الاعتراف بفلسطين كدولة وعضويتها في ميثاق روما وتأثيرهما على حماية المدنيين في قطاع غزة
Despite the availability of the three elements of the State, namely people, land and Government, Palestine did not enjoy the International legal personality because of its non-recognition as a State, and thus did not exercise its rights and duties in the international community as a State, and when...
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| Format: | Thesis |
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| Summary: | Despite the availability of the three elements of the State, namely people, land and Government, Palestine did not enjoy the International legal personality because of its non-recognition as a State, and thus did not exercise its rights and duties in the international community as a State, and when it applied for membership in the International Criminal Court on 22/01/2009, it refused its application on the pretext that it was not a "State". However, the situation differed after General Assembly Resolution (19/67) of 29/11/2012, which recognized Palestine as a "state" and obtained the status of "state observer" at the United Nations and the decision had many legal implications and were able to join the International Criminal Court on 01/04/2015, and can sue the leaders of Israel for their crimes, and therefore this study deals with the analysis of the legal implications of the recognition of Palestine as a state, its accession to the Rome Charter and its implications for the Israeli military behavior towards the protection of civilians in the Gaza Strip, and the study dealt with the years of 2011 To 2018, it was divided into two periods, compared to four years before Palestine joined the ICC, from 2011 to 2014, and four years after accession from 2015 to 2018. The study concluded that Palestinians, by joining the court, have had an effective tool that has managed to cause a kind of criminal deterrence for Israel's violations of international humanitarian law, which has provided more protection to civilians in Gaza Strip, and the study revealed that Israel has taken many measures thorough investigation to avoid the danger of international criminal prosecution of its leaders. It has enacted (6) new laws to avoid the risk of subsequent international prosecution, and the study has demonstrated by comparing statistics that there is a significant change in the Israeli army's behavior toward civilians in the Gaza Strip. There is a big retreat in the number of attacks in the second period, reaching about 95%, number of casualties decreased by 78% and number of targets, by 81%, with qualitative changes also, the number of women and children killed decreased. Air and artillery bombardment, also decreased considerably in addition to a retreat in targeting civilians and resistance soldiers, but the retreat in civilians is bigger, all of which means better protection for civilians in Gaza Strip |
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