criminal responsibility in the light of the occupation crime, siege, and repeated aggression considering as them continuous, complex, and grave international crimes against the Palestinian people in general and the residents of the Gaza Strip in particular.

Keywords: International Criminal Tribunals, The Palestinian Case, International Criminal Responsibility of The Palestinian Liberation Movements Members, International Criminal Responsibility of Hamas, Right of

http: //dx.doi.org/10.47832/2757-5403.15.26


60