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Search: palestine icc

10 Feb

aspect of her article is Power’s obvious contempt for the Bush Administration, which undercuts her otherwise very persuasive piece. In a very unfair (but effective) phrase, she accuses the Bush Administration of not being able to decide whether it dislikes “genocide” more than the ICC. This is unfair because she is equating opposition to the ICC with condoning genocide. The ICC may be great, but surely Power must concede there are some reasonable objections to the ICC and that one can still want to prosecute genocide while still opposing the...
10.02.05 | |

16 Feb

...to remain in country under witness protection auspices; the ICC itself has very little ability or capacity to safeguard Salikov on its own. The threat to Salikov’s life also means that the ICC must work quickly to preserve its interviews and testimony so that these can be used in later proceedings even if Salikov later becomes unavailable. Conclusion: The ICC has a Historic Opportunity to Advance the Ukraine Investigation and Bring Justice for Wagner Group War Crimes Elsewhere For years the world has watched in horror as the Wagner Group...
16.02.24 | , and |

02 Oct

...Article 15bis(4), in addition, allows States Parties to opt out of crime of aggression jurisdiction. The former is what prohibits the ICC from investigating and prosecuting the crime of aggression related to the situation of Ukraine. The second has proven less significant to date as only two states have employed the opt out.  To close the resulting jurisdictional gap, GIPA experts have proposed an amendment that would replace paragraphs (4) and (5) of Article 15 bis with the same jurisdictional rules that apply to the ICC’s other core crimes. This...
02.10.23 | |

03 Jan

...1947 to recommend termination of the British Mandate of Palestine and partition of Palestine between Arabs and Jews (the original two-state solution). Britain planned to terminate control over the Mandate on 15 May, but they obstinately refused to allow the Palestine Commission, which was to assume control of the Mandate until the partition could be practically worked out, to enter into the Mandate before 1 May. Thus, the Commission would have exactly two weeks to prepare to assume control of the Mandate. However, the Mandate was rife with Jewish-Arab conflict....
03.01.09 | |

23 Dec

...cooperate with any indictments that may be handed down. See http://www.standardmedia.co.ke/InsidePage.php?id=2000024824&catid=4&a=1 And for Henry Kosgey see http://www.nation.co.ke/News/politics/Kosgey%20says%20ready%20to%20work%20with%20ICC/-/1064/1073474/-/clvbgj/-/index.html The Executive Branch has set up a cabinet committee to coordinate with the ICC’s investigation and there is no indication howsoever that the President or Prime Minister would want to protect either Uhuru Kenyatta or Ambassador Francis Muthaura, a close confidant and Secretary to the Cabinet from those prosecutions if they are permitted. There is therefore yet to be an issue of handing anyone to the ICC unlike in Bashir’s case. I think...
23.12.10 | |

28 Oct

given the drafters of the Rome Statute’s quite deliberate decision not to give the ICC retroactive jurisdiction. Few Latin American governments would have ratified the Rome Statute if they knew that their actions during the Dirty War would be open to judicial scrutiny. But let’s assume the ICC will recognise continuing crimes. Would that mean the Lago Agrio plaintiffs have a case? It’s an interesting question. As noted above, it’s possible that Chevron’s deliberate pollution of the Lago Agrio region qualified as the crime against humanity of forcible transfer; “forcible”...
28.10.14 | |

26 Mar

...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...
26.03.10 | |

24 Jan

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...
24.01.13 | |

03 Dec

...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...
03.12.07 | |

20 Jan

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....
20.01.15 | |

10 May

...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...
10.05.08 | |

04 May

...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...
04.05.15 | |