Search: palestine icc
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...
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...
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...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...
25 Jul A Historic Chance Missed: Harmonization of the ICC’s Jurisdiction over the Crime of Aggression Delayed Once More
[Arne Bardelle is a senior legal advisor at the European Center for Constitutional and Human Rights (ECCHR). ECCHR has supported the reform process and is among the over 80 co-signatories of the Joint Civil Society Statement calling for harmonization of the ICC’s jurisdiction over the crime of aggression with that of the other three core crimes.] The commendable efforts to enable the International Criminal Court (ICC) to effectively prosecute the crime of aggression have, for now, stalled. On 9 July 2025, during a Special Session in New York, States Parties...04 Nov A Response to Sasha Greenawalt by Mark A. Drumbl
institutions (namely, whether created by international treaty or Security Council resolution), the role of their chief prosecutors is much more about politics than it is about law. Although Sasha is right that the ICC may involve legal actors implementing legal rules, I would add that in this process the ICC often acts as a political actor implementing policy. Furthermore, the ICC represents the zenith of liberal legalism as a response to terrible communal violence. In this regard, and to crudely paraphrase Cardozo, the ICC is a creative project, not a...18 May The Unhelpful International Criminal Court
Last year, there was lots of grousing on this blog and elsewhere about U.S. objections to an ICC referral for Sudan. Kenneth Roth of Human Rights Watch, among others, claimed that an ICC referral “would start saving lives tomorrow.” The U.S. relented and … the brutal, genocidal war continues largely unabated. Yup, those Sudanese militias are really holding back in fear of an ICC indictment. Meanwhile, the ICC (unwisely supported by the U.S. and the U.K.) appears to be a key obstacle to ending an equally brutal (but maybe not...27 Apr Japan to Join the ICC in October
island)? "The ICC needs a state that projects power independently or has regional responsibilities" The EU perhaps... Most of the EU members are parties to the Rome Statute. Daniel Graeber The ICC has no authority over anything unless a soveriegn state allows it to or requests its assistance. It's a tool for the states, so I would debate whether the ICC 'needs' anything, as it would be more accurate to say that the states need the ICC. All this talk of Abe and the ICC and no talk of brothels?...