Search: palestine icc
07 Feb ICC and Palestine Symposium: Prosecuting Settlements as War Crimes and Crimes against Humanity–The ICC’s Jurisdiction over the Occupied Palestinian Territory
as under the U.N. Guiding Principles on Business and Human Rights. These include banks, telecommunications companies, real estate agencies and the tourism industry. This could be the right case for the Prosecutor to dust off her 2016 Policy Paper on case selection and prioritisation that appeared to open the door to business-related liability and investigate corporate complicity in transfer crimes. Temporal Jurisdiction: Regarding temporal jurisdiction vis-à-vis the Situation in Palestine, Palestine accepted ICC jurisdiction for crimes committed since 13 June 2014. This should not be understood as limiting investigation to...
09 Oct ‘Grading’ the Nominees for the International Criminal Court Judges Election 2021-2030: The Report of the Advisory Committee on Nomination of Judges—Part I
during the upcoming 19th session of the Assembly of States Parties (ASP) from 07-17 December 2020. The nine-member committee is composed of representatives from the different regions that make up the ICC’s membership: African States: Kenya, Botswana. Asia Pacific States: Korea, State of Palestine. Eastern European States: Romania. Latin American and Caribbean States: Bolivia, Brazil. Western Europe and Other States: France, United Kingdom. All the members of this Committee are trained lawyers. With the exception of the representatives of the State of Palestine and Kenya, the rest have all served...
02 Oct Distant Justice Symposium: Measuring Distances—A Response to the Book “Distant Justice” by Phil Clark
...consider other situations that could merit ICC jurisdiction but were never investigated in the absence of ratification or referrals; a more objective methodology should consider comparatively these situations along with those under ICC investigation. There is some merit in Phil Clark’s critique, and there is indeed room for improvement for the ICC’s “distance”, but this is not necessarily the Court’s main problem. For a comprehensive assessment the reader may consider the newly released ICC OTP Strategic Plan 2019-2021, where the Prosecutor has candidly acknowledged challenges and indicated that “the Office...
07 Aug Complementarity, Catalysts, Compliance Symposium: A Reply
...of us to the ICC dream was that it was not going to be the sole vanguard of the global fight against impunity. It was going to serve as a ‘big brother’ to national systems, to walk with them to strengthen their capacity and ability to do the same or even more than the ICC. But that dream never materialized and instead Nakandha and Kambale imagine a series of tantalizing scenarios: the ICD and ICC jointly pursuing Dominic Ongwen’s trial, or the ICC and the DRC’s military courts handling Germain...
11 Oct The Use of AI at the ICC: Should we Have Concerns? Part I
use of AI tools in most other sectors it appears that the OTP has embraced an inevitable step if the ICC is to keep pace with modern work practices, maximize efficiencies and meet the expectations of the Assembly of States Parties that the ICC take all measures within its power to do so. However, there are two important points to highlight about the development of AI which may have implications for the use of AI generated evidence, or evidence analyzed by AI at the ICC. The first is that AI...18 Mar Wronging Rights on the Warrant for Bashir
with their obligations toward the ICC, legitimized by the Security Council acting under Chapter VII. States would act as organs of the ICC, not as judges themselves. With the absence of a ‘police force’, the ICC basically deals with the same problem as the UN, which also has to rely on the cooperation of its members, to fulfil its mandate. Although a specific SC resolution creating an obligation for UN member States to implement the arrest warrant if feasible would be preferable, it does not sound too persuasive to me...06 Aug ICC Submissions and the “Continuing Violation” (Non-)Doctrine
Francisco F. Martin I believe that the continuing violation doctrine must apply. Article 21 (2) and (3) of the ICC Statute respectively state that the ICC shall apply "principles and rules of international law" and that "[t]he application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights . . . ." These provisions strongly suggest that the continuing violation doctrine must be applied by the ICC. Although Moiwana Village v. Suriname only applied the doctrine to Suriname's failure to investigate a massacre and...15 Jun Bashir Leaves South Africa
has immunity under customary international law. The ICC, NGOs and everybody else can keep repeating that this is unjust, and it is hard not to be sympathetic. Most reasonable people agree Bashir has blood on his hands. But this alone is not much of a legal argument. The ICC's judges have made two attempts to explain away Bashir's immunities, both of which have been criticised (see: http://www.ejiltalk.org/icc-issues-detailed-decision-on-bashir%E2%80%99s-immunity-at-long-last-but-gets-the-law-wrong/; https://opiniojuris.org/2014/04/23/guest-post-icc-changes-mind-immunity-arrest-president-al-bashir-wrong/; http://www.ejiltalk.org/icc-issues-new-decision-on-al-bashirs-immunities-%E2%80%92-but-gets-the-law-wrong-again/; http://chinesejil.oxfordjournals.org/content/12/3/467.abstract; http://dovjacobs.com/2015/06/14/does-south-africa-have-an-obligation-to-arrest-and-surrender-bashir-to-the-icc-no/). That said, many scholars agree with the ICC (at least its more recent decision, 2014 against DRC; almost everyone,...
08 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – The Application of International Law to Legitimise Settler Colonialism and Land Grabbing in Zimbabwe and Palestine: An Analysis of the Van Pezold and Ben Sourik Decisions
...People in Palestine without any prejudice to the existing civil and religious rights of existing non-Jewish communities. As observed by Dana and Jarbawi: …between 1922 and 1945, there was increased Jewish Immigration to Palestine accompanied by increasing violence between Arabs and Zionist groups. Finally, unable to rule a division they had themselves created, the British decided to evacuate and end its mandate. After a partition of Palestine was proposed by the UN in 1948, Israel’s Declaration of Independence and the Arab Israeli War, Palestine fell under the control of Egypt...
29 Sep British Reparations Owed to the Palestinian People
...Declaration, Arthur Balfour stated to Lionel Walter Rothschild, a prominent member of the Jewish community in the UK, that: His Majesty’s Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavors to facilitate the achievement of this object. When the UK took over control of Palestine from the Ottoman Empire after the so-called First World War, it implemented this commitment in practice. It facilitated Jewish-only migration. This enabled a demographic shift in favour of members of the Jewish...