Search: palestine icc
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...
31 Jul Enforcing the Fourth Geneva Convention in Palestine: Between Legal Obligations and Political Deadlock
...the political realities that hinder effective enforcement. This article examines the structural and legal obstacles to enforcing the GCIV in Palestine, critically assesses the failures of existing mechanisms such as Article 149, and explores whether a hybrid approach combining legal precision and political will could offer a viable path forward. A Pivotal Moment in Humanitarian Diplomacy On 6 March 2024, Switzerland, acting in its capacity as the depositary of the Geneva Conventions, formally declared the cancellation of the long-anticipated Conference of HCPs to the GCIV, originally scheduled for the following...
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...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...23 Jan Placard? I Don’t See No Stinking Placard!
negotiations to settle final status issues will lead to this outcome,” Rice said. “Therefore, in our view, any reference to the ‘State of Palestine’ in the United Nations, including the use of the term ‘State of Palestine’ on the placard in the Security Council or the use of the term ‘State of Palestine’ in the invitation to this meeting or other arrangements for participation in this meeting, do not reflect acquiescence that ‘Palestine’ is a state,” she added. Fortunately — though I know this comes as a shock to the...13 Dec Appeals Chamber Confirms Retroactive Ad Hoc Jurisdiction
“situation”. A State may accept the jurisdiction of the Court generally. This is an important decision, because it means that Article 12(3) would permit Palestine to accept the Court’s jurisdiction retroactive to when it became a state. (A difficult question, one I did not attempt to answer in my post.) It also means that Palestine could submit an Article 12(3) declaration and then immediately ratify the Rome Statute, thus becoming an ICC member-state while preserving the Court’s retroactive jurisdiction. Whether the Palestinians will pursue either course remains to be seen....
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....
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)....
28 Jul What Will Gaza Become After Genocide? Law and the Regime of Managed Suffering (Part 2)
...a duty to help colonised peoples repel colonial aggression. Ironically, it is the very clarity of the law that poses a conundrum for the West. Palestine is under attack not because the law is ambiguous, but because Western states object to its application in this instance. They may condemn Israeli aggression, occasionally, but they obstruct the law’s implementation in Palestine consistently, preferring that Palestinian liberation come via negotiations with their oppressor rather than via legality. The ongoing pantomime playing out in Europe—‘should we, Europe!, join the 140 other UN member-states...