Search: palestine icc
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...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...
26 May Affective Justice Symposium: Politics and Law in Kamari Clarke’s Affective Justice
...apparent than in Clarke’s comparison of the ICC and the African Court. The ICC is not, in Clarke’s account, a-political but it appears to many as a “corruption of justice” (173) because it does not seek to identify and redress the deep conditions of violence in Africa. Indeed the politics of the ICC are politics in the derogatory sense: the ICC represents political interests of the global north, holding African but not European leaders accountable for violence and thereby undermining African political and economic self-determination (170). This is the so-called...
23 Jun The Sentencing of Dominic Ongwen: A Normative Inquiry
these two questions, highlighting important issues with the Court’s reasoning behind its abstention from imposing a life sentence in this case. Through this, it attempts to shed much-needed light on the considerations that underlie the ICC’s sentencing of convicts. Analysing the Sentence The ICC has a difficult role in functioning as a victim-centric Court, while attempting to balance this against the rights of convicts. As the Court noted in Ongwen’s sentencing, while victims should be heard, ‘revenge’ should not guide judicial decision-making. Article 78(1) of the Rome Statute requires it...
17 Aug States of Justice Symposium: Quo Vadis? A Review of Oumar Ba’s ‘States of Justice: The Politics of the International Criminal Court’
presumed weak and strong states to the extent that even when the Prosecutor sought to launch the first major investigation that implicates a major world power in Afghanistan, the result has been a strong rebuke from the US government. Even within the weaker states where the ICC has operated in most of its existence, state agents who have been targeted have found it easier to attack the ICC on the basis of perceived bias against weaker states. The pushback has resonated well especially when it is punctuated by sentiments of...05 Aug Emerging Voices: Configuring Admissibility Challenges in the ICC–Civil Dispute or Part of the Criminal Proceedings?
implications, particularly on issues of burden and standard of proof. The ICC has not produced significant jurisprudence on these issues in its first eleven years of existence. Decisions on issues of complementarity have focused on the technical interpretation of statutory provisions, usually in challenges brought by defendants. To a large extent, this is the result of the prevalence of “self-referrals” in those situations which have been brought to the Court, meaning that the relevant states have not sought challenge the prosecutions brought in the ICC. In the few non-self-referred situations...
12 Oct How to Prepare the International Criminal Court for Our Digital Future
digital information creates challenges for ICC investigators, who need to identify, collect, and preserve relevant evidence hidden in a sea of information that is vulnerable to alteration or destruction, while navigating an environment filled with mis and disinformation. This volume and vulnerability of digital information also creates challenges for the judges, who must assess the admissibility and weight of digital evidence. Focusing on the procedures and practices at the ICC, we recently published an article in a Special Volume of the Journal of International Criminal Justice that considers whether the...