Search: palestine icc

...legislation, which granted prize jurisdiction to courts in Mandatory Palestine (the British Naval Prize Act of 1864 and the British Prize Act of 1939). As I noted back in January, prize powers have never been exercised by Israel before. Moreover, prize proceedings are extremely rare globally. Indeed, since customary prize law allows belligerents to capture and condemn private vessels – both “enemy” and, in some cases, “neutral” – prize law seems at odds with contemporary human rights norms protecting private property. In this context, my January post raised several questions...

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...

...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....

...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...

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...

[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...

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?...

...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,...

...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,...

...of violence perpetrated in Israel and Palestine. I have found myself thinking, over the past week, about the role I have played. Nearly a decade ago, at the very beginning of my academic teaching career, I was handed a wad of existing lecture notes for an undergraduate course I was soon to deliver on public international law. Knowing nothing about pedagogy or curricular decolonisation, I graciously accepted the notes, unquestioningly delivering the course as my predecessors had designed it. The only mention of Israel and Palestine in these documents was...

...grand strategy appears to be one that treats the Palestine conflict as standing at the center of America’s terrorism security problem. It seems to me to suggest, not precisely that terrorists are terrorists because of Palestine, but rather that the legitimacy of terrorism that some ascribe to it rests upon Palestine; make that legitimacy go away and terrorism would be seriously undercut. And the reason I feel some confidence in saying that the defining feature of neoconservatism, in this account (as distinguished from anything else or any other approach to...