What is it about?
In view of the USA’s contention that Palestine is not a state, the ICJ has decided to deal with the issue of Palestine’s statehood as a preliminary question in the Case concerning Relocation of the United States Embassy to Jerusalem (Palestine v. United States of America) during the preliminary objections stage. This article argues that the ICJ, in deciding this issue, is likely to adopt an objective assessment test based on international legal criteria of statehood.
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Why is it important?
The ICJ examines the question of statehood of the parties in each case either implicitly or explicitly. Scholars have suggested state recognition, the Vienna formula, and others as possible options for the ICJ to deal with the issue of Palestine’s statehood. Conversely, this article shows why an objective assessment test will prove to be a better alternative in this regard.
Perspectives
Apart from the issue of Palestine’s statehood, this article contains an excellent analysis of ‘access to the court’ under the Statute of the ICJ.
Kawser Ahmed
Eastern University
Read the Original
This page is a summary of: Will the ICJ Objectively Assess the Statehood of Palestine? A Brief Reflection, The Law and Practice of International Courts and Tribunals, November 2022, Brill,
DOI: 10.1163/15718034-12341494.
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