Search: palestine icc
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...
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...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...
24 May An Overview of the Principle of Complementarity
12 Republican senators sent to the Prosecutor, threatening to sanction him, other ICC employees, and their families if he proceeded to apply for arrest warrants: The ICC is also prohibited by its charter from proceeding in any case unless the relevant government is unwilling or unable to police themselves. You yourself have said that “Israel has trained lawyers who advise commanders and a robust system intended to ensure compliance with international humanitarian law.” By issuing warrants, you would be calling into question the legitimacy of Israel’s laws, legal system, and...
11 Jan ICC Preliminary Examinations – Where is the Gender Analysis?
and prosecution of sexual violence and other gender-based crimes (SGBC). In an interview prior to his election, Khan said that he would review the ICC Office of the Prosecutor’s (OTP) SGBC Policy 2014, now in its eighth year of operation. The Policy was a central part of the former Prosecutor Fatou Bensouda’s push to elevate SGBC and improve the ICC’s record on investigating and prosecuting these crimes. It applies to all OTP activities, yet it has not been subjected to a comprehensive evaluation by ICC watchers or the OTP itself....
05 Aug Complementarity, Catalysts, Compliance Symposium: Two Problems of Positive Complementarity in the Context of the DRC
the author’s preference for the so-called positive complementarity. It should be remembered in this regard that the principle of the complementarity of the ICC lends itself to two different logics. The first is negative complementarity. It translates into an antagonistic view of the relationship between the ICC and national courts. Article 17 of the Rome Statute aims to organize this relationship to avoid conflicts of jurisdiction between the ICC and national courts in prosecuting crimes under the Rome Statute. The second logic is that of positive complementarity, the legal basis...15 Apr Some Thoughts on Eric Posner’s WSJ Editorial
this exists at the global level, the ICC’s choices are inherently political. Now we transition, for some unknown reason, to the ICC. This is the typical far-right critique of the ICC, but it gets no better no matter how many times it is repeated. Domestic prosecutors “rely on common values and ultimately answer to the people”? I seem to recall the Alberto Gonzalez era, when being a Democrat meant that you would be disqualified from being hired by the DOJ or end up prosecuted for imaginary crimes. (Sorry, Mr. Siegelman.)...
18 Mar Russian Violations of IHL: The ICC is Not the Complete Answer
quick involvement in investigating potential war crimes. However, the ICC is not going to be able to offer comprehensive accountability for all the violations of IHL – simply because the Rome Statute’s substantive law under Article 8 only covers a portion of IHL. This post examines briefly what the ICC can prosecute, and then undertakes an in-depth examination of the challenges the limitations of Article 8 of the Rome Statute (RS) will present with regards to the Ukraine-Russia conflict. IHL Violations the ICC Can Prosecute There are a number of...
29 May Affective Justice Symposium: An Anthropology of International Criminal Justice Across Multiple Scales–A Response to Commentaries
...are interpreted differently by various actors. I continue to oppose narrow technocratic analyses of international law in relation to these Africa-ICC debates precisely because this approach inherently erases both voices of resistance (regardless of the actors) and, more seriously, alternate possibilities for innovation. Affective Justice explains that the ICC, ICTY, and ICTR have statutory provisions that reject head-of-state immunity. However, in domestic courts, as opposed to international ones, personal immunity remains firmly established as a matter of international law. The larger debate in ICC-Africa circuits is around how functional immunity...04 Aug The International Criminal Court at 14
Justice Minister Sidiki Kaba. The Secretary General of the United Nations Ban Ki-Moon also attended, along with former ICC Presidents and Judges. In his remarks, the Secretary General said that the inauguration was a “milestone in global efforts to promote and uphold human rights and the rule of law”. The ASP President said that this was a “day of hope for all victims of mass crimes in the world”. President Fernandez announced that the Court was “here to stay”. But setting the rhetoric aside, how does the ICC’s report card...