Search: palestine icc
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...
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...
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...
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...
16 Sep Prosecuting Denial of Right of Return of Georgian IDPs under the Rome Statute
...on the ground of “destination requirement”: while deportation involves displacement across national borders, a forcible transfer is committed within the national borders (Rohingya Decision, para. 57). The Possibility to Prosecute Denial of Right of Return of Georgian IDPs by the ICC On 27 January 2016, ICC authorized the Prosecutor to open proprio motu investigation in the Situation in Georgia in relation to alleged CaH and war crimes committed in and around Tskhinvali Region in the context of Russian-Georgian international armed conflict of 2008. One of the alleged crimes on which the ICC’s...
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...23 Apr Guest Post: The ICC Changes Its Mind on the Immunity from Arrest of President Al Bashir, But It Is Wrong Again
members, which detain the veto, are not parties to the ICC Statute, to me, it was simply preposterous to confer a right of referral of the ICC to the SC. Clearly, this is a grave breach of the principle of independence of justice. Sometimes, I wonder whether the ICC is not a “baby” of the SC? (2) Despite this “congenital malformation”, one could expected that ICC judges do their best to escape from the clutches of the SC, by interpreting the Statute in a way which makes them more independent....