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from Part VII - Legitimacy in the New Century
Published online by Cambridge University Press: 09 December 2021
The Government of Palestine turned to international judicial institutions to challenge actions of Israel. It asked the International Criminal Court to investigate actions by Israeli officials during hostilities in the Gaza Strip, specifically actions alleged to be in violation of international humanitarian law. It also asked the International Criminal Court to investigate Israeli officials for promoting settlement of Israelis in Palestinian-occupied territory. The Government of Palestine filed against the United States in the International Court of Justice for relocating its embassy in Israel to Jerusalem. In 2019, the International Court of Justice, in a case involving a different territory, showed itself open to ruling by way of an advisory opinion on self-determination and on repatriation of persons forcibly expelled. This case opened the possibility of involvement of the International Court of Justice on broader issues relating to Israel and Palestine, and specifically to repatriation of displaced Arabs.
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