Search: palestine icc
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...27 Feb Kenyan Appeals Court Strongly Affirms That al-Bashir Cannot Claim Immunity As a Defense Against the ICC’s Arrest Warrants
...he return to the country. The judgment of the Kenyan Court of Appeal is of regional and international significance in the face of increasing threats of collective withdrawal of African countries from the ICC. Most particularly, after failing to arrest al-Bashir on a visit to South Africa in 2015, the South African government appears to be charging ahead with its intention to withdraw from the ICC by proposing the enactment of woefully inadequate domestic legislation. As a decisive statement by an African court this judgment will be useful for human...17 Aug And So It Begins… Social Media Evidence In An ICC Arrest Warrant
[Emma Irving is an Assistant Professor of Public International Law at the Grotius Centre for International Legal Studies of Leiden University] The ICC’s most recent arrest warrant, issued on the 15th August 2017, should have us all talking for one important reason: it is the first ICC arrest warrant to be based largely on evidence collected from social media. This was a move that was bound to come, and it aligns the ICC with the realities of many of today’s conflicts. The ICC arrest warrant in question was issued against...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...
02 Jul The Use of Benchmarks in the Colombia Situation: An Opportunity for a Victim-Oriented Approach to ICC Complementarity
...the Prosecutor (OTP) of the ICC in the context of its ongoing preliminary examination in Colombia. In accordance with the ICC’s complementarity principle, the OTP is closely monitoring whether Colombia’s national efforts towards accountability for crimes potentially falling under ICC jurisdiction are sufficient, or whether they warrant the opening of a formal investigation. Recently, the OTP announced that it will use benchmarks for this determination. This post proposes a central role for victim’s rights and interests in the OTP’s analysis and the conceptualization of said benchmarks. Colombia’s Special Jurisdiction for...