Search: palestine icc
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...
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...
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...
12 Jun No Two Cases are the Same
the ICC indicted Putin, the USG did not object to the ICC’s jurisdiction over a non-state party as it had done in the Darfur situation. The USG hasn’t been vocal about their ability to cooperate with the ICC becauseit is not a party. Instead, President Joe Biden said Vladimir Putin had committed war crimes in Ukraine, and the lCC’s issue of an arrest warrant for the Russian President was justified. The Russian Federation, part of the UNSC, dismissed the warrants. The Kremlin said the Court’s charges against Putin were outrageous...24 Jan A Response to Kevin Jon Heller by Carsten Stahn
...transitional justice scenarios. 2. Is a change of methodology desirable? Given the existing status quo, it is questionable whether there is a need to introduce a new ‘heuristic’. (i) Relevance of a ‘sentencing heuristic’ Due to the large number of crimes committed under ICC jurisdiction, conflicts over the prioritization of ‘ordinary’ v. ‘international crime’ prosecution are a relatively rare exception. In many existing ICC situations, states have entrusted the Court with the mandate to investigate and prosecute. In these circumstances, it would be largely unfeasible to force the ICC to...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,...
09 May Why Does the United States Continue to Oppose International Courts?
...conducted in detention centers in Afghanistan from 1 May 2003. A swift response from the United States Department of State dismissed the ICC Prosecutor’s actions as “attacking America’s rule of law”. The U.S. government subsequently launched a series of visa- restriction measures against the ICC staff which intended to protect U.S. sovereignty and insulate its citizens from “unjust investigation and prosecution by the international court.” But, why all this fear and trembling? Is not the United States’ diplomatic community widely misunderstanding and misrepresenting ICC’s powers, its legal mandate, and obligations...
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...