Search: palestine icc
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,...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...
08 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Peoples’ Rights Without Borders? The Significance of the African Charter’s Liberation Ethos to the Palestinian Struggles
...its normative standards including the protection and promotion of human rights in accordance with the African Charter. Therefore, the position of the AU should remain clear: the fact that Member states request the granting of the observer status to Israel is not an excuse for it to disregard its norms of reference. Using the granting of the observer status to Palestine as a justification seems absurd as it is Israel, not Palestine, that is carrying out apartheid policies in the Palestinian Occupied Territory. Towards a Charter-compliant Diplomacy African states must...14 Oct Panel at George Mason on the ICC and Palestine
I will be participating next week in what should be an excellent event at George Mason University on the ICC and Palestine. The other participants are all excellent — David Luban, Meg DeGuzman, George Bisharat, and the organizer, Noura Erakat. Here is the flyer: I hope at least some Opinio Juris readers will be able to attend and hear my dire prognostications in person. (If you do, make sure to come say hello.) The event will be live-streamed for those that do not live nearby....08 Nov Guest Post: Initial Thoughts on the ICC Prosecutor’s Mavi Marmara Report
Israel’s occupation of Palestine? The main problem which is apparent from such a reading would be the need to demonstrate that any conflict between Israel and Hamas (and following through on the facts one must then also consider distinct conflicts between Israel and Islamic Jihad, Israel and the Popular Front for the Liberation of Palestine, Israel and however many additional non-state armed actors are active in Palestine…) is distinct from, and without any nexus to the international armed conflict arising from the occupation. To conclude that such a nexus was/is...
26 Aug ‘As Rapidly as Possible’: What Exactly did the ICJ say Israel Must do?
...matter is a bilateral political dispute between Israel and Palestine, not a legal one. She states in her conclusion: I am of the view that the Court should have declined to give its Advisory Opinion in the present case. Instead, Israel and Palestine, the two parties to the conflict, should be encouraged to return to the negotiating table and to jointly find a lasting solution. The United Nations and international community at large, should support these two parties to do so. para. 92 Judge Sebutinde does agree that Palestinians have...
09 Jan At World’s End: Palestine, the ICJ, and a New Dawn in International Law
...inhabitants. Since that pivotal day, Israel has accelerated the genocide of the Palestinians, compelling some academics and politicians to deliberate ethnic cleansing as a charitable outcome, deploying the truly ghoulish language of ‘voluntary’ or ‘humanitarian’ emigration to sugarcoat the crime against humanity they wish to perpetrate. No matter what happens at the ICJ, regardless if the ICC prosecutes the butchers of Gaza, or if Starbucks, McDonalds, and the Israeli economy collapse under the collective action of BDS, we must recognise that 7 October 2023 is also the day Palestine’s world...
19 Jan What Has 2023 Taught Us About Tomorrow’s Universities? From AI to Palestine
...rise in nationalist sentiment. Notice, for example, Canada, the UK, and the USA explore and adopt restrictions on international students or ban inclusive curricula. To be clear, this is not just a matter of politicians behaving badly, though I wish it were. In some instances, academic leaders are jumping on the bandwagon. In the past year, global awareness has translated into increased student activism on campuses. Two instances stand out for the contrasting responses that some universities demonstrated: Ukraine and Palestine. In the case of Ukraine, many Euroamerican universities offered...