Search: palestine icc
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,...
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....
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...