Search: palestine icc
28 Mar The Latest Crisis of the ICC: The Acquittal of Laurent Gbagbo
...Coast, Laurent Gbagbo, sheds further light on some of the shortcomings of the ICC. In January of this year, the ICC acquitted Gbagbo of all charges. It was the first time a former Head of State had ever gone to trial before the ICC. The case against Kenya’s President Uhuru Kenyatta was stymied by Kenya’s unwillingness to cooperate with the Court. Gbagbo was also the second highest profile acquittal, after Bemba, in the Court’s history. There are many signs that the struggling Court’s impact has fallen short of expectations. But...
09 Aug Muddying the Waters: A Reply to Kay and Kern on the Statehood of Palestine and the ICC – Part I
...of Jordan and Palestine, together with the fact that the future relationship between the States of Jordan and Palestine will be established on the basis of a confederacy and of free and voluntary choice by the two fraternal peoples, in corroboration of the historical ties and vital common interests which link them”. After Jordan recognised the Palestinian state proclaimed in 1988, the PLO office in Amman became the Embassy of Palestine to Jordan. Palestine has since opened embassies with many states. It must be emphasised that Palestine was not formed...
10 Oct Rethinking International Law After Gaza Symposium: Containing Liberation – The Transitional Justice Industrial Complex in Palestine
Israel-Palestine. I admit, until now, I have been reluctant to fully disassociate from what I believe(d) is TJ’s potential, being convinced that, in certain contexts, it remains a fruitful and worthwhile endeavour. I have seen and experienced first-hand how a limited application of TJ has been helpful in facilitating difficult and painful conversations around reconciliation in the context of the north of Ireland, particularly when such conversations are grassroots, and community driven. However, in the case of Palestine, where there has been a steady, albeit incremental increase in scholarly and...
21 Jun Unwilling or Unable? The International Community’s Failure to Hold Israel Accountable for the Ongoing Apartheid in Occupied Palestine
of the Palestinian suffering. Most importantly, such statements failed to condemn Israel’s abuses in EJ and GS; let alone, to recognise or mention Israel’s apartheid, that elephant in the room! The ICC Prosecutor’s Reluctance Regarding the Situation in Palestine: In its request to the Pre-Trial Chamber (PTC) on the territorial jurisdiction in Palestine, the Office of the Prosecutor (OTP) noted that “[t]here is a reasonable basis to believe that war crimes have been or are being committed in [OPT]” and that it has already “identified potential cases arising from the...
07 Feb ICC and Palestine Symposium: ‘Imprisoning’ Self-Determination–The Israeli Military Law Enforcement System in the West Bank and Its Relevance for the ICC
[ Luigi Daniele is Lecturer in Law at Nottingham Trent University, where he leads the undergraduate and postgraduate modules in International Humanitarian Law.] For more than a decade international lawyers have been debating Israel’s claim against the jurisdiction of the International Criminal Court (ICC) over the situation in Palestine, notoriously based on the argument that no Palestine State exists since ‘the Palestinian Authority lacks effective control over the territory concerned’. The Office of the Prosecutor (OTP), in its recent request pursuant to article 19(3) (‘request’), argues, in line with the...06 May Michael Kearney on the Palestinian Declaration
of international law. Rather than follow the political question – that of whether Palestine is an actual state on a par with states such as Switzerland or Syria – Al-Haq has rooted its consideration of the matter strictly in international law. Al-Haq’s paper considers whether the PA exercises jurisdiction over the crimes set forth in the Rome Statute of the ICC, and whether the meaning of ‘state’ for the purposes of the Rome Statute can properly be interpreted to include an entity such as Palestine. Davenport’s paper stresses that the...
21 Feb Workplace Misconduct at the ICC – A Call to Action for Compassionate Leadership (Part I)
turnover of ICC leadership and the IER Report’s detailed analysis and recommendations, a new era of courageous and empathetic management can be upon us. By challenging systemic indifference and boldly addressing the lack of effective mechanisms within the ICC and ASP, officials can become equipped to assess the high moral character of candidates running for top positions, as well as provide a safer workplace at the ICC for all. Key to this advancement will be compassionate leadership. ‘High Moral Character’ — The #Metoo Rallying Cry for the ICC Prosecutor Election...05 Jul Can the ICC Prosecute Those Responsible for Darfur?
17 may be a foregone conclusion: if Sudan's court system was 'willing and able' to prosecute, it would be very difficult to see where the 'threat to the peace' (Article 39 of the UN Charter) could be. Accordingly, the action by the Security practically certifies that the ICC is competent under Article 17. Nicki also considers whether the Security Council has even given the ICC exclsive jurisdiction, turning it into some kind of ICTY/ICTR pro tempore. He finds little support for this. I hope I have fairly described his views,...
22 Apr ICC Sanctions Symposium: Between the Institutional and the Intellectual: The ICC-US ‘Sanctions’ Communications and the Irony of Critique
[Rashmi Dharia is a doctoral candidate at Sciences Po Law School, Paris.] As of 2nd April 2021, the Biden administration rescinded the sanctions that had been imposed by Executive Order 13928 of 11th June 2020 and its follow-up on 2nd September 2020 on ICC Prosecutor Fatou Bensouda and the Head of the Jurisdiction, Complementarity and Co-operation Division Mr Phakiso Mochochoko. The US-ICC relationship looks all set to ‘go back’ from manifest and active hostility to garden variety tropes of ‘constructive engagement’ – a story that, despite its baggage, can be...