I’s guess it depends on who you’re talking to: some organizations or states see Palestine as a state, others do not, and others see it as a future state but not one at this time. Keeping a definition broad lessens the chance of outright dismissal of otherwise cogent claims of wrongdoing.

That’s all insofar as anyone or entity actually respects international law. It comes down to states agreeing that it’s in their best interests to cooperate on a matter. As long as the USA and Europe support Israel and don’t bring to bear any leverage to stop this insanity and form an independent state, the ICC can call Palestine whatever it wants to describe the situation.