“in its investigation and prosecution of crimes”213 that have occurred within
its jurisdiction. This obligation is particularly relevant in light of the ICC’s
preliminary examination, legitimated by the access of the State of Palestine
to the Rome Statute, which conferred to the ICC jurisdiction to investigate
serious crimes committed in its territory.214
International Community’s practice in ensuring reparations
to refugees and IDPs: the Bosnian case
An example of intervention by the international community in reinforcing
the implementation of the right of refugees and IDPs to reparations can be
drawn from the Bosnian experience. In the aftermath of the war, following
the dissolution of former Yugoslavia, the international community intervened
on several levels to ensure the implementation of the peace agreement
that settled the conflict in 1995 (General Framework Agreement for
Peace in Bosnia and Herzegovina, also known as the Dayton Agreement).
Notably, the agreement contained a set of rules on refugee return and
property restitutions.215 International assistance and investment in post-war
reconstruction were conditions of its implementation.216 The Council of Europe
exerted its influence by conditioning Bosnia’s membership to the EU on the
application of refugee return and property restitution, requiring the Bosnian
government to comply with a list of criteria, including the implementation of
property laws that would allow refugees and displaced persons to return to
their homes of origin.217 Additionally, to facilitate property restitution as stated
in the Dayton Agreement, international actors put pressure on local authorities
to pass appropriate domestic legislation, and set up an ad hoc implementation
plan characterized by a rights-based approach. Moreover, they provided
information and education campaigns about restitution rights, training of
local housing officers, and more funding for housing authorities when needed.
Notwithstanding its shortcomings, the Bosnian example constitutes a relevant
reference point for the Palestinian case, where the international community
recognized the importance of return and restitution to achieve a durable peace.
213 Rome Statute of the ICC, supra note 22, art. 86.
214 See International Criminal Court, Report on Preliminary Examination Activities 2017, 4 December
2017, available at: https://www.icc-cpi.int/itemsDocuments/2017-PE-rep/2017-otp-rep-PE_ENG.pdf
215 Dayton Peace Agreement, Annex 7: Agreement on Refugees and Displaced Persons, 14 December
1995, available at: http://www.refworld.org/docid/3de497992.html [accessed 27 Jul 2018].
216 James Boyce, “Aid Conditionality as a Tool for Peacebuilding: Opportunities and Constraints”,
Development and Change, 33, No. 5 (2002): 1025-1048.
217 Parliamentary Assembly of the Council of Europe, Bosnia and Herzegovina’s application for
membership of the Council of Europe , Opinion 234 (2002), 22 January 2002, available at: http://
assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=16967&lang=en [accessed 27 Jul
2018].
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