Search: palestine icc
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....13 Dec Is the ICC Prosecutor Ignoring Sexual Violence in the DRC?
As I have noted before, human-rights groups have consistently and justifiably criticized the ICTR for failing to take seriously the systematic sexual violence committed against women during the 1994 genocide. Similar criticisms are now being leveled at the ICC regarding its investigation of the conflict in the Democratic Republic of Congo: Congolese activists have launched an appeal at the International Criminal Court (ICC) to prosecute those in their country who use rape as a weapon of war. “Why does the ICC judge (militia chief) Thomas Lubanga for enrolment of child...
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....
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...22 Apr OPCD Report on Gaddafi’s Situation in Libya
yet offers a number of useful tidbits of information about Saif’s attitude toward the ICC: 33. [Redacted]. The details of ICC proceedings therefore appeared irrelevant to him, as his primary concern is his security in Libya. He would, however, prefer to be under the custody of the ICC in The Hague, rather than being detained in the current conditions, or transferred to Tripoli. 34. It is not correct that he informed the Libyan authorities that he did not wish to meet with any officials from the ICC. 35. Mr. Gaddafi...
12 Feb Sudan Agrees to Send Al Bashir to the ICC: What Now for the Law?
...termed “the wasteland of academic overproduction,” have been written on the subject – and I must confess I am one of the more culpable in this area, though after the Appeals Chamber judgment I had promised not to write ever again on the subject of Al Bashir (a promise I am now breaking). Several court decisions by the different chambers of the ICC and domestic courts have been handed down on whether there was a duty to arrest Mr Al Bashir at the time he was head of State of...
26 Jun The Ljubljana-The Hague Convention: Where are we Now?
...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...
30 Jun The Annexation of Land in Occupied Palestine: Time for International Action
of the Geneva Civilians Convention, “The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.” The states party thus bear a collective responsibility to ensure compliance. They convened, in fact, in July 1999 in Geneva, at the call of the Government of Switzerland, to consider Israel’s violations as belligerent occupant in the occupied Palestine territory. That session was adjourned at the request of Palestine President Yassir Arafat to facilitate direct negotiations with Israel, but it could readily re-convene. A conference of the...
11 Aug What Will Gaza Become After Genocide? Restitution, Reparations, and Renewal (Part 3)
...Israel has conspired with the West and with European international law in pursuit of Palestine’s dissolution, both literally and figuratively. Imagine that, prior to the West’s adoption of its Partition Plan, the territory of Palestine covered 100% of historic Palestine. Yet, following the land’s bizarre bifurcation, the Nakba, Israel’s endless wars, the expansion of settlements by both state and settler militias, sequestration, and myriad other technologies of elimination, Palestine is today less than 12% of what it was (and a shrinking fraction of the 45% afforded in the Partition Plan):...
31 Jul Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Solidarity Between the Palestinian Al-Haq and Congolese Action Youth Platform’s Campaigns against Genocide: A Focus on the Politics of Language and Naming
...the historical context of their ongoing suffering and struggle: “Genocost” and “Nakba”. These terms highlight that “genocide” for both Congolese and Palestinians is a continuous process, not a singular event. Many organisations are pushing for campaigns against genocides in DRC and Palestine, particularly Al-Haq and the Congolese Action Youth Platform (CAYP). Due to the campaigns by Al-Haq and CAYP, the term “genocide” has gained traction among social media users globally, deployed to describe the atrocities in both Eastern DRC and Gaza Strip in Palestine. At the time of this writing,...