Search: palestine icc
16 Jan ICC Silliness Watch — Media Edition
Regular readers no doubt know that I am obsessed with the media’s seemingly congenital inability to grasp the law and politics of the ICC. My new favorite comes via the BBC, in an article about the impending arrest warrant for Bashir: Two Sudanese groups have formally requested the International Criminal Court (ICC) not to issue an arrest for President Omar al-Bashir. He is accused of responsibility for war crimes and crimes against humanity during the conflict in Darfur. Experts warn that the motion filed could lead to a delay in...28 Apr How to Get Your ICC Arrest Warrants Enforced: Threaten More Arrest Warrants
Milan Markovic The bigger issue here is that Ocampo seems to be admitting that ICC indictments are politically-motivated. Either Ocampo has evidence to charge more Sudanese officials or he does not, but whether he moves forward should be determined by the evidence, not on the effect the indictments will have on Sudan's government. Ocampo is just making Sudan's case against the ICC with statements like this. Zygote My humble opinion is that non-cooperation with ICC and SC's Resolution constitutes an evidence of itself. The important thing to realize is that...14 Mar Breaking: Lubanga Convicted by the ICC
From AllAfrica.com: Today, International Criminal Court (ICC) judges in The Hague delivered the Court’s first verdict—a finding of guilt against former Congolese warlord Thomas Lubanga. Prosecutors accused Lubanga of the war crimes of conscripting, enlisting, and using children under the age of 15 years for combat purposes while he served as political head of the Union of Congolese Patriots (UPC) rebel group in the Ituri region of the Democratic Republic of Congo (DRC). Lubanga denied all allegations against him, insisting that he gave orders for children not to be involved...15 Jun ICC Appeals Chamber Says A War Crime Does Not Have to Violate IHL
...Conventions of 12 August 1949″; and “[o]ther serious violations of the laws and customs applicable in armed conflicts not of an international character.” In each and every case, war crimes are limited to violations of IHL. No more. The Appeals Chamber (AC) at the ICC has just unanimously held in Ntaganda that a perpetrator can be convicted of a war crime even if his act does not violate IHL. That decision is not simply “unprecedented,” as the AC openly acknowledges. It is simply incorrect — as this post will demonstrate....
07 Oct Rethinking International Law After Gaza: A Symposium and a Call to Action
...in solidarity with those fighting for justice in Palestine. In the following essay, I offer brief remarks on the value of legal scholarship and conferences in challenging established power structures, the necessity of anti-zionist—by which I mean anti-racist—activism in the struggle to liberate Palestine, and the implications of an incontrovertible consensus beyond the West. Throughout, I draw on the symposium’s texts, which I had the pleasure of editing, and observations from the conference, which I was honoured to speak at. Activism and Critical Legal Scholarship International law has a Jekyll...
17 May The Palestinian Right of Return Could Go to the ICC
has served as refuge for Arabs in the Gaza Strip, in the West Bank of the Jordan River, and in the portion of Jerusalem that came under Jordan’s control in 1948. The ICC has already had occasion to rule on the status of these three territories. In Decision on the ‘Prosecution request pursuant to article 19(3) for a ruling on the Court’s territorial jurisdiction in Palestine’ (2021), Pre-trial Chamber I found that the territorial jurisdiction of Palestine “extends to the territories occupied by Israel since 1967, namely Gaza and the...
10 Oct Rethinking International Law After Gaza Symposium: A Thought Experiment – What if we Tried to Organise the “Rethinking International Law after Gaza” Conference in the UK?
liberation movements classified as proscribed organizations. I then explain that despite the adoption of the IHRA definition of antisemitism by many British universities in 2020, organising events on the conflict in Palestine that predated the adoption of the IHRA definition was already fraught with difficulties, as demonstrated by the cancellation of a conference at the School of Law at the University of Southampton almost a decade ago. I end by suggesting that the situation in the UK is in some ways worse when organising events on the Question of Palestine...
20 Aug Muddying the Waters Still Further: A Response to Steven Kay and Joshua Kern
of Palestine by over two-thirds of UN members, its membership of international organizations and courts, and its accession to major multilateral treaties demonstrates that its statehood enjoys quasi-unanimous support. And we must remember that the recognition of Palestine in 2012 was not of a new state, but of a state that already existed, as Palestine had applied for membership in the UN in September 2011. A final word on self-determination. The UN Partition Plan, which was explicitly mentioned in Resolution 67/19, and in Palestine’s application for membership of the UN,...
11 Jul All Wars Matter? On a Different Way for International Lawyers to Engage with Armed Conflicts
...connotations, mirrored in the warm reception of (white, European, Christian) Ukrainian war victims in what, for other (racialized) refugees, remains impervious Fortress Europe. Conversely, across the decolonizing world, in activist circles, among civil society, and even for progressive international lawyers, Palestine is not just a place and not just a conflict. Rather, Palestine is a metaphor of the colonial in a supposedly postcolonial present. Palestine is giving us a preview of the brutality of the high-tech wars of tomorrow, while demonstrating the fragility of the Western liberal democratic values of...
02 Nov The Unexpected Trade and Business Implications of Israel’s Attack on Al Haq
Myanmar. In such a circumstance, it can be impossible for businesses and third-party states to comply with human rights while operating in, or selling weapons to, that state. The Due Diligence Impact of Targeting Al Haq When it comes to business and human rights in Palestine, there is simply no substitute for Al Haq. I know of no other NGO based in Palestine with the knowledge and competency it has evidenced over the years. The impact of designating Al Haq a terrorist organisation is that the due diligence ecosystem is...