There is no such state as 'Palestine'. The PA is widely recognized and has acceded to the Rome Statute, but it has never held sovereignty in Gaza, making ICC's recognition of 'Palestine'--specifically including not only the West Bank but also Gaza and East Jerusalem--as a State Party under Article 12(2)(a) of the Rome Statute dubious at best.
But really, it's not dubious at all: It's utterly absurd.
ICC claims that since PA claims to represent 'Palestine', and UNGA Resolution 67/19 "Reaffirms the right of the Palestinian people to self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967", and that since they consider Gaza "Palestinian territory occupied since 1967" (despite the fact that Gaza has certainly not been occupied by Israel for decades and a completely separate entity exercises sovereignty there), therefore 'Palestine' is a State Party properly represented by the PA and covered by its accession to the Rome Statute, and thus the ICC totally have jurisdiction over Gaza.[0]
Bonkers.
Anyway Israel never acceded to the Rome Statute and the doctrine of state immunity applies. Even if PA were sovereign in Gaza and had properly delegated that sovereignty to the ICC, ICC's claim that Article 12(2)(a) grants them jurisdiction over Israel and Israeli leaders for their actions in Gaza is still a brazen claim to jurisdiction not well supported by customary international law.
But really, it's not dubious at all: It's utterly absurd.
ICC claims that since PA claims to represent 'Palestine', and UNGA Resolution 67/19 "Reaffirms the right of the Palestinian people to self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967", and that since they consider Gaza "Palestinian territory occupied since 1967" (despite the fact that Gaza has certainly not been occupied by Israel for decades and a completely separate entity exercises sovereignty there), therefore 'Palestine' is a State Party properly represented by the PA and covered by its accession to the Rome Statute, and thus the ICC totally have jurisdiction over Gaza.[0]
Bonkers.
Anyway Israel never acceded to the Rome Statute and the doctrine of state immunity applies. Even if PA were sovereign in Gaza and had properly delegated that sovereignty to the ICC, ICC's claim that Article 12(2)(a) grants them jurisdiction over Israel and Israeli leaders for their actions in Gaza is still a brazen claim to jurisdiction not well supported by customary international law.
[0]: https://www.icc-cpi.int/sites/default/files/itemsDocuments/p...