Search: palestine icc
22 Nov The PTC Decisions on Israel’s Legal Challenges to the Arrest Warrants
Pre-Trial Chamber pursuant to Art. 19 to dismiss the applications for arrest warrants for Netanyahu and Gallant on the ground that the Court lacks jurisdiction over crimes committed in Palestine by Israeli nationals. Israel’s argument — which echoed the one offered by a number of states, organisations, and individuals during the July amicus process — consisted of three interrelated claims: (1) Palestine is not a sovereign state, so the ICC cannot exercise territorial jurisdiction over crimes committed on Palestinian territory; (2) any exercise of jurisdiction over crimes committed on Palestinian...
20 Jan “From the Land of Witches and Wolves”: A Conversation with Francesca Albanese
...a belief in Jewish supremacy and indigenous disposability. This is the genocidal nature of settler-colonialism, which demands the erasure of the indigenous population to make way for settler futures. International law as practised in Palestine remains wedded to its predatory penchant. In other words, Palestinian suffering and Palestinian hope are both nurtured by international law, in equal measure. Echoing Rajagopal, Albanese recognises that one of the most powerful tools at her—and our—disposal is the act of naming. She insists on naming the situation in Palestine as apartheid, occupation, and genocide....
12 Apr The Apartheid Reports: A Paradigm Shift on Israel/Palestine (Part I)
as a war crime but as a crime against humanity, is under the jurisdiction of the court under the Rome Statute, and therefore the current investigation can examine whether the crime of apartheid was committed. The ICC is a principal international arena for substantiating findings on human rights violations, and the international human rights organizations’ reports address the ICC prosecutor directly, requesting an investigation into the crime of apartheid. If the prosecutor accepts, this will be the first time that the crime of apartheid will be examined by the ICC....
28 Aug Can Erga Omnes Partes Obligations Satisfy the ‘Interest Of A Legal Nature’ Requirement of Article 62 ICJ Statute?
...main proceedings. Territorial and Maritime Dispute Judgment on Costa Rica’s Application for Permission to Intervene at para 37 It is therefore not necessary for a State which intervenes as a non-party, as Palestine and Poland are, ‘to establish that one of its rights may be affected; it is sufficient for that State to establish that its interest of a legal nature may be affected’ (Territorial and Maritime Dispute Judgment at para 26). Not only does Palestine have an interest as afforded to every State party of the Genocide Convention, but...
09 Nov Israel’s War in Gaza is Not a Valid Act of Self-defence in International Law
...are lawful in international law. The Palestine Mandate Agreement did not validly provide a legal basis for a Jewish state and Jewish settlement covering the land of the Palestine Mandate (what is now Israel, the West Bank and the Gaza Strip), because of the more fundamental “sacred trust of civilization” obligation in Article 22 of the Covenant of the League of Nations, part of the Treaty of Versailles, which stipulated that the territory should be provisionally recognized as an independent state—in effect a sui generis right of self-determination (see here)....08 Dec Open Statement by University Law Teachers on Academic Freedom
...and Political Science, Hebron University, Palestine Brenna Bhandar, Associate Professor of Law, University of British Columbia, Canada Michelle Burgis-Kasthala, University of Edinburgh, UK Mohammad Fadel, Professor, University of Toronto Faculty of Law, Canada Rama Sahtout, Lecturer, Exeter University, UK Alyssa S. King, Assistant Professor, Faculty of Law, Queen’s University, Canada Ahmed Hosni Ali Ashqar, Assistant Professor of Public Law, Arab American University, Palestine Nicolas Lamp, Associate Professor, Faculty of Law, Queen’s University, Canada Audrey Macklin, Professor and Chair in Human Rights, University of Toronto Faculty of Law, Canada Heidi Matthews,...
08 Oct Rethinking International Law After Gaza Symposium: Massacring Civilians – Genocide as International Legal Conundrum
experience life under the Zionist settler-colonial state as an incremental, endless massacre, they experience martyrdom as a form of liberation (rather than death). Zionist settler- and neo-colonialism engages in perpetual warfare against Palestinians. The keys to decolonizing contemporary international law are in the hands of the children in Palestine and Lebanon who are experiencing these ferocious and sadistic massacres. Merely punishing the perpetrators of civilian massacres will not assuage them. Their witnessing makes obvious what we will witness in the future: the children of Palestine and Lebanon—who witness up close...
07 Oct Rethinking International Law After Gaza Symposium: Palestine at the ICJ – International Law v The “Rules Based Order”
[George Bisharat is an Emeritus Professor at the University of California College of the Law, San Francisco, and writes frequently on law and politics in the Middle East for both academic and general audiences. He is currently leading an international comparative research project examining the role of private violence in settler colonial societies.] Three cases related to Palestine have been before the International Court of Justice in The Hague in the last two years. The first of these cases involved the United Nations General Assembly’s 2022 request for an advisory...
09 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – A Reflection on Forms of Resistance and Aid Strategies Against Apartheid-era South Africa that are Relevant to the Palestinian Struggle
Earlier this year fast-food giant McDonalds announced that it made a loss of approximately 7 billion dollars due to the boycott. Moreover, the recognition of Palestine as an independent state by the Caribbean block and several European states (Ireland, Norway, Spain, Slovenia and Armenia) is an important victory in this movement. The hope is that international solidarity can continue to pressure member states who have not yet recognised Palestine to do so. Many actions are underway, and I conclude by asking: what will you do to support the liberation of Palestine?...27 Dec NYU’s Selective Defence of Academic Freedom
...is appropriate to clarify that that quote was the result of manipulation. Said’s opinion has been distorted to support a theory that he would not have agreed with: «This committee [the Arab Higher Committee], – this is the complete sentence written by Said – chaired by Palestine’s national leader, Hajj Amin al-Hussaini, represented the Palestinian Arab national consensus, had the backing of the Palestinian political parties that functioned in Palestine, and was recognized in some form by Arab governments as the voice of the Palestinian people» [Said and Hitchens 1988,...