Search: palestine icc
07 Aug My Podcast on Palestine and the ICC — and an Additional Thought
As I discuss in the podcast, Palestine has two roads to a potential ICC investigation of Operation Protective Edge: (1) accept the Court’s jurisdiction on an ad hoc basis retroactive to 29 November 2012, the date of UNGA Res. 69/17; or (2) ratify the Rome Statute and then file an ad hoc declaration retroactive to 29 November 2012. Although both roads would give the ICC jurisdiction over the situation in Gaza, there is actually a critical procedural difference between them — assuming that the OTP wanted to investigate (which I...22 Aug Emerging Voices: The Transformative Influence of International Criminal Law in Domestic Perspective
the normative desirability of prosecuting [perpetrators of crimes against humanity]” (par 27). From a broader perspective, the international prohibition of torture, like other international crimes, is a value-driven norm that exists for the purpose of punishing torturers as hostis humani generis wherever they may have committed the act of torture and through such punishment, to entrench the values for which the prohibition exists. Torture as a crime against humanity is criminalised under South Africa’s ICC Act. The SALC-judgment affirms the ICC Act as part of the supranational framework of criminal...14 Aug Russia’s Reversal on the ICC?
ICC involvement in South Ossetia would thus represent a considerable shift in policy toward the Court, perhaps opening the door to eventual ratification of the Rome Statute — which would be a very good thing, both for Russia and for the ICC. We will see what happens. Human Rights Watch has already publicly claimed that Russia is deliberately exaggerating the number of civilian casualties in South Ossetia. If that’s true, Russia’s ICC claims may prove to be all talk and no action. UPDATE: You can’t trust the media to get...28 Apr One Big Wall Street Journal Lie
Whoops, spoke too soon about the WSJ‘s anti-ICC editorial. It does indeed contain a lie — and its a doozy: What’s more, no amount of reform of the founding treaty will change the ICC’s inherent flaw. The ICC is a child of the doctrine of “universal jurisdiction,” which holds that courts can adjudicate crimes committed anywhere in the world. As anyone who has spent five minutes reading the Rome Statue knows, the Court is based on two forms of jurisdiction: territorial and active-nationality. Both of which the U.S. uses and...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...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...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...
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...