Search: palestine icc
08 Jun Notes on Zivotofsky
...that the US government had officially recognized the State of Palestine in 1932: "The contention of the plaintiff that Palestine, while under the League of Nations mandate, was not a foreign state within the meaning of the statute is wholly without merit. . . . Furthermore, it is not for the judiciary, but for the political branches of the Government to determine that Palestine at that time was a foreign state. This the Executive branch of the Government did in 1932 with respect to the operation of the most favored...
11 Mar A Forgotten Detail: The Right of Return was a Condition of the Establishment of the State of Israel
...strategy of the armed conflict between Arabs and Jews in Palestine. The majority of these refugees have come from territory which, under the Assembly resolution of 29 November [1947], was to be included in the Jewish State […] It would be an offence against the principles of elemental justice if these innocent victims of the conflict were denied the right to return to their homes while Jewish immigrants flow into Palestine, and, indeed, at least offer the threat of permanent replacement of the Arab refugees who have been rooted in...29 May Discussing Legal Discourse in the Israeli-Palestinian Context
attempt to find a solution for the looming conflict and...transferred the question of Palestine to the United Nations." The future of Palestine's fate was then placed "into the hands of a Special Committee for Palestine, UNSCOP, none of whose members turned out to have any prior experience in solving conflicts or knew much about Palestine's history." It was UNSCOP that "recommended to the UN General Assembly to partition Palestine into two states, bound together federation-like by economic unity. It further recommended that the City of Jerusalem would be established as...04 Mar The OTP Should Have Appealed the Palestine Decision
As readers no doubt know, Fatou Bensouda announced yesterday that the OTP is opening a formal investigation into the situation in Palestine. Doing so was a foregone conclusion, given the Pre-Trial Chamber’s recent decision that the ICC has jurisdiction over crimes committed in Gaza, the West Bank, and East Jerusalem. Regardless, even if the bulk of the work will fall to her successor, Karim Khan, Bensouda deserves credit for not being cowed by Israel’s ridiculous allegations of anti-semitism or by the US’s indefensible sanctions against her, which the Biden administration...
10 Oct Rethinking International Law After Gaza Symposium: International Law Beneath the Rubble – Academic Complicity in Gaza Genocide
...violence, coexists with we condemn protests against genocidal violence. By promoting this cynical logic, academic institutions maintain that support for Palestine constitutes a negation of one’s civility and belongingness to these institutions. It is not an exaggeration to say that the treatment of pro-Palestine activists today is that of outlaws. Exclusion Through Faux Inclusion Palestinian scholars of international law are particularly vulnerable to the sharp end of this colonial enterprise, facing a paradoxical relationship with these institutions that is deeply troubling. On one hand, Palestinian scholars are courted as symbols...12 Oct Peaceful Settlement in Uganda Jeopardized by ICC Arrest Warrants
The story coming out of Uganda bears emphasis for its impact on the ICC doctrine of complementarity. Under Article 17 of the Rome Statute, “the Court shall determine that a case is inadmissible where … [t]he case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution.” The ICC website indicates that “the International Criminal Court will complement national courts so that they retain jurisdiction to try genocide, crimes against humanity and...
10 Mar The Significance of the ICC Appeals Chamber’s Ruling in the Afghanistan Situation
...obtainable. Such double-standards are anathema to the functioning of a judicial institution. Facing the challenges ahead No one believes the Afghanistan investigation will be easy. It will be complex, remote from The Hague, costly, and could result in adverse political repercussions by those who do not want to see the investigation proceed. The Appeals Chamber, however is sending an important signal that the ICC should not be dissuaded from carrying out its mandate even in such circumstances. The ICC States Parties must now ensure that the Prosecutor has sufficient funding...