Search: Symposium on the Functional Approach to the Law of Occupation
28 Jul The Oslo Accords and the International Criminal Court’s Jurisdiction in the Situation in the State of Palestine
paras. 13-16) Furthermore, “considering the complexity and novelty of the Prosecutor’s Request” the court invited other States, organizations and/or persons to submit amicus curiae (friends of the court) observations. (Ibid., para. 17) The author assisted Dr. Robert Heinsch and Dr. Giulia Pinzauti in submitting their amici curiae observations to the ICC on the said case. The Heinsch-Pinzauti amicus curia brief was the only academic brief to focus on the relevance of the law of occupation in determining Palestine’s statehood under relevant rules of international law, and remarkably it was the...22 Aug BDS Means Showing Disdain for Israeli Athletes?
are by and large permanent, as 99% of historical precedents show. And settlers dont move to settlements out of the blue, they do so pushed by a huge amount of subsidies and support provided by the State. GC 49 prohibits individual or mass forcible transfers or deportations from OT declares that the OP “shall not deport or transfer parts of its own civilian population into the territory it occupies.” GC Article 147 makes “unlawful deportation or transfer” a “grave” breach of Geneva law — which seems relevant to per se...
07 Nov Confronting the Collaborators
are they compatible with international law? International Humanitarian Law on Collaboration Both Russia and Ukraine are bound by the rules of international humanitarian law during the war, notwithstanding that Ukraine is acting in defence against Russia’s unlawful attack. While Ukraine has indicated that captured Russian soldiers will be treated in accordance with the laws of war, for example, Russia’s record in Chechnya, Syria and now Ukraine is one of seeking to “systematically evade the restrictions that [international humanitarian law] imposes on warfare”. But failing to abide by treaty rules does...
08 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Peoples’ Rights Without Borders? The Significance of the African Charter’s Liberation Ethos to the Palestinian Struggles
Israel’s capital. The AUC Chairperson notes such a move may decrease tension in the region and foster a peaceful solution to the Israeli-Palestinian conflict. Sadly, however, some African countries promised to move their embassies in Israel to Jerusalem. Conclusion At this stage, my conclusion should be clear: the African Union and its Member States must be more demanding towards Israel than they have been thus far. As the ICJ ruled, Israel’s occupation of Palestinian territories is unlawful under international law and so are its human rights-unfriendly policies in occupied territories....
02 Sep ‘State of Exception’: Judicial Discretion and the Amicus Curiae Mechanism in the ICC’s Palestine Proceedings
(OPT), all states are under an obligation not to recognise Israel’s unlawful presence in the OPT and must not render aid or assistance in maintaining the situation created by Israel’s continued presence in the OPT. As for the Oslo Accords, the ICJ held ‘the Oslo Accords cannot be understood to detract from Israel’s obligations under the pertinent rules of international law applicable in the Occupied Palestinian Territory’. Notwithstanding the ICJ’s ruling, it is far from clear whether the amicus curiae observations were permissible in the context of challenges to the...07 Nov Saddam’s Appeal Begins
...do this under the Geneva Conventions, which allow prisoners of war and even civilians to be executed by the occupying power under certain conditions. Rather, he was responding to concerns by his partners in the occupation, the United Kingdom. As a State party to the European Convention on Human Rights, and its two protocols concerning abolition of the death penalty, Britain cannot participate in executions of persons “within its jurisdiction.” Recent case law of the European Court of Human Rights indicates that occupied territories are protected by the European Convention...30 Jan The Hamas Party Platform
willtotruth That's the most comprehensive summary I've read so far of the charter via articles, blogs etc. Despite some ridiculous (and anti-Semitic) beliefs within, I couldn't but read it as a manifesto for the active defence against occupation.This sentence stood out for me: "Before expressing optimism about what might be, let's look at what is."It seems to me that the charter more accurately reflects what might be not what is. You've got things backwards. What is, for example, is the history of settlements, occupation, resource theft and so on. What...
08 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Wale ni sisi: Na sisi ni wale: (Re)viewing the Palestinian Struggle from an African Anti-colonial and Anti-imperialist Lens
Wale ni sisi: Na sisi ni wale: This Swahili phrase means “They are us: and we are them.” It has been borrowed from Katama Mkangi, ‘Walenisi’ (1995). [Dr. David Ngira is an African who lives in Kenya. The views are his own and do not represent those of any organization or entity.] Introduction The Global North’s imperialism has significantly shaped the development of international law, including international human rights law. While the substantive content of international law seems to resonate with realities in the Global South and is, indeed, somewhat...06 May Michael Kearney on the Palestinian Declaration
Statute despite half its sovereign territory (the TRNC) being under full (effective) control of a foreign occupation. In conclusion, while Davenport cites the necessity of the ICC having to balance between values of sovereignty and internationalism, his arguments suggests no attempt at considering the facts of the matter at hand. The OTP and the Court must balance between such values it is true, but to do so they must root their approach in international law, and not simply exclude Palestinians from the rule of law on a political basis, nor...28 Jul Preliminary thoughts on the posts
...international and municipal. When the former was operative, the Constitution necessarily had no applicability. At one level I do not challenge David’s position. Indeed, my book often supports exactly this view. In discussing the Supreme Court’s decision regarding the Civil War era occupation of New Orleans, for example, I write that: The Supreme Court contended that…Southern states were in fact conquered territory and therefore subject to the laws of war and the international law of occupation, not American law. International law displaced constitutional law. Yet I do not think this...