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16 Dec Gaza, Genocide, and the UN General Assembly (Part 1)
...of Palestine and the Implementation of the Two State Solution. The UNGA facilitated the recognition of a Palestinian state, a very positive step forward. Numerous emergency special sessions were held pursuant to Resolution 377(V)(A) Uniting for Peace where states overwhelmingly voted to urge Israel to stop its aggression against Palestine and end the blockade. The UNGA should continue to take measures to protect civilians on the ground. This contribution is provided in two parts. Part 1 reflects on the report of the Independent International Commission of Inquiry on the Occupied...
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...
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...01 Dec A Potentially Serious Problem with the Final Decision Concerning Comoros
...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...18 Nov Thoughts on the Baffling Comoros Declination
...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...
20 Jan The United Nations General Assembly Request to the International Court of Justice for an Advisory Opinion: (Some) Reflections
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...
13 Nov Symposium on Erin Pobjie’s Prohibited Force: Review by Tomohiro Mikanagi
...its ‘de facto control’ and under another State’s peacefully established administration to acquire the territory, the deployment would be likely to amount to acquisition of territory by force. Japan mentioned this in its oral submission on the Palestine Advisory Opinion and the separate opinion of Judge Cleveland on the Palestine Advisory Opinion quoted this part (para. 29). The concept of peacefulness derives partly from the Eritrea-Ethiopia Claims Commission’s Partial Award on Jus ad Bellum: Ethiopia’s laims 1-8 (19 Dec 2005). In this report the Commission found that Eritrea violated article...23 May Rommel and the Nazis’ Plans for a Middle Eastern Holocaust
...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...