Search: palestine icc
09 Jan Is the EU Adopting a Double-Standards Approach toward Israel and the Palestinian Territories? (Part 2)
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...
19 Jun The Law of the Sea and the Rome Statute Concept of Territory
[ Dr . Michael Kearney is a legal researcher with Al-Haq .] A March 2020 Amicus Brief submitted by Palestinian human rights organisations, including Al-Haq, to the Pre-Trial Chamber of the International Criminal Court suggested that the Court’s territorial jurisdiction extends to Palestine’s Exclusive Economic Zone. The Exclusive Economic Zone (EEZ), a jurisdictional space derived from the UN Convention on the Law of the Sea, was proclaimed by Palestine in September 2019. In April 2020 the Office of the Prosecutor disagreed with the Amicus contention, arguing that ‘the rights associated...
17 Mar Hamster in a Wheel: International Law, Crisis, Exceptionalism, Whataboutery, Speaking Truth to Power, and Sociopathic, Racist Gaslighting
...challenge that is being put by the people of Afghanistan, Iraq, Lebanon, Palestine, Syria, Western Sahara and Yemen amongst other places. Such people are asking: why does the international community not seem to care about us, as far as enforcing international law is concerned? Do our lives not matter? Why, when what Russia is doing to Ukraine has been done, or is being done, to us – including, indeed, by Russia itself when it comes to Syria – has the international response been so different? And these differences are sometimes...
25 Jul Three Aspects of the Relationship Between IHL and the Convention in Ukraine v. Russia (re Crimea)
...when interpreting the Convention. This ambiguity of the Court on (not) pronouncing on occupation, as noted elsewhere, is not unprecedented since it is also evident in the approach of Israeli courts in regard to the occupation of Palestine. The Court itself hesitated in the past to determine whether ‘the situation in Southeast Iraq in late April and early May 2003 is characterized as one of occupation or of active international armed conflict’ (Hassan v. United Kingdom, para 108). As has been highlighted, the Court seems to be reluctant to become...
12 Sep Contemporary International Criminal Law After Critique Symposium: embodied justice through praxes of abolition feminisms
violences in Palestine and elsewhere are interconnected, and that bringing all of them to an end is central to any abolitionist praxis. The vision and agenda of justice for Palestine, therefore, is justice for the unspeakable colonial violences enabled and reproduced by the international system and enabled by carceral and punitive responses to such violences. practicing collective care Abolition feminist and transformative justice practitioner Mariame Kaba has observed (as Rigney recalls): “criminal punishment systems fail to do: build support and more safety for the person harmed, figure out how the...
08 Apr The False Premise Sustaining Israel’s West Bank Claim – Part I
...between 1947, when the United Kingdom announced it withdrawal from Palestine, and 1967, when Israel captured East Jerusalem, the West Bank, and the Gaza Strip, as well as the Golan Heights and the Sinai Peninsula, reveal that the Palestinian people had in fact established an organization that claimed sovereignty over the remnants of the Palestine mandate prior to June 1967. That claimant was the Palestine Liberation Organization. In 1988, King Hussein would recognise the claim of this organization to secede from the Kingdom of Jordan to establish an independent state....
05 May The Judicial Economy Paradox: The Prosecutor’s Reliance on Article 19(3) of the Rome Statute
[Uzay Yasar Aysev is a legal consultant for Global Rights Compliance, specialising in international humanitarian law, criminal and refugee law.] On 22 January 2020, the Prosecutor of the International Criminal Court (ICC) submitted a request to Pre-Trial Chamber I (PTC I) for a ruling on the scope of the Court’s territorial jurisdiction in Palestine under article 19(3) of the Rome Statute. In her request, the Prosecutor asked PTC I to “to confirm that the “territory” over which the Court may exercise its jurisdiction under article 12(2)(a) comprises the West Bank,...21 Jun The Return of the Emoji: Flags, Emoji, and State Recognition
...even religion. It’s flags. From October 2010 until April 2015, there were a limited number of flag emoji, including the Israeli flag—but notably, no Palestinian flag. When the Palestinian flag was added—along with some 200 other flag emoji—it was cause for celebration. Palestine exists in an unusual limbo in international law. It is recognized by some countries as Palestine, and by others as the Palestinian Territories. “Technology has been used as a weapon to revolutionize the Middle East, and now it is being used as a weapon to legitimize Palestine,”...
18 Oct Public Statement: Scholars Warn of Potential Genocide in Gaza
In a world where powerful states are becoming more brazen in their impunity, it is crucial to give voice to those who resist. Along with nearly 800 lawyers, scholars, and practitioners, representing a diverse range of perspectives from academia and practice, I have signed a statement warning of the possibility of genocide in Gaza, Palestine. This open letter underscores the gravity of the situation, pinpointing multiple instances where the state of Israel appears to have breached international law, in full public view and frequently with the endorsement of a certain...
30 Oct Fourth Annual Symposium on Pop Culture and International Law: Understanding the Nakba through Arab Drama – Documentation and Symbolism in al-Taghreba al-Falastinya
...story of Palestine through the story of a rural family echoes Eghbariah’s idea of the Nakba as an experience of subjugation that is simultaneously collective and individual. The temporal dimensions of the series (spanning the decades between 1933-1967) and its spatial symbolisms (first the village, then the refugee-camp and finally the diaspora) capture poignantly Eghbariah’s idea of the Nakba involving a transformation from violent rupture to an ongoing, evolving structure of fragmentation that keeps Palestinians forever captive within a liminal state between freedom and oppression, genocide and endurance, elimination and...