Search: palestine icc
03 Jan The ICC Prosecutor’s Double Standards in the Time of an Unfolding Genocide
half since he was sworn in on 16 June 2021, inheriting an opened investigation into the situation in Palestine from his predecessor. A few things suggest that the Palestine situation has not been a priority for Khan before October 2023. It seems that no ICC investigator has ever visited Israel or the Palestinian territory. A further signal of the Court’s paralysis in the Palestine situation is the allocation of resources (contra, see here): the Office of the Prosecutor (OTP) assigned no funds to the Palestine situation in 2022 (the budget...01 Apr A Rejoinder to Avraham Shalev: The Colonial Nature of Israeli Claims to Palestinian Territory
...Mandate of Palestine constituted a single, non-independent, Palestinian state by arguing that this was impossible, because the Mandate’s (sole?) purpose was the “establishment in Palestine of a national home for the Jewish people”. The second part counter-argues that Israel’s rights over the West Bank are premised on the uti possidetis principle, as successor to Mandatory Palestine. I will address each claim separately. The Mandate of Palestine and Coloniality Perhaps the most surprising claim in Shalev’s post is his assertion that the Zionist efforts to establish a Jewish home in Palestine...
02 Apr Putting the International Criminal Court’s Palestine Investigation into Context
...the latest UN investigatory bodies on Palestine. The UN Commissions of Inquiry on the 2014 Gaza Conflict and the 2018 Great March of Return demonstrations in the Gaza Strip, which were mandated to “identify those responsible”, compiled dossiers on alleged perpetrators and recommended that the Office of the High Commissioner for Human Rights make these files available to the ICC. The ICC’s investigation into the Situation in Palestine must now build on the findings of these mechanisms. Finally, as important as the ICC process is to challenge Israeli impunity, it...
03 Oct The ICC State Parties’ Presidency of the UN Security Council: A Momentous Opportunity to Provide the Limbless Giant with Limbs to Walk and Work
of those convicted. Starting with the current presidency of Ireland, from September 2021 to January 2022, the United Nations Security Council (UNSC) presidency is going to be for ICC State parties, uninterrupted. This poses a historic opportunity where a collective effort by Ireland, Kenya, Mexico, Niger and Norway could keep the discussions regarding the cooperation between the UNSC and the ICC on the UNSC agenda for that period. Preferably, such initiative would be conducted at both the UNSC and the ICC Assembly of States Parties (ASP) simultaneously, with prior agreement...
14 Aug Reevaluating the Opening of the African Union Liaison Office (AULO) in Addis Ababa: A Worthwhile Consideration?
the ICC regarding its engagement with African countries and to African countries regarding their domestic effort and cooperation with the ICC. AU’s View on Long-Term Prospects with the ICC and Measures for Cooperation The AU member states hold differing opinions on the long-term prospects of its relationship with the ICC. However, the AU has taken some consensus approaches to ensure constructive engagement and cooperation moving forward: Dialogue and Engagement: The AU has emphasized the importance of constructive dialogue with the ICC to address concerns and enhance cooperation. While supporting international...28 Apr Bellinger on the United States and the ICC
the ICC’s Darfur work is likely to do more than any other factor in the near term to shape U.S. perceptions of the role and impact of the ICC…. Darfur is … a good example of an area where, with respect and goodwill on all sides, there may be opportunities for constructive cooperation…. A second more general area that will shape U.S. views and policy toward the ICC in the coming years will be the impact of the ICC’s work on the UN Security Council…. Now that the ICC is...16 Dec “If Palestine is a State”: the Two-State Solution and Palestine’s Position in the Westphalian Myth
...since October, two widely read articles (see here and here) have analysed various aspects of the ongoing conflict in Gaza by assuming the widespread methodological choice that international legal issues involving Palestine need to be structured around a matrix, where one conclusion applies “if Palestine is a state” and another “if Palestine is not a state”. This should not come as a surprise. The “if Palestine is a state” matrix is a methodology that fits neatly into the predominant mythos that underlies international legal discourse: the idea that the key...
28 Jul The Oslo Accords and the International Criminal Court’s Jurisdiction in the Situation in the State of Palestine
of Palestine. She concluded there were reasonable grounds to believe that “war crimes have been or are being committed” in the Occupied Palestinian Territory (OPT). However, she sought the confirmation of the ICC Pre-Trial Chamber that the ‘territory’ over which the Court may exercise its jurisdiction under article 12(2)(a) comprises the OPT, that is the West Bank, including East Jerusalem, and the Gaza Strip. (Prosecutor Request, paras. 5 & 202) Accordingly, the Pre-Trial Chamber, invited Palestine, Israel and the victims to submit written observations on the Prosecutor’s Request. (Court’s Order,...23 Jun The ICC Commits Cooperation Seppuku
the ICC. The ICC must — absolutely must — remind Libya of that fact. Mushy statements like the one the ICC just issued are nowhere near enough. So why didn’t it? Sadly, I think there is only one plausible explanation: Melinda Taylor is a defence attorney, and the ICC cares far less about defence attorneys than about prosecutors and other staff. I find it impossible to believe that the Court would react so mutely to the detention of a prosecutor or investigator investigating government officials in a state. I think...
03 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 Two)
...and the Mandate for Palestine intended or envisaged the subordination of the Arab population of Palestine through Jewish immigration or the creation of a Jewish State in Palestine. This part will continue by considering issues of self-determination and uti possidetis juris. Self-determination In their contribution, Bell and Kontorovich make the spurious argument (p. 681, 684-686), with Judge Sebutinde in their wake (para. 79; also para. 8), that the Mandate for Palestine granted the Jewish people a right of self-determination with respect to the territory of Mandatory Palestine. Indeed, Bell and...