Search: palestine 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...

...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...

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...

...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...

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...

...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...

...extent to which local judges and chambers could/should be used if the ICC were move to a place such as Libya. The ICC wasn't set up to be a hybrid tribunal, but having local judges would essentially transform the Court into a temporary hybrid tribunal, no? If this is what is being suggested (I gather as much from your article as well as Kaye's post), then why not simply argue that the ICC should have the ability to transform into a hybrid tribunal when appropriate, or something to that effect?...

the fact that some may have been generated for billing, tax or litigation purposes do not have an impact overall on the authenticity of the CDR. […T]hese differences do not necessarily mean that some CDR ‘are more genuine’ or more authentic than others.’ (para. 182). An Updated Lens on the ICC’s Submission Approach to Evidence As a final reflection, the judgment is an encouraging indication of how the ICC’s ‘submission’ approach to evidence, lauded for its convenience, can incorporate the discursive advantages of the admission approach. The submission approach entails...

seems to think the ICC should arrest the LRA leaders, rather than Uganda itself. This is becoming a nearly impossible situation for the ICC. They plainly cannot withdraw the arrest warrants without serious criticism among their key supporters. But the ICC does not have the ability to actually arrest the wanted LRA leaders (indeed, this is why the Ugandan government is offering peace talks in the first place). Nor can the ICC grant amnesty and assure the LRA that they will never be subject to future arrests. What a mess!...

...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...

...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...