Search: palestine icc
24 Nov Classification of the Israel-Palestine Conflict under the Laws of War
...would possess state-like characteristics in that they would have combatant immunity and Israel would need to give them, if captured, prisoner of war status so long as they complied with Article 4, Geneva Convention III. However, the elevation of a non-state group to state-like status simply by the conflict occurring in occupied territory may be problematic. While it could be supported by Article 1(4) of Additional Protocol I, to which Palestine is a party, Israel is not and the provision’s customary status is contested. Application of that provision is therefore...
10 Sep Contemporary International Criminal Law After Critique Symposium: ICL’s Potential to Address Online Harms in Ukraine, Palestine, and Beyond
moral harms that arise from sharing footage of crimes online are similar in nature to those previously recognised in ICL jurisprudence. For instance, in the recent case of Al Hassan at the International Criminal Court (ICC), the Office of the Prosecutor submitted as part of its application for an arrest warrant that the fact that videos of crimes committed by Ansar Dine were posted to YouTube contributed to a ‘sense of public humiliation’ (para. 136). Similarly, in Al-Werfalli, the ICC Pre-Trial Chamber stated in its two arrest warrants that ‘the...05 Aug Bar Human Rights Committee of England and Wales Asks OTP to Investigate Gaza (Updated)
to non-member-state status — retroactive effect. In my view, therefore, the 2009 declaration is effectively (and perhaps even legally) void. That conclusion is supported by Fatou Bensouda’s public statement that “the ball is now in the court of Palestine”, “Palestine has to come back,” and “we are waiting for them.” The bottom line for me is that Palestine needs to submit a new declaration accepting the ICC’s jurisdiction on an ad hoc basis. (Assuming the Palestinian Authority has the authority to do so — about which see my previous post.)...
31 May The Significance of South Africa’s Accession to the 1973 Apartheid Convention and Suggestions for Improving the Treaty Text
...in the above-mentioned parliamentary debates that preceded South Africa’s decision to accede to the Apartheid Convention, the question of Palestine and the system of apartheid imposed on the people of Palestine, were explicitly mentioned as part of the rationale to accede to the Apartheid Convention. Establishing a Special Mechanism to Combat Contemporary Forms of Apartheid Since the suspension of the Apartheid Convention’s treaty monitoring body in 1995, the following 11 states, including South Africa, have acceded to the Convention: Azerbaijan (1996), Georgia (2005), Kyrgyzstan (1997), Montenegro (2006), Paraguay (2005), Moldova...
04 Jun UN Gaza Commission Will Collect Evidence of Crimes
not name any particular courts, but it could be domestic courts that find they have jurisdiction. Importantly, it could be the International Criminal Court. The ICC Prosecutor could include evidence the commission assembles in the current investigation of crimes in the territory of Palestine. The crimes involved are not limited to those perpetrated in the recent Gaza-Israel conflict. A second innovative aspect of the resolution is that it calls for investigation not only of acts during the recent hostilities, but of the circumstances that led to those hostilities. Beyond the...14 Jan Can the ICJ Resist the Temptation to Enter the Israel-Hamas Fracas?
It's equally a fact that Israel has been occupying a large part of Palestine since 1948 -- the part that is called "Israel". The question of Geneva applying to the occupation isn't a matter of facts, but of law: "The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance." Palestine per se isn't a high contracting party, though Britain, Jordan and Egypt are. Geneva was signed in 1949, after...
09 Oct Rethinking International Law After Gaza Symposium: The Double-Edged Sword of Humanitarianism – UNRWA and Struggle for Palestinian Agency in the Colonial Context
...on the homes and lands of others, the UN General Assembly Resolution 181 adopted the partition of Palestine between Arabs and Jews in an unjust manner, which starkly contradicted the realities on the ground, particularly regarding the population distribution and land ownership of the respective communities. This was the first-ever UN resolution on the question of Palestine, the original sin that created a built-in injustice within the entire framework. It was the start of a chain of mistakes that have yet to be undone. Subsequent efforts to alleviate Palestinian suffering...
09 Nov Israel, Palestine and CERD’s Early Warning and Urgent Action Procedure
considered the adoption of such a procedure. Some of these are clearly compelled to act outside of the reporting cycle, such as the statement of the UN Committee on the Rights of the Child on 13 October on grave violations of children’s rights occurring in Israel and Palestine. An EWUA procedure would provide guidelines for triggering such a mechanism, as well as documenting Committee action and recommendations via decisions, statements and letters. CERD’s Statement on Israel and the State of Palestine CERD’s Statement is addressed to both Israel and Palestine...
12 Nov Symposium on Erin Pobjie’s Prohibited Force: Prohibited Force and Self-Determination
...and other self-determination units. On this view, Israel’s occupation constitutes a ‘continued use of force’ (para. 253) engaging the prohibition of force, while its intent to exercise permanent control engages the corollary prohibition of forcible acquisition of territory, whether Palestine is a State or a self-determination unit. Again, I don’t wish to exaggerate the practical stakes of the issue. Palestine is a State, in my view, so the problems described above may not arise. But some courts, States, and scholars may be reluctant to determine that Palestine is a State,...