Abstract

On 5 February 2021, Pre-Trial Chamber I of the International Criminal Court decided, by majority, that Palestine is a State party to the Rome Statute and that the territorial jurisdiction of the Court extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem. The decision confirms the relevance of ‘recognition’ for the purposes of statehood in a dynamic perspective. In particular, an entity whose statehood is controversial – because of the opposition of a certain number of States – can nevertheless be considered a ‘State’ in specific contexts and for particular purposes.