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Source: https://jcfa.org/how-the-icc-invented-a-non-existent-state-to-persecute-israel/
How the ICC Invented a Non-Existent State to Persecute Israel
(Jerusalem Center for Security and Foreign Affairs) Lt.-Col. (res.) Maurice Hirsch - On Nov. 17, 2025, the UN Security Council adopted Resolution 2803 in support of President Trump's "Gaza peace plan." When addressing the future of Gaza, the resolution stated: "After the PA reform program is faithfully carried out and Gaza redevelopment has advanced, the conditions may finally be in place for a credible pathway to Palestinian self-determination and statehood." Thus, according to the resolution, only once certain conditions are fulfilled will there potentially be a possibility to consider Palestinian statehood. In other words, the position of the Security Council was that no "State of Palestine" already existed. Any honest observer knows that no "State of Palestine" actually exists. For such a state to exist, it would need to meet internationally agreed criteria, which the fictional "State of Palestine" has never met. Yet in 2014, the UN Secretary-General accepted the request of the "State of Palestine" to join the International Criminal Court (ICC), which has issued repeated decisions regarding the "Situation in Palestine." While the UN Security Council is the body that controls the procedure through which new states are recognized, the ICC operates under the fallacy that such a fictional state exists, one that could then delegate its non-existent jurisdiction to the ICC in order to persecute and delegitimize Israel. The writer, former director of the Military Prosecution in Judea and Samaria, is director of the Palestinian Authority Accountability Initiative at the Jerusalem Center.