Search: palestine icc
26 Mar When Bad Things Happen to Good Scholars (Koh and the ICC Edition)
...Working Group would permit either the General Assembly or the ICJ to trigger the ICC’s jurisdiction if the Security Council fails to act. The US position is also, of course, a political non-starter. There are only five countries in the world who would be happy conditioning the ICC’s jurisdiction on the Security Council determining that an act of aggression has taken place — the five members of the Security Council with a permanent veto. The ICC would be better off not having jurisdiction over aggression than allowing the P-5 to...24 Jan Why It (Formally) Matters Whether Palestine Ratifies the Rome Statute
David Bosco has an important post at The Multilateralist today reminding people that Palestine does not have to ratify the Rome Statute for the ICC to be able to investigate the situation in the West Bank and Gaza. As David notes, because Palestine has filed a declaration under Article 12(3) accepting the Court’s jurisdiction on an ad hoc basis, the Prosecutor already has the authority to initiate an investigation, should she so choose. That said, it still matters — at least formally — whether Palestine takes advantage of its newly-recognized...03 Dec ICC Jurisdiction Over GTMO – One Step Away?
...would be reluctant to engage the ICC either as a party or ad hoc, not to mention the political will of the ICC to take up any investigation, particularly in the face of undoubted U.S. hostility. Still, it seems to me that the U.S. policy here of denying certain constitutional rights to detainees extraterritorially operates in some tension with the U.S. policy to limit the circumstances in which U.S. forces would be subject to ICC jurisdiction. The more the U.S. emphasizes GTMO’s outside the United States’ territorial sovereignty, the more...04 May Breaking the Silence — About Israel’s Assault on Gaza
...1993 in respect to the return of persons displaced by the 1967 war. Israeli leaders routinely claim that repatriating even one of those refugees would cross an imaginary red line. I predict Hamas will continue to insist upon their right of return. RE: As for the “Jewish state” issue, let me point out that Palestine’s constitution defines it as a Muslim state. Yes, but it explicitly stipulates: "Article 4(1) Islam is the official religion in Palestine. Respect for the sanctity of all other divine religions shall be maintained. ...Article 9...20 Jan Why the Palestinian Authority Should Avoid Arafat’s Death
off, though, with a second declaration that looked back to 2004. There would be no conflict between the judiciary and the OTP if the judges refused to conclude that Palestine was a state when Arafat died; on the contrary, the OTP seems to believe that Palestine was not a state — at least for purposes of ICC membership — until the UNGA upgraded its status. Moreover, the judges can’t exactly relish having to determine not only when Palestine became a state, but also the proper test for making that determination....10 May U.S. Law Professor “Demands” to Represent Iran in Case Against israel
...a modern phenonomen in general. In other words, specifically those of the subtitle to Ilan Pappe's A History of Modern Palestine (2004): "One Land, Two Peoples." See, for instance the following works of standard scholarship (books, in English): Farsoun, Samih K. (with Christian E. Zacharia). Palestine and the Palestinians. Boulder, CO: Westview Press, 1997. Gerner, Deborah J. One Land, Two Peoples: The Conflict over Palestine. Boulder, CO: Westview Press, 2nd ed., 1994. Hadawi, Sami. Bitter Harvest: A Modern History of Palestine. New York: Olive Branch Press, 1989. Khalidi, Rashid. Palestinian...21 Nov A (Partially) Dissenting View on the US “Observing” the ICC Review Conference
to join the ICC in the near future (if ever). But increased US engagement with the Court can have significant benefits for both parties. That said, it is important to emphasize that the US’s new “Observer” status is not without its drawbacks. The US has not abandoned its basic objections to the ICC — the independent prosecutor, automatic jurisdiction over crimes committed on the territory of a State Party, no formal Security Council control over the ICC’s docket, etc. — despite the fact that they are non-starters for the Assembly...08 Dec African Withdrawals Mask the Real Issue at the Assembly of States Parties 15
the ICTY and ICTR and now their move to the MICT. In contrast, as the ICC has 124 States Parties, and is involved in ten different situations, the ‘start-up costs’ that these other Courts faced are borne by the ICC each time it begins work in a new situation, including field costs, interpretation and translation costs. Second, neither the ICTY nor the ICTR provided any opportunity for victims to present their testimony before the Tribunal outside of serving as a witness. The much broader role for victims at the ICC,...