Published by Maastricht University Press as an open-access research paper
This author’s version (preprint) is published in the Maastricht LAW Research Paper Series. It is freely available for download or online reading.
- Series: Maastricht LAW Research Paper Series
- Institution: Faculty of Law | Maastricht University
Research Paper details
DOI
https://doi.org/10.26481/mup.law.rps.2604
Publication date (online)
23-06-2026
Copyright and license
The content of this work is licensed under a CC BY-NC-ND 4.0 International License.
© 2026 The Authors & Maastricht University
Abstract
This contribution examines the role of the International Criminal Court (ICC) in addressing the ongoing Nakba.
It focuses on three dimensions: the ICC’s ability to shape historical narratives, how the ICC Statute addresses elements of the Nakba, and the extent to which the Court has engaged with these elements.
Although the ICC Statute encompasses structural crimes such as apartheid, persecution, forced displacement, and aggression – offences that reflect the core aspects of the Nakba – the Office of the Prosecutor has avoided addressing its systemic nature, focusing instead on isolated acts of hostilities. These acts, while part of the Nakba, do not reflect its overarching purpose and structure. Despite these limitations, Palestine’s engagement with the ICC has achieved symbolic progress, with the Court implicitly affirming Palestinian statehood through jurisdictional rulings. Although insufficient to fully redress the injustices of the Nakba as understood under this narrative, this underscores the ICC’s role in advancing legal recognition and affirming Palestinians’ right to self-determination.
Publication details and metadata
Title
The Role of the International Criminal Court in the Ongoing Nakba
Series
Maastricht LAW Research Paper Series
Institution
Faculty of Law | Maastricht University
Authors
Alexandre Skander Galand (ORCID) – Maastricht University (ROR)
Wim Muller (ORCID) – Maastricht University (ROR)
DOI (digital version)
https://doi.org/10.26481/mup.law.rps.2604
Copyright and licensing
The content of this work is licensed under a Creative Commons BY-NC-ND 4.0 International License.
© 2026 The Authors & Maastricht University
Access to this publication
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Publication Type and Language
Research Paper – English
Publication date (first online)
23 June 2026
Subject
International Criminal Court, International criminal law
Keywords
International Criminal Court, Nakba, Palestine, genocide, aggression coding, apartheid, war crimes, self-determination, forced displacement, history writing
Citation for this research paper
Galand, A. S., & Muller, W. (2026). The Role of the International Criminal Court in the Ongoing Nakba. (pp. 1-17). Maastricht University Press. Maastricht LAW Research Paper Series Vol. 2026 No. 4 https://doi.org/10.26481/mup.law.rps.2604
Final Published Version (preferred citation)
The final version of the record (and also suggested citation) is available as:
Galand, A. S., & Muller, W. (2026). The Role of the International Criminal Court in the Ongoing Nakba. In G. Ziccardi-Capaldo (Ed.), The Global Community Yearbook of International Law and Jurisprudence 2024 (pp. 245-267). Koninklijke Brill B.V. https://doi.org/10.1163/9789004758292-010
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