Comment by dlubarov

> It does have jurisdiction.

Under its own rules and its own interpretation of Gaza governance. That doesn't make it some sort of legal or practical reality - I can make up a set of rules under which I'm the world leader, but it would have no effect.

> It definitely does exist.

This is a bit of a semantic question, but it doesn't really meet the criteria set out in the Montevideo Convention.

> Yes, it joined the ICC in 2015.

Not Hamas, which is the actual government of the territory in question (Gaza). The idea that an entity which never governed a territory, and has never been popular there, can grant a foreign court jurisdiction there is a bit absurd.