Search: palestine icc
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...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...
26 Apr Book review: The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties, Monique Cormier
such a study is intellectual, practical, and political. As the ICC faces the constant spectre of attacks from states that feel threatened by the ICC, Cormier demonstrates that a firm articulation of the ICC’s jurisdiction and its legal basis is needed with regards to the nationals of NSPs. The Court will also need a clear basis for its jurisdiction, should it attempt to wade into a situation involving the territory of states that are neither States Parties to the Rome Statute nor Members of the United Nations, perhaps by way...
21 Apr ICC Sanctions Symposium: The Unprecedented Attack Against the ICC Prosecutor–The Pitfalls of Being a National of a ‘Less-Powerful’ State
actions are a backlash from the ICC’s investigations in Afghanistan and Palestine. President Biden on April 2, 2021, ended the sanctions and the visa restrictions, thereby rescinding Trump’s orders. My reflection will focus on the pitfalls of such sanctions on individuals from ‘less-powerful’ states given the countries of origin of both Prosecutor Bensouda from The Gambia and Mr. Mochochoko from Lesotho. Bensouda was the main target of the sanctions given that she was granted approval in March 2020 by the Appeals Chamber of the ICC to investigate possible crimes committed in Afghanistan...28 Oct The Re-branding of the International Criminal Court (and Why African States Are Not Falling For It)
...greatest ally – the African continent (all current charges are against individuals from the African continent), there was some salesmanship to be done for the ICC. In light of its focus on Africa, there have been long-standing demands to try former US-President George W. Bush and former British Prime Minister Tony Blair in The Hague for war crimes. Then there is the fact that observers of the ICC’s practices are becoming tired of the constant reference to the Court’s youth; with well over a decade of activity, the ICC is...
03 Aug Complementarity, Catalysts, Compliance Symposium: The Spectrum of Ideologies in International Criminal Justice–From Legalism to Policy
of the legalist ideology that has been guiding the ICC judges, and to some extent, the OTP. What is not considered, however, is the question of why the ICC judges have adhered to this legalistic interpretation of complementarity. I argue that the judges’ insistence on the separation of law from politics when it comes to complementarity is in fact part of a broader normative reorientation at the ICC towards a stricter understanding of legalism, often explicitly in opposition to previous tribunals. Thus, what we see in the contest between NGOs...