Search: palestine icc
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....
13 Apr The Apartheid Reports: A Paradigm Shift on Israel/Palestine (Part II)
are intended for the ICC prosecutor, and this is where they carry the greatest potential influence. The growing pile of legal documents discussing Israel and apartheid, especially those taking the crime approach, makes it difficult for international legal institutions to ignore the claim. The ICC prosecutor will be almost compelled to consider the evidence, analysis, and arguments included in these reports. Undoubtedly, the international human rights discourse on Israel has taken a paradigm shift. These reports signal to Israel that internationally, maintaining the current status quo could entail significant risks....
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...
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...
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...
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....