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Search: palestine icc

20 Aug

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,...
20.08.19 | |

02 Nov

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...
02.11.21 | |

07 Oct

...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...
07.10.24 | |

01 Feb

...committed across Palestine.  Crucially, our analysis cannot begin on 7 October 2023, but must consider the patterns of gender and reproductive violence that are integral to the infrastructure of Israeli apartheid and occupation. Within these systems women’s bodily and reproductive autonomy are systematically curtailed. As Ammal Awadallah, the executive director of the Palestinian Family Planning and Protection Association (PFPPA), has stated: what is happening now in Gaza is an accumulation of years of neglect and a lack of resources in Palestine’s health system, particularly reproductive care, as a result of...
01.02.24 | and |

11 Jul

...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...
11.07.25 | |

23 Sep

...International Criminal Court (ICC).” In this way, these countries can contribute towards shaping the ICC’s role in promoting international justice to address serious crimes, which may extend to include ecocide. The appropriate international forum for criminalizing ecocide is the Assembly of State Parties to the ICC, which can amend the Rome Statute to include the crime. International criminal law has scope to prevent ecocide and other environmental crimes despite the legal, practical and conceptual challenges (see Sarlieve 2020; Mackintosh 2020) It is a new area of international law with an...
23.09.20 | |

26 Feb

its negative implications when the same Boris Johnson government had a national competing for perhaps the most important and visible international criminal justice position in the world: Prosecutor of the International Criminal Court (ICC). UK Barrister Karim Khan has now been elected. The result is that the states parties to the ICC have rewarded a country that is undermining international justice. And some of the other players in the international community let it happen, without raising their voices. There is no question the UK is pleased the next Prosecutor will...
26.02.21 | |

20 Apr

Here’s what’s been happening in the world of the ICC: The UN Mission in the Congo, the ICC, and the governments of Germany and the DRC are working to transfer Ignace Murwanashyaka — the FDLR leader whose situation I discussed last week — to the ICC to stand trial. Their efforts are bound to further antagonize the Rwandan government, which has already expressed its desire to prosecute Murwanashyaka, who is Rwandan Hutu. Uganda’s Parliament has passed a law that authorizes the exclusion of certain individuals — primarily high-level officers in...
20.04.06 | |

05 Nov

Transitional Justice Policy) that elaborately provides for reparations. Given the importance of this case for the situation in northern Uganda, ICC outreach is vital, and it should be a continuous element throughout the reparations process. Outreach should continue until the end of the reparations process. Ugandan Government The Government of Uganda, ICC staff, and their civil society partners can play a role in creating awareness about several matters that remain unclear for the citizens of Uganda. Therefore, public involvement is crucial to transitional goals. Though ICC reparations are important, the...
05.11.22 | |

19 Jan

Every nine-years a new prosecutor of the International Criminal Court (ICC) is selected. The 2021/2020 ICC prosecutorial elections saw the appointment of the ICC’s third prosecutor and an unprecedented discussion about the high moral character requirement. Common sense and article 42(3) of the Rome Statute require the prosecutor and deputies to be persons of high moral character, yet this election cycle marked the first time civil society action and the allegations of harassment and other forms of workplace misconduct catapulted the requirement, (and how it can to be assessed) to...
19.01.22 | |

19 Apr

...objects or were indiscriminate in nature. While the harms associated with cyber-attacks may appear negligible when compared to the physical destruction, injury, and death inflicted by traditional arms in Ukraine, cyber weapons can cause massive economic, political, and psychological damage, particularly on civilian populations. They can also inflict the same types of physical harm caused by kinetic attacks. As a consequence, cyber-attacks can satisfy the ICC’s gravity threshold. Professor Jennifer Trahan argues that the ICC’s gravity threshold will be an obstacle to charging most cyber operations under the Rome Statute....
19.04.23 | , and |

20 Sep

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...
20.09.13 | |