Search: palestine icc
10 Jul Does International Criminal Justice Deter Criminals?
...rests on the deterrence rather than the retribution rationale. The U.S. supports international criminal courts set up to punish specific sets of crimes occurring in a particular place. The ICC is a permanent court with wide jurisdiction. The main superiority of the ICC is that it supposedly creates a deterrence effect that ad hoc courts set up after the fact (as in Yugoslavia and Rwanda) cannot. But if there is not much of a deterrence effect, why shouldn’t we rely on ad hoc criminal tribunals, as the U.S. has suggested?...21 Jun Makdisi on the Language of Israel and Palestine
UK: Cambridge University Press, 2003 ed. Pappé, Ilan. The Ethnic Cleansing of Palestine. Oxford, UK: Oneworld, 2006. Shafir, Gershon. Land, Labor and the Origins of the Israeli-Palestinian Conflict, 1882-1914. Cambridge, UK: Cambridge University Press, 1989. Shamir, Ronen. In the Colonies of Law: Colonialism, Zionism, and Law in Early Mandate Palestine. Cambridge, UK: Cambridge University Press, 2000. Shlaim, Avi. The Politics of Partition: King Abdullah, the Zionists and Palestine, 1921-1951. Oxford, UK: Oxford University Press, 1990. Smith, Charles D. Palestine and the Arab-Israeli Conflict. Boston, MA: Bedford/St. Martin’s, 2004 ed. Tessler,...02 Jan The ICC and Saif: After International Intervention, Avoiding Victor’s Justice
Now, after the capture of Saif Ghadaffi, the meaning of this obligation is being put to the test. Saif is wanted by the ICC for war crimes; but the Libyan authorities want to prosecute him in the country’s own courts. The ICC prosecutor, Luis Moreno Ocampo, takes the view that Libya has a right handle on Saif’s trial, provided its courts are up to the task. Ocampo is relying on a principle of the ICC’s Statute, known as “complementarity”—the principle which allows for a challenge to ICC jurisdiction on the...16 Jan ICC Silliness Watch — Non-Media Edition
Turkey on wednesday. ‘Speakers of Asian parliaments will bring the guilty to the ICC as war criminals’, said Agung, Speaker of the Indonesia parliament, as reported by Antara, the Indonesian news agency.” There is, of course, one small problem with this idea: even if Israel has committed war crimes in Gaza — and I certainly believe it has — the ICC does not have jurisdiction over them. As Moreno-Ocampo quickly pointed out, Israel is not a party to the Rome Statute. To be sure, Israel could accept the ICC’s jurisdiction...02 Jul Taylor Released! (Though Not Because of Carr) (Updated)
...Taylor and the ICC staff out of Libya. It certainly wouldn't surprise me if that was the case. Kevin Jon Heller So it's not enough to take Taylor hostage; as part of the ransom, the ICC has to humiliate itself, as well. I think this is the least confident I have ever been that the ICC can succeed as an institution. Kevin Jon Heller It's also revealing, as I noted in the post, that the Libyan representative acknowledged that Libya always knew it couldn't prosecute Taylor. So it didn't even...10 Sep ICC’s Ocampo Indicates Probe Underway into NATO Actions in Afghanistan
has the right to try its own citizens for the alleged crimes, and the ICC can step in only after determining a national court was unable or unwilling to pursue the case. Luis Moreno-Ocampo, the ICC prosecutor, said in remarks Wednesday that: The ICC’s preliminary inquiry is “very complex,” Mr. Ocampo said. The court is trying to assess allegations of crimes including “massive attacks,” collateral damage and torture, he said, adding that his investigators were getting information from human-rights groups in Afghanistan and from the Afghan government. Anyone following the...19 Jan Guest Post: Meloni–Can the ICC investigate UK higher echelons’ command responsibility for torture committed by the armed forces against Iraqi detainees?
...inflicted, which would clearly amount to war crimes. 2. This is not the first time that the behaviour of the UK military forces in Iraq is challenged before the ICC. In fact, hundreds of complaints have been brought on various grounds both to domestic courts and to the ICC since the beginning of the war. As for the ICC, after the initial opening of a preliminary examination, following to over 404 communications by Iraqi victims, in 2006 the ICC Prosecutor issued a first decision determining not to open an investigation...
03 May Forget the Security Council: The General Assembly Can Admit Palestine
the United States supports Palestine statehood only “in the context of a comprehensive peace agreement.” Israel has said it will not negotiate a peace agreement that would involve its acceptance of Palestine statehood. From the Security Council’s report on the April 18 Palestine vote, it will be apparent to the General Assembly that the US reasoning that prevented a positive recommendation is well outside an international consensus. Twelve states supported the Palestine application. The ground has been laid for the General Assembly to act. In the wake of the Security...15 Aug The Waters Were Already Muddy: A Rebuttal to Victor Kattan
Steven Kay QC is Head of Chambers at 9 Bedford Row. Joshua Kern is a barrister at 9 Bedford Row). On 3 July 2019, we submitted a communication to the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) (summarised here) which argued that Palestine’s objective legal status as a non-State entity, as well as Palestine’s indeterminate sovereign territorial claim, operate as barriers to the exercise of ICC jurisdiction in potential cases. On 9 August, Victor Kattan responded on these pages (here and here) by suggesting that our communication constitutes...
29 Jul Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Race as a Tool of Oppression: Settler Colonialism in Africa and Palestine Through the Lens of Black Radical Thought
the context of Palestine, this discourse portrays Palestinians as backward, uncivilised, and therefore undeserving of self-determination. The Israeli state’s policies and land confiscation, settlement construction and restriction of Palestinian movement are often justified through a discourse of security and civilisation that is deeply rooted in racial othering. As Davis points out, the Israeli occupation of Palestine is one of the most blatant cases of state commitment to apartheid and racism. The Zionist project in Palestine has employed Orientalist discourse and intersectional oppression in several key ways. Zionist narratives often portray...