Search: palestine icc
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...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...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....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,...
30 Jul Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Chains of Oppression: The Interconnected Struggles for Justice in Palestine, Kashmir and Sudan
Sudan. Insights from revolutionary thinkers like Edward Said, Arundhati Roy, and Frantz Fanon highlight the necessity for transnational solidarity in anti-colonial resistance. Through an examination of these regions, this post uncovers how enduring colonial legacies and modern geopolitical manoeuvres perpetuate cycles of oppression, revealing the need for a unified, informed approach to achieving global justice. Parallels in Oppression The conflicts in Palestine, Kashmir and Sudan are shaped by the overlapping influences of historical injustices and modern geopolitical agendas, leading to prolonged struggles for justice and self-determination. In Palestine, over half...
19 Aug To Recognize or Not to Recognize – is That Really the Question? On State Recognition Amid Genocide
...Palestine, around 75% of the UN General Assembly. The State of Palestine is party to a number of treaties, including the Rome Statute. Yet, the genocide and annexation are not simply ongoing, they are accelerating. Would the opposite of that then mean that if, miraculously, Israel stopped its genocide in Gaza and annexation of the West Bank, the UK would not recognize Palestine? What is peculiar about the UK’s use of state recognition as a proverbial stick (and a floppy one at that) against Israel is its sidelining of actual...14 Mar Israeli Law Firm Wants the ICC to Investigate the PA and Hamas
...leaders, an Israeli lawyer, Mordechai Tzivin, was the first to strike, filing a complaint and request for an investigation. The request is unprecedented not only because it involves the Israeli-Palestinian conflict and is against “Palestine” as a state and its leaders such as Abbas and nine Hamas members, but also because it is filed by an individual law firm as opposed to by a state. Generally speaking, the ICC can only hear cases filed by states. However, as the Tzivin wrote in his request to Bensada, the ICC prosecutor has...