Search: palestine icc
25 Nov Stahn on Libya and the ICC
My friend and PhD supervisor Carsten Stahn has posted a very interesting discussion of Libya and the ICC at the Hague Justice Portal. Here is a taste: One possible option to reconcile domestic jurisdiction with accountability before the ICC may be a division of labor based on temporal jurisdiction. In line with the Council referral, the ICC enjoys jurisdiction as of 15 February 2011. There is no conflict of jurisdiction with respect to crimes committed prior to that date. To frame accountability in light of this distinction may, however, pose...11 Mar The ICC’s Moment of Truth
and human rights advocates who consistently overstated the benefits of international criminal tribunals without serious efforts to offer evidence of these benefits. Sadly, the ICC’s arrest warrant against Sudan’s leaders demonstrates our point. At least in the short-term, the ICC’s action is going to worsen the humanitarian crisis rather than improve it. And it will make a peace agreement harder to reach, extending the conflict. Professor Tom Ginsburg of University of Chicago calls this the ICC’s “make or break” moment. I’m not so sure about that, but it is true...
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...
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....22 Mar The ICC and Israel: Prosecuting the Punitive Demolition of Palestinian Homes – Part 1
...the practice is surprisingly absent from the ICC Prosecutor’s preliminary examination reports on the situation of Palestine. In her 2015, 2016 and 2017 annual reports, Fatou Bensouda mentions house demolitions only under the heading of “settlement activities” which would seem to exclude punitive house demolitions. The ICC does not have jurisdiction over the war crime of collective punishment as such. The case for including this crime in the Rome Statute has already been convincingly argued, but it was not proposed as an amendment at the 2010 Kampala Review Conference. However,...
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,...
16 Jan South Africa v Israel and CERD’s Early Warning and Urgent Action Procedure: Part II
...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:...