Search: palestine icc
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...
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...
10 Jun Gendered Starvation in Armed Conflict: What International Law Fails to See
...withhold from OIS. OIS, by clear interpretation and practice in the ICC, includes materials such as food, water, and other material resources (agriculture), and—what is known from authority and customary practice in the ICC—medical supplies (including drugs) and necessary infrastructure or services to promote survival. To cite one example, an assault on healthcare facilities that disables essential medical goods and equipment may qualify as starvation by deprivation of OIS. This has been claimed in places like Gaza, where attacks such as these have been mentioned alongside a denial of ICC...
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...