Search: palestine icc
31 May The Power of Depositary, ICC and Palestine’s Quest for Statehood
accession was the UN GA resolution, which lifted the status of Palestine from ‘observer’ to ‘non-member observer state’ after the Security Council refused its full UN membership bid a year before. Palestine’s Statehood at International Courts Accession to the Rome Statute was not the first occasion in which Palestine sought to achieve recognition by the ICC. In 2009 Palestine lodged a declaration accepting the exercise of jurisdiction by the Court. However, Palestine’s request was rejected by the OTP, which held that it is for the relevant bodies at the UN...
15 Jun The International Criminal Court is Hardly a Threat to US National Security
of current motion practice related to jurisdictional questions) ICC Judges who rule in favor of proceeding in the Israel/Palestine investigation ICC Judges who make any ruling that assists the Afghanistan investigation in proceeding (if the ruling covers or includes US nationals in some way) ICC investigators collecting information related to either the Palestine/Israel Investigation (but only vis-à-vis Israeli crimes), or the Afghanistan investigation (but only related to US crimes). (Investigations of Palestinians or Afghan nationals seem fine with the US.) NGO involvement with the Afghanistan investigation and Israel investigation, including...25 Jul War and Peace in Israel
...Cambridge University Press, 2003 ed. *Pappé, Ilan. The Ethnic Cleansing of Palestine. Oxford, UK: Oneworld, 2006. *Pappé, Ilan, ed. The Israel/Palestine Question: A Reader. New York: Routledge, 2007. *Porath, Yehoshua. The Emergence of the Palestinian-Arab National Movement, 2 Vols. London: Frank Cass, 1974 and 1977. *Rodinson, Maxime. Israel: A Colonial-Settler State? New York: Anchor Foundation/Pathfinder, 1973. *Rogan, Eugene L. and Avi Shlaim, eds. The War for Palestine: Rewriting the History of 1948. Cambridge, UK: Cambridge University Press, 2001. *Romann, Michael and Alex Weingrod. Living Together Separately: Arabs and Jews in...
05 Feb ICC and Palestine Symposium: General Assembly Resolution 67/19 and Palestine as a State before the ICC
it declared itself to be the Government of Palestine. Palestine was not being declared as a new state in 1988. Rather, the PLO was putting itself forward as the government of a state dating back to the 1920s. The fact that the State of Palestine dates back to 1923 reinforces the Prosecutor’s analysis that Palestine is a state. The Pre-Trial Chamber need not avert to this earlier time. It can confine itself to referring to General Assembly Resolution 67/19 and to the contemporary acceptance of Palestine to conclude that Palestine...
02 Sep Back to the Drawing Board of the Partition Plan: Vice-President Sebutinde’s Erroneous Account of Palestinian and Israeli Claims of Title to the Territory of Mandatory Palestine (Part One)
...point in time (1922), the ‘people’ of Palestine in terms of population comprised of up to 11% Jewish inhabitants (an even smaller percentage if one were to include Transjordan, which was subsequently separated from Palestine pursuant to Article 25 of the Mandate for Palestine). Shalev then claims that the purpose of the Mandate for Palestine was to establish a future Jewish State. In her dissenting opinion, Judge Sebutinde refers to the proposal of a two-State solution by the Peel Commission (i.e., the Palestine Royal Commission) in 1937, and attempts to...29 Nov Yes, Palestine Could Accept the ICC’s Jurisdiction Retroactively
much I am personally in favour of an ICC case to investigate both sides of the conflict. Kevin Jon Heller RJ1983, it's an interesting question. But I think it's wrong to say that Palestine was "an entity" until today's vote. More than 100 states have recognized Palestine for years -- since before the Rome Statute entered into force. As Bill Schabas has pointed out, the ICC did not have to wait for the UNGA to upgrade Palestine's status; it could -- and should -- have recognized Palestine long before now....
28 Jun The ASP’s Response to Israeli and US Political Attacks
US resistance is based on the argument that Israel is not a state party to the Rome Statute and that the ICC cannot exercise jurisdiction over the conflict. However, there is no doubt that Palestine, having ratified the Rome Statute, falls under the ICC’s jurisdiction and the Court can exercise its jurisdiction over crimes committed by Israel in occupied territories of Palestine. Even though the legal basis of these criticisms is not sound, these politically fuelled attacks could develop into more extraordinary campaigns against the ICC. The ICC is inherently...
02 Feb Patterns of Noncompliance in Article 12(3) Cases at the ICC
of the ICC lead to deterrence of the actions prohibited under the Rome Statute? If not, why not? Why do States Seek ICC Jurisdiction? Article 12(3) is not only a legal mechanism for extending ICC jurisdiction but also indicates a selection effect. The political conditions that would motivate a State to choose this mechanism also suggest a higher likelihood for noncompliance, regardless of any actions by the ICC prosecutor or the Court. Empirically, the research on why States agree to the jurisdiction of the ICC offers some mixed findings. Simmons...
20 Apr ICC Sanctions Symposium: Sanctions and Exceptionalism
USA is back to ‘non-destructive’ mode when it comes to its engagement with the ICC. We are back to the country that Bosco Ntaganda approached for extradition to the ICC, the one that abstained from the vote when the UN Security Council decided to refer the situation in Darfur to the Prosecutor of the ICC for investigation and that spoke out when ICC fugitive Omar al-Bashir appeared at an international summit in Indonesia. That same United States is the one that occasionally sent observers to attend and address the ICC...04 Apr Which Organ of the ICC Decides Whether Palestine Is a State? (Updated)
As most readers probably know by now, the Office of the Prosecutor has finally — after three inexcusable years of inaction — officially rejected Palestine’s attempt to accept the ICC’s jurisdiction pursuant to Article 12(3) of the Rome Statute. Politically, I think the OTP has made the right decision; the ICC has enough problems without interjecting itself into one of the world’s most intractable conflicts. Legally, though, I’m not so sure: although I initially believed that Palestine could not qualify as a “state” for purposes of Article 12(3), this post...