- The entity must exercise effective and independent governmental control.
- The entity must possess a defined territory over which it exercises such control.
- The entity must have the capacity to freely engage in foreign relations.
- There must be effective and independent governmental control over a permanent population.
"In 2011, after conducting an in-depth examination and consulting with experts, the Prosecutor rejected the Palestinian attempt to instigate complaints against Israeli officials and officers, and referred their request to the Assembly of States Party to the ICC Statute and to the UN Secretary-General"