Search: palestine icc

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...

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,...

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...

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...

referred the Situation in Ukraine to the ICC Prosecutor, who decided to immediately proceed with active investigations. Lithuania also made a separate referral. On 11 March, Japan and North Macedonia joined the collective referral, bringing the total number of referring States to 41. Referrals from the 41 ICC States Parties is the second occasion in the Court’s practice when the situation has been referred to the ICC by a group of states. The first such referral took place in 2018 when six ICC States Parties referred the situation in Venezuela....

...treaty, and, perhaps unsurprisingly, one dominated by ICC States Parties. Only Rwanda is non-states party to the ICC. This largely mirrors the diplomatic negotiations that led to the adoption of the Convention. In May 2023, of the 80 Supporting States, more than half were European. There were none from the Middle East and only three from Asia. The MLA Initiative was dominated by ICC States Parties throughout; only 7 of the Supporting States were non-States Parties. So far, it has been difficult to attract support beyond Europe.  Reservations Possibilities for...

...(UNGA), representing the international community as a whole.  While the Rome Statute’s definition of crimes is not always reflective of customary law, it is so reflective in the case of the Crime of Aggression, as the text of Article 8bis was approved unanimously by ICC States Parties and Non-Party States, including Russian representatives in conferences up to and including the ICC Kampala Review Conference in 2010. While the adoption of the aggression amendments to the ICC Statute was contentious, the controversy always involved the conditions for the exercise of jurisdiction,...

Recent commentary on Bashir’s request for a US visa to attend the 68th General Assembly has focused on US obligations to grant Bashir a visa under Section 11 of the UN – US Headquarters Agreement. See Julian’s post here. Pursuant to this agreement, there is little doubt that the US must permit his transit to the UN despite the fact that there are two outstanding ICC arrest warrant against him. Because the US is not a party to the ICC it has no obligations to cooperate with the ICC, although...

and human rights advocates who consistently overstated the benefits of international criminal tribunals without serious efforts to offer evidence of these benefits. Sadly, the ICC’s arrest warrant against Sudan’s leaders demonstrates our point. At least in the short-term, the ICC’s action is going to worsen the humanitarian crisis rather than improve it. And it will make a peace agreement harder to reach, extending the conflict. Professor Tom Ginsburg of University of Chicago calls this the ICC’s “make or break” moment. I’m not so sure about that, but it is true...

My friend and PhD supervisor Carsten Stahn has posted a very interesting discussion of Libya and the ICC at the Hague Justice Portal. Here is a taste: One possible option to reconcile domestic jurisdiction with accountability before the ICC may be a division of labor based on temporal jurisdiction. In line with the Council referral, the ICC enjoys jurisdiction as of 15 February 2011. There is no conflict of jurisdiction with respect to crimes committed prior to that date. To frame accountability in light of this distinction may, however, pose...

Eugene Kontorovich argues today at Volokh Conspiracy that Israel could minimize the likelihood of an ICC investigation into its transfer of Israeli civilians into the West Bank by emphasizing Turkey’s similar transfer of Turkish civilians into Northern Cyprus, which it has been illegally occupying for more than four decades. Here are the key paragraphs: Cyprus was a state with clear borders when Turkey invaded in 1974, and is a charter member of the ICC. If anyone should be loosing sleep over settlements suits in the ICC, it would be Turkey....

...the ICC and its desire to show its value. All these seperate parties acting independently of one another are confusing the situation and making "peace" even more elusive than were they to act together. It is, at least, clear in my mind that the state parties (and in this case) especially EU member states should come together to formulate a single agenda that they should take to the UN. The UN should then, in consultation with ICC make clear its strategy and policy goal to ICC so at least it...