Rethinking the Israeli Practices towards Immovable Properties (lands) in the Occupied West Bank and the Potential Role of the International Criminal Court Thereof.رسالة ماجستير

Abstract

This thesis aims to handling two important issues that directly linked to the position of International Law towards the living lsraeli presence in the occupied WB, namely, the relationship between the Israeli occupant and immovable properties thereto, and the potential role that can be played by ICC. This thesis targeted the period of (13-June 2014 until 15-March-2017). The thesis came to comprehend a problem with dual sides; firstly, the researcher noticed serious indicators of the Israeli practices during the thesis period. The second side of problem is related to the legal challenges that hinder the work of the ICC on the Occupied WB. When it comes to the first pillar, the thesis concludes after the rethinking process of Israeli practices during thesis period that: there are considerable escalations of the Israeli practices towards the immovable properties during the thesis period. This escalation is diverse and uneven from year to year. The practices include but are not limited to the land confiscation, land ratification, and settlement activities. The most serious practice is the work of Blue Line Team. It is worth mentioning that their work during the thesis period aimed at connecting the Israeli settlement blocs on longitudinal extensions with each other and within the Israeli depth. The Israeli government adopted Edmund Levi report on its practices. When it comes to the second pillar, the thesis examined the Israeli practices under Rome Statute, and simulated the preliminary examination process of the office of the general prosecutor to understand the potential role of ICC. The researcher found out that the situation of WB area has met the required conditions, Such as the ration jurisdiction, territorial jurisdiction, material jurisdiction, admissibility (complementarity, gravity), and the interests of justice. There are three main challenges that faces the ICC concerning the case of Palestine: The first challenge is 3 the absorption of the huge amount of information about the Israeli- Palestinian conflict. The second revolves around determining the territorial –personal jurisdiction of the ICC on the Palestinian territories. The third challenge facing the office of the general prosecutor is determining the admissibility and the complementarity jurisdiction of the ICC on the Palestinian context. The researcher found out that these practices violated the rights of the occupied territories land on WB in accordance with the international law materials and Rome Statute provisions. Therefore, these practices reached a reasonable basis for the general prosecutor to ask the trial chamber to open an investigation on the alleged crimes, such as, the crime of apartheid: a crime against humanity, and the war crimes of expropriation of property and civilian transfer.