Search: palestine icc
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,...
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...
01 Feb Reproductive Violence in Palestine: The Need for a Feminist Approach to Justice
...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...
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...
27 Mar Symposium on Prosecuting Heads of State for International Crimes: Prosecuting Taliban Leaders for International Crimes
...the intentional and severe deprivation of fundamental rights. Taliban as Representatives of Afghanistan On the same day of the warrants’ issuance, Taliban spokesperson Zabihullah Mujahid declared that Afghanistan (a State Party since May 2003) no longer recognized the ICC and did not acknowledge any obligations toward it. To date, the UN Secretary-General has not acknowledged receipt of any withdrawal from the ICC by Afghanistan, unlike the formal statement issued in the case of Hungary. A central point of contention is the Taliban’s authority to effectively terminate Afghanistan’s ICC membership, given...
07 Aug Emerging Voices: Taking Trump to the Hague – Can the ICC Prosecute Abuses on the US – Mexico Border?
its investigation into Myanmar on the crime of forced displacement, is the ICC opening the doors to an examination of various states’ immigration policies? (Almost certainly, Myanmar will argue that the Rohingya are not lawfully present in Myanmar—most Rohingya having had their citizenship stripped through a series of prejudicial citizenship laws—thereby requiring a future ICC inquiry into Myanmar’s domestic citizenship laws.) While immigration is an area historically relegated to the sovereignty of individual states, perhaps the ICC is signaling that even abusive immigration practices are not safe from international accountability....
02 Dec When a Preliminary Examination Closes, a New Era Opens: The OTP’s Innovative Support for Transitional Justice in Colombia
determine the criminal responsibility of persons of interest to the OTP in order to prevent ICC intervention. Furthermore, such inquiries must sufficiently mirror the case under investigation in The Hague. This means that there must be a considerable overlap between the incidents being investigated at the international and domestic levels. Failure to meet such stringent requirements, which Heller (2016) has long viewed as contrary to the rationale of complementarity, would allow the ICC to enter a finding of admissibility. Thus, the Court could exercise its jurisdiction in lieu of national...
29 Nov ArcGIS & Hearsay: Challenges of Incorporating New Technologies into Existing Evidentiary Frameworks
...conveying evidence. Hearsay Concerns & Mapping Tools Before the ICC Open-source information has been included in international criminal trials from their inception, with the introduction of video evidence documenting Nazi concentration camps being shown during the Nuremberg Trials. The ICTY cases of Prosecutor v. Kristić and The Prosecutor v. Mladić, the OTP incorporated satellite imagery, in addition to photo and video evidence, in its case before the Trial Chamber. In recent decades, courtrooms at the ICC have already hosted numerous technological advancements. For example, in Prosecutor v. Ntaganda, Prosecutor v....06 Jan Are Israel and Turkey’s Settlements Comparable?
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....
19 Jan Vetting for High Moral Character and ICC Prosecutorial Elections
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...