Avi Bell is a professor at Bar-Ilan University’s Faculty of Law and at the University of San Diego Law School and senior fellow at the Kohelet Policy Forum. He received his B.A. and J.D. from the University of Chicago, and his S.J.D. from Harvard. Professor Bell clerked for Justice Michael Cheshin of the Supreme Court of Israel and for the High Court of Justice Department within Israel’s State Attorney’s Office. He is a widely cited expert on property law, international law, the laws of armed conflict and the Arab-Israeli conflict. Professor Bell has been published in leading law journals including Yale Law Journal, Stanford Law Review and Columbia Law Review.
There is no uncertainty here. It is absolutely certain that the Court is stepping into completely new grounds here – it is making up a jurisdictional theory that has never existed before.
Professor Avi Bell explains the issue of ‘territorial sovereignty’ as prerequisite for jurisdiction under the Rome Statute. He shows how the prosecutor is interpreting the text of the Rome Statute to reach the conclusion she wants – and that is prosecuting Israelis rather than Palestinians.