Search: palestine icc
05 Aug Bar Human Rights Committee of England and Wales Asks OTP to Investigate Gaza (Updated)
to non-member-state status — retroactive effect. In my view, therefore, the 2009 declaration is effectively (and perhaps even legally) void. That conclusion is supported by Fatou Bensouda’s public statement that “the ball is now in the court of Palestine”, “Palestine has to come back,” and “we are waiting for them.” The bottom line for me is that Palestine needs to submit a new declaration accepting the ICC’s jurisdiction on an ad hoc basis. (Assuming the Palestinian Authority has the authority to do so — about which see my previous post.)...
31 May The Significance of South Africa’s Accession to the 1973 Apartheid Convention and Suggestions for Improving the Treaty Text
...in the above-mentioned parliamentary debates that preceded South Africa’s decision to accede to the Apartheid Convention, the question of Palestine and the system of apartheid imposed on the people of Palestine, were explicitly mentioned as part of the rationale to accede to the Apartheid Convention. Establishing a Special Mechanism to Combat Contemporary Forms of Apartheid Since the suspension of the Apartheid Convention’s treaty monitoring body in 1995, the following 11 states, including South Africa, have acceded to the Convention: Azerbaijan (1996), Georgia (2005), Kyrgyzstan (1997), Montenegro (2006), Paraguay (2005), Moldova...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....
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...
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....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...
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...