ISRAEL AND PALESTINE: THE ROLE OF INTERNATIONAL CRIMINAL JUSTICE IN ENSURING ACCOUNTABILITY FOR THE TRANSFER OF CIVILIANS INTO OCCUPIED TERRITORY

ABSTRACT Within international law, there should be a system whereby states as well as individuals breaching norms of international criminal law be punished. This is where the concept of international criminal justice comes, which requires states to ensure accountability for the act committed by individuals under their control. The first section of the essay deals with status of the Israel’s occupation of Palestinian territory in accordance with international law and the obligations imposed by international criminal law. The second part of the essay briefly focuses on recognition of Palestine as a permanent state which is relevant for the purpose of ascertaining situation of international armed conflict between Israel and Palestine. Third section is the most significant part of this essay which deals with the accountability aspect under international criminal law. Focus will be on the international responsibility of states and individuals with respect to international humanitarian law and ICC statute. It will be followed by the legal consequences of such acts and a discussion on the jurisdiction of ICC and other states in light of ‘universal jurisdiction’.