Interest in the criminal aspects of the Israeli settlement project in the West
Bank is hardly new; it informed the drafting of Additional Protocol I (AP I) and
of the Statute of
the International Criminal Court (ICC), and motivated Israel's
rejection of both instruments. The 2009 Palestinian attempt to establish ICC
on the preconditions for jurisdiction and on its territorial and temporal
aspects, as well as on specific admissibility questions, primarily gravity.
(Complementarity is not an issue with regard to the establishment of West Bank
settlements, since Israeli law and jurisprudence do not prohibit it, although
they regulate some aspects related thereto).