Search: palestine icc

Just in time for the activation of Palestine’s membership in the ICC, over the next few days Mark Kersten’s blog, Justice in Conflict, will be featuring posts by all of the people who participated in last week’s roundtable at the LSE — Mark, me, Kirsten Ainley, Dov Jacobs, Chantal Meloni, Leslie Vinjamuri, and Michael Kearney. Mark’s introductory post can be found here. I will post a link to a podcast of the LSE event as soon as it’s available. My contribution to the symposium should be up tomorrow or the...

facilitating settler colonialism and land grabbing in Zimbabwe and Palestine, the historical ties between South African and Palestinian struggles against apartheid, and the economics of suffering and racial capitalism as lenses to understand the interconnectedness of the Palestinian struggle and ongoing African conflicts. We are grateful to the diverse and courageous group of early-career researchers and senior academics who have dedicated their time and labour to advancing this essential debate on justice and human dignity worldwide. Where some senior scholars from the continent have chosen to remain silent on Palestine,...

...noting. In 2021, a differently constituted Pre-Trial Chamber held that the Court has jurisdiction over Israeli nationals who commit international crimes on the territory of Palestine because Palestine is a party to the Rome Statute. When the current Pre-Trial Chamber rejected Israel’s jurisdictional challenge, it said that it considered the 2021 Decision to be res judicata. The Appeals Chamber held that the Pre-Trial Chamber did not adequately explain why that was the case (para. 59): In view of the particularities of the preceding stages of the proceedings in the Situation...

...subject-matter…can be regarded as only a bilateral matter between Israel and Palestine” given the UN’s “permanent responsibility towards the question of Palestine” (para. 49). The Court deemed that the question put to it was “located in a much broader frame of reference than a bilateral dispute” (para 50). In Chagos, the Court opined that the issues raised by the request were located in the broader frame of reference of decolonization (para. 88). As part of this inquiry, the Court also assesses the purpose of the request. In a number of...

My contribution to the symposium is now available. Here is the introduction: I want to start with a prediction, one I’ve made before and still subscribe to: the ICC will never open a formal investigation into the situation in Palestine. People of all political persuasions seem to think that the ICC is somehow eager to leap into the most politicised conflict of the modern era. I disagree, not because the situation doesn’t deserve to be investigated – I think it is one of the gravest situations in the world –...

Patrick S. O'Donnell And what are the reasons for the Saudi regime's economic boycott of Israel? Might the following have something to do with it? Palestine, Israel and the Arab-Israeli Conflict: A Primer Middle East Research and Information Project (MERIP) By Joel Beinin and Lisa Hajjar [I've selected only a small portion from this primer] Invasion and Occupation Israel's military response to the uprising escalated in intensity and scale throughout 2001 into 2002 following the election of Ariel Sharon. Israeli operations increasingly targeted the infrastructure of the PA and its...

in Palestine (the “Situation”), the Report discloses that it intends to complete its preliminary examination as early as possible. The Situation is now considered to be in “Phase 3” where admissibility, i.e. complementarity and gravity, issues are considered. The OTP may thereafter consider whether an investigation would or would not be in the interests of justice during a “Phase 4”. The Report appears to suggest that inactivity at the national level may render a potential settlements case admissible before the ICC. In what must be construed as an indication of...

...can we do with CA1? In the Arab World, for example, IHL violations are abundant (in Palestine, Syria, Yemen, and other States). So, then, what are the bounds and limitations of CA1 and how can we operationalize it to prevent and respond to IHL violations? If a State isn’t doing the internal respecting, how can we tell third States to do the external ensuring respect? In her foreword, Helen Durham states that “the collection is an innovative contribution to the contemporary debate on the meaning of ‘ensuring respect’.” Over the...

...Palestine; it’s a window into the broader dilemmas faced by critical thinkers in international law. Join Mohsen al Attar and Omar Kamel for an enlightening conversation with Erakat that challenges conventional wisdom and will spark new perspectives. https://youtu.be/bTy3XYVxIZU?si=TJdN5VRdeskLROm9 You may access the audio on Apple, Spotify, and YouTube Radio. Transcripts are available in: Arabic, English, and French Transcripts will be available in: Chinese, Hindi, Portuguese, and Spanish All contributors record Fresh Squeezed Podcast episodes in their individual capacity, and their opinions do not necessarily reflect the official position of Opinio...

...of Jerusalem would be “null and void” and “a flagrant violation” of the Fourth Geneva Convention. The Carter Administration allowed the resolution to pass (the US abstained) because it was upset with the backtracking by Israeli Prime Minister Menachem Begin on his promises during the 1979 Camp David agreement to recognize Palestinian rights and to halt settlement expansion.  Significantly, Resolution 476 included three provisions which would foreshadow the increasingly empty role of the Security Council and the international community in supervising the Israeli occupation of Palestine. First, the Council reaffirmed...

...dear Imam targeted the central and command base of the enemy, namely the occupying regime in Al-Qods.” A later paragraph adds: “The issue of Palestine will only be resolved when all of Palestine comes under Palestinian rule, when all the refugees return to their homes, and when a popular government chosen by this nation takes the affairs in its hands. Of course, those who have come to this land from far away to plunder this land have no right to participate in the decision-making process for this nation… God willing,...

Armistice Agreements is unchallengeable until a new process of negotiation and agreement has been successfully consummated. — link to un.org Pending Palestine’s full membership, the General Assembly Credentials Committee voted to allow representatives of the permanent observer mission of “Palestine” to participate in the business of the UN without presenting credentials. The UN reports and resolutions about that also mention “their State, Palestine”. They describe the Palestinian territory occupied by Israel since 1967 as “their territory” and say that “the credentials of the delegation of Israel do not cover that...