Search: palestine icc

...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...

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...

[Rosemary Grey is a University of Sydney (Australia) Postdoctoral Fellow, based in the Sydney Law School & Sydney Centre for International Law. Valerie Oosterveld is a Professor at Western Law (Canada) and a member of the Canadian Partnership for International Justice and Rebecca Orsini is a second-year law student at Western Law (Canada) and a graduate of the University of Toronto.] Part 1 of this post discussed recent cases – in particular, Yekatom & Ngaïssona – involving International Criminal Court (ICC) prosecution requests to add or modify sexual violence charges...

...to be subjected to DDR, demobilization, disarmament, and then reintegrate, that would mean that they would come out of the bush and come to Uganda, and then Uganda will now be in the position to get them. And we will have no problem in subjecting them through our judicial system. ICC was created to fight impunity, and therefore the High Court of Uganda can exactly do that,” she said. But Uganda cannot recall its original referral. The decision to withdraw the ICC arrest warrants is for the ICC, not Uganda....

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...

...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....

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...

It is worth also considering the views of those critical of the entire ICC effort to the define aggression and bring it within the ICC Statute. Brett Schaefer at Heritage offers this final take, which he calls the U.S. effort a qualified success due to its ability to delay implementation and to insert “understandings” into the ICC Statute. [T]he U.S. was able to insert several “understandings” into the resolution. These understandings affirm that the crime of aggression does not limit or prejudice existing or developing rules of international law for...

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...

...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):...

...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,...

...ICERD should not be understated … the two concepts and the two Conventions are joined at the hip.’ CERD, Apartheid and Palestine v Israel While CERD has been active under its EWUA procedure, it notably has yet to reach a decision in Palestine v Israel, likely to be the first inter-State case to be decided by a UN treaty body. Among other aspects, Palestine v Israel urges CERD to reach a determination that the situation in the Occupied Palestinian Territories constitutes apartheid in violation of Article 3 ICERD, which reads:...