Search: palestine icc
02 Apr Guest Post on the ICC and Palestine at Justice in Conflict
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 –...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...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,”...
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,...
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....
24 Oct International Court Rulings Require EU Action on Israel and Palestine: Sanctions, Trade Measures, Support for ICC Crucial to Comply with International Law
...in the occupied territories. Fifth, as parties to the Rome Statute of the ICC, EU member states should refrain from attacking or questioning the court’s independence, and should instead protect the ICC in the face of threats and intimidations from the Israeli and US governments. As ICC members, all EU governments have clear obligations, including to cooperate with the court to execute arrest warrants and to avoid “non-essential contacts” with individuals who are fugitives from the ICC. Finally, the EU should also act on the ICJ’s clear statements on the...
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...
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...
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...
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...