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Search: palestine icc

18 Nov

...it was only one small part of the much larger situation in Palestine and because it involved only crimes committed by Israel. As I’ve said time and again, if the OTP ever does open a formal investigation into the situation in Palestine, it needs to investigate both Israeli and Palestinian crimes equally – and needs to investigate those crimes everywhere they were committed. I am also baffled why, given that it was declining to open a formal investigation, the OTP thought it was a good idea to conclude that there...
18.11.14 | |

20 Jan

what are the legal consequences that arise for all States and the United Nations from this status? In brief, the UNGA has tasked the ICJ with assessing the (il)legality of Israel’s occupation of the oPt/State of Palestine, rather than a piecemeal analysis of Israel’s violations. The question follows from two recent UN-mandated reports which concluded that Israel’s occupation of the oPt/State of Palestine is unlawful: by the current Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied Since 1967, Francesca Albanese; and by the recently established...
20.01.23 | |

01 Dec

...comparison not only to numerous other situations under preliminary examination, but even — and more importantly — to the situational gravity of the Palestine situation as a whole. As I have argued previously, the last thing the OTP should do is investigate one very small part of the much larger conflict between Israel and Palestine. If it ever takes the Palestine situation on, it needs to look at crimes committed by both sides throughout Palestinian territory. There is, however, an even more significant problem with the Final Decision’s standard for...
01.12.17 | |

23 May

...had forged an alliance with Arab nationalists who wanted to drive the Jewish refugees out of Palestine — a murderous version of German-Arab friendship founded on common hatred of Jews. Jews living in the Middle East were petrified by Rommel’s victories. After seizing the British fortress of Tobruk in Libya in June 1942 he set his sights on the Suez Canal, on Palestine and the oil fields of the Middle East. “Those fighting Jewry can always rely on the sympathy of the Arab population,” the German army general staff wrote...
23.05.07 | |

03 Dec

borders, Jerusalem, refugees, and settlements. It also supports a comprehensive peace settlement between Israel and Lebanon and Israel and Syria, as soon as possible. If you interpret the Annapolis Agreement as a commitment by Palestine and Israel to “immediately implement” the Road Map, it means that, at a minimum, Palestine and Israel have promised in the very near future to begin down the road of peace, starting with Phase I. This includes Palestine renouncing terrorism and recognizing Israel’s right to exist and Israel recognizing Palestine’s sovereignty and withdrawing from key...
03.12.07 | |

04 Apr

Last week I had the good fortune to attend a reception in Washington D.C. with various arbitration luminaries announcing the inauguration of the Jerusalem Arbitration Center. With almost $5 billion in annual trade between Palestine and Israel, it is imperative to establish a neutral forum for resolving business disputes. JAC is established under the auspices of the International Chamber of Commerce. Zahi Khouri and Yara Asad of ICC Palestine and Oren Schachor and Baruch Mazor of ICC Israel were on hand to announce the partnership. JAC’s goal is to establish,...
04.04.12 | |

01 Aug

...ICC States-Parties, does this situation warrant an assessment of on part of the ICC Prosecutor to establish, at minimum, whether the participation of these dual nationals in Gaza conflict may establish the jurisdiction of the Court to investigate alleged allegations of Rome Statute violations committed in Gaza? It will be interesting to see whether any obligations exists in above situation, and is that enough for the Prosecutor to open a preliminary examination? Luigi Daniele The issue, here, as many observers note, is that it's no more war... it's policy! 2006,...
01.08.14 | |

07 Nov

Palestine as a foreign state. See http://dc.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%2FFDCT%2FDDC%2F1953%2F19530417_0000023.DDC.htm/qx In 1995 the State Department published a Memorandum of Conversation between William Crawford Jr. and Mr. Shaul Bar-Haim from the Israeli Embassy (February 7, 1963) regarding Jerusalem. Bar-Haim said "The use of the term "Palestine" is historical fiction; it encourages the Palestine entity concept; its "revived usage enrages" individual Israelis". Crawford said "It is difficult to see how it "enrages" Israeli opinion. The practice is consistent with the fact that, ''in a de jure sense'', Jerusalem was part of Palestine and has not...
07.11.11 | |

29 Jul

...doing what needs ti be done to protect and defend civilians. Howard Gilbert I should again point to the Korean War. As with Israel/Palestine, Korea was at the start of the war a former single country in which two governments had effective control of two zones of occupation. It is clear that North/South Korea and Israel/Palestine were going to become two countries, but at the time (then and now) some governments did not recognize the DPRK and some did not recognize the ROK (and some do not recognize the PLA...
29.07.11 | |

26 Jul

Hostage In Kletter v Dulles the United States District Court, District of Colombia ruled that Palestine was a foreign state and that naturalization under Palestinian law constituted an act of expatriation under United States law: "The contention of the plaintiff that Palestine, while under the League of Nations Mandate, was not a foreign state within the meaning of the statute is wholly without merit." and "Furthermore, it is not for the judiciary, but for the political branches of the Government to determine that Palestine was a foreign state. This the...
26.07.11 | |

26 Aug

...if so, what are the origins and parameters of that power? Have the people of Palestine, through their representative – the PLO – granted such power? I recognise that there is an urgent, pressing need for statehood, particularly in the face of the intransigence of other parties, but I am also concerned that the essentials of modern statehood – democracy, representative government and accountability – may be sidelined, if not sacrificed, perhaps to the long-term disadvantage of the people at large. One issue here is that the majority of Palestinians...
26.08.11 | |

07 Feb

Call for Papers Call for Papers – Palestine Yearbook of International Law (UPDATED): The Palestine Yearbook of International Law (PYBIL) has opened an invitation for a round of submissions for Volume XXIV by 31 March 2022. We are interested in particular in critical approaches to public international law, and welcome submissions in relation to Palestine. In addition, the PYBIL welcomes articles on critical legal studies, Third World Approaches of International Law (TWAIL), and Critical Race Theory (CRT). This peer-reviewed volume would include articles, case commentaries, and book reviews: Articles should...
07.02.22 | |