Committee
International Court of Justice
Country
Prosecutor (Palestinian Territories)

Author

Farah Warmer
Netherlands

Cite as https://mymun.com/ppdb/18297

IN THE INTERNATIONAL COURT OF JUSTICE

STATE OF PALESTINE,

APPLICANT

V.

UNITED STATES OF AMERICA,

RESPONDENT

 

Memorial of the State of Palestine

Repeating the Application of the State of Palestine as submitted to the International Court of Justice on 28 September, 2018, requesting the Court to settle the dispute it has with the United States of America over the relocation of the United States embassy in Israel to the Holy City of Jerusalem. In so doing, it places its faith in the Court to resolve the dispute in accordance with its Statute and jurisprudence, based on the Vienna Convention on Diplomatic Relations (VCDR) read in appropriate context.

Recognizing the order of 15 November, 2018 of the International Court of Justice regarding the Relocation of the United States Embassy to Jerusalem, where the courts states that it is first necessary to resolve the questions of the Courts jurisdiction and the admissibility of the Application;

The undersigned, duly authorized by the Government of the State of Palestine, has the honour to submit to the International Court of Justice, in accordance with Security Council Resolution 9 (1946) and Article 35 (2) of the Statute of the Court, this Memorial instituting proceedings against the United States of America.

Statement of facts

On December 6, 2017, the United States Executive, Donald J. Trump decided to relocate the American Embassy to Jerusalem on the basis of the 1995 “Jerusalem Embassy Act” in which America recognised the Israeli rule in Jerusalem and the city as the capital of the state. In this act, the US also stated its desire to officially move the embassy to Jerusalem, which Donald J. Trump eventually did on May 14, 2018. The Palestine government responded by filing an application to the International Court of Justice (ICJ) on grounds of the breach of international law concerning the Vienna Convention of Diplomatic Relations. In its order of the 15th of November 2018, the Court ruled that first the questions regarding the Courts jurisdiction and the admissibility of the Application should be resolved.

Statement of rules

1.     Regarding the access to the Court

1.1 Article 35§2 of the ICJ Statute and UNSC Resolution 9

Article 35§2 of the ICJ statute states that: “Declaration Recognizing the Competence of the International Court of Justice” deposited by the State of Palestine (hereinafter “Palestine”) on 4 July 2018, whereby, pursuant to Security Council resolution 9 (1946) of 15 October 1946 adopted in virtue of the powers conferred upon the Council by Article 35, paragraph 2, of the Statute of the Court, Palestine “accept[ed] with immediate effect the competence of the International Court of Justice “

In accordance, the United Nations Security Council (hereinafter: UNSC) adopted resolution 9(1) (1946), which states that: “The International Court of Justice shall be open to a State which is not a party to the Statute of the International Court of Justice, upon the following condition, namely, that such State shall previously have deposited with the Registrar of the Court a declaration by which it accepts the jurisdiction of the Court, in accordance with the Charter of the United Nations and with the terms and subject to the conditions of the Statute and Rules of the Court, and undertakes to comply in good faith with the decision or decisions of the Court and to accept all the obligations of a Member of...

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