That's the most disturbing line from another invaluable WikiLeaks cable about Israel and the Palestinians. As the cable makes clear, Israel is willing to use force -- of the non-lethal variety, fortunately -- to disrupt even completely peaceful protest against its policies: US government officials have been well aware of Israel's harsh methods of dealing with peaceful protests in the occupied...
A February 2010 cable from the US embassy in Tel Aviv to the State Department concerning a discussion with the IDF's Military Advocate General about the Palestinian Authority's request for the ICC to investigate Operation Cast Lead contains the following remarkable paragraph (emphasis added): Summary: IDF Military Advocate General Mandelblit updated the Ambassador on February 17 on the progress of investigations...
David Bernstein has a pointless "gotcha" post at Volokh Conspiracy today in which he argues that the Palmer Report somehow contradicts my claim that blockade is only permissible in international armed conflict (IAC), whether between states or between a state and an insurgent group recognized as a belligerent. Here it is in full: Kevin Jon Heller of University of Melbourne and...
As Julian noted earlier today, the UN's Palmer Committee has released its report on the Mavi Marmara incident, concluding that Israel's actions regarding the ship were were excessive and unreasonable, but that the blockade of Gaza itself is legal. I have questioned the legality of the blockade before, leading two readers to claim that the Palmer Committee's report contradicts my...
This legal opinion by Oxford prof Guy Goodwin-Gill has been drawing some attention in recent days. It argues that the planned campaign to establish a Palestinian state this fall at the United Nations has a number of policy and legal pitfalls that could work against the interests of most Palestinians. Here is an excerpt from an interview with Al-Jazeera: You tackle three...
"People of Libya! In response to your own will, fulfilling your most heartfelt wishes, answering your incessant demands for change and regeneration and your longing to strive towards these ends, listening to your incitement to rebel, your armed forces have undertaken the overthrow of the reactionary and corrupt regime, the stench of which has sickened and horrified us all...
Time has an interesting article up about Saif's reappearance in Tripoli. The whole thing is well worth a read, but I was struck by these paragraphs about the ICC: The rebels were not the only ones whose credibility was in doubt on Tuesday. So too was that of the International Criminal Court (ICC) in The Hague, which has indicted...
So says Saif Gaddafi, who apparently has not been captured by the rebels after all: Muammar Gaddafi's once powerful son, Saif al-Islam, made a defiant appearance in Tripoli last night to disprove the revolutionaries' claim to have arrested him and to proclaim ultimate victory. Saif al-Islam, 39, arrived in an armoured vehicle waving two fingers in a victory sign...
CNN is reporting that Libyan rebels have arrested Saif Gaddafi, Muammar's second-eldest son long thought to be his most likely successor. Saif is one of the three suspects for whom the ICC has issued arrest warrants; the allegations include persecution and murder as crimes against humanity. And it appears that the OTP is already in negotiations with the rebels to...
Our friends at the Cornell International Law Journal have asked me to post the following call for papers. The conference looks great; I'm disappointed that it starts the last day of my summer teaching obligations. The Cornell International Law Journal is pleased to announce its 2012 symposium, Forces Without Borders: Non-State Actors in a Changing Middle East, February 17th–18th, 2012 at...
This article by Steven Rosen about the legality of a Palestinian state and a short response by Josh Keating touch on this issue. In short, Rosen argues for some independent legal standard for determining statehood (and Palestine doesn't meet it), such as the Montevideo Convention, while Keating basically argues that there are no such standards. A good and useful...
I want to call readers' attention to Douglas Guilfoyle's article "The Mavi Marmara Incident and Blockade in Armed Conflict," which is forthcoming in the British Year Book of International Law. (Subscription required.) It's absolutely superb -- comprehensive, analytic, and above all fair. Indeed, its conclusions differ in important ways from those of the UN HRC report, the Turkel Commission inquiry...
