Search: palestine icc
14 Mar Complementarity and a Potential Settlements Case: A Response to the OTP’s Report on its Preliminary Examination of the Situation in Palestine
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...
31 May The Disrespect Is Real Around Here: Review of Eve Massingham and Annabel McConnachie’s edited volume, Ensuring Respect for International Humanitarian Law
...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...26 Aug Ahmadinejad’s calls for eliminating Israel
...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,...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...
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,...
25 Oct Obligations of Israel in Relation to the Presence and Activities of the United Nations: The International Court of Justice’s Advisory Opinion in a Nutshell
...basic services, and support for the Palestinian people’s right to self-determination. As already observed by Marko Milanovic and Eliav Lieblich, the Court was on almost all points unanimous, with Judge Sebutinde dissenting on points mostly pertaining to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). This request follows two prior advisory opinions in relation to Palestine, namely the ICJ’s advisory opinion on the Wall from 2004, and the advisory opinion on the Legal Consequences arising from the Policies and Practices of Israel in...
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...