Research Paper On The 'Statehood Status’ Of Palestine Through The Lens Of The Montevideo Criteria Of Statehood And Pre-Trial Chamber (‘PTC’)
Sravishtha T & Shreya Chaudhary, Jindal Global Law School
ABSTRACT:
Amongst a surfeit of unresolved questions in International Law, the conflict between Palestine and Israel is not only a provocative subject but also raises a significant point of contention regarding the status of Palestine within the international community. The status of Palestine beyond its persisting conflict with Israel also encompasses its 'statehood status', which has for long been an argumentative issue in the global arena. The paper endeavours to examine the 'statehood status’ of Palestine through the lens of the Montevideo Criteria of statehood and Pre-Trial Chamber. (‘PTC’). The paper begins by succinctly listing out the elements under the Montevideo Criteria to attain statehood and goes on to comprehensively breakdown the two theories of statehood, namely Declaratory and Constitutive theory. The paper further endeavours to provide a brief history of Palestine and its statehood claims and the decision rendered by the Pre Trial Chamber vis a vis the jurisdiction of Palestine.
