Search: palestine icc

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...

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...

...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...

...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...

...government of Palestine, in contrast with the Palestinian Authority led by Fatah. The fact that Hamas controls Gaza and enjoys the support of a significant percentage of the Palestinian population does not automatically establish it as a state actor (see also Guilfoyle, who did not consider Palestine a State).  Thus the current conflict is a NIAC, or that a NIAC and an IAC are running parallel, as the ICC Prosecutor suggested. In any case, the naval blockade under which the Madleen was intercepted was part of the NIAC between Israel...

...everyone expects to run for Prosecutor.) Given these advantages – rebutting critics who believe the arrest warrants are baseless and critics who don’t believe the Deputies care about the Palestine investigation – what possible reason is there for the OTP not to immediately seek to confirm the charges against Netanyahu and Gallant? The obvious response is, of course, the one alluded to above: the suspects are not in ICC custody and would never voluntarily appear at a confirmation hearing. A couple of years ago, that response might have been persuasive....

[ 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...

...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...

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...