Abstract

SOLANO, Lucía  and  QUINTANA, Juan José. Palestine vs. the United States before the International Court of Justice. Díkaion [online]. 2020, vol.29, n.2, pp.352-378.  Epub Apr 12, 2021. ISSN 0120-8942.  https://doi.org/10.5294/dika.2020.29.2.2.

This article discusses Palestine’s lawsuit against the United States before the International Court of Justice for its alleged violations of the Vienna Convention on Diplomatic Relations. The lawsuit was brought after the US president’s announcement to move the embassy in Israel from Tel Aviv to Jerusalem. The case has critical diplomatic repercussions but raises various legal questions related to Palestine’s access to the Court with or without its capacity as a State, the Court’s jurisdiction, the enforceability of Palestine’s adherence to the Convention and its Optional Protocol, and the admissibility of the lawsuit. The paper discusses whether Palestine could initiate a case before the Court, whether the secretariat of the Court should have accepted the case, and whether the Court has jurisdiction to rule on it. This analysis is based on the provisions in the Court’s bylaws, regulations, and extensive case law regarding procedural matters.

Keywords : International Court of Justice; contentious matters; access; competence; admissibility; State; enforceability; preliminary objections.

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