Search: palestine icc
02 Aug Gaza and International Law: Critical Reflections on the Conjuncture
...and ICC has reached a level perhaps never seen before, a global chorus appealing to these institutions to bring an end to the horrors inflicted by Israel on Gaza. If The Hague has emerged as a cynosure for those protesting Israel’s assault, this mirrors a more general investment in international law and the language of legality as the dominant frame of popular and political discourse. Few commentators speak of Gaza or Palestine today without invoking the language of il/legality. This is, of course, not entirely unfamiliar. In 2003, opposition to...19 Nov Events and Announcements: 19 November 2023
...the Struggle for Justice in Palestine: The Maynooth University Research Centre in International Justice and the Maynooth University Social Sciences Institute are organising an expert online panel entitled Collective Punishment, Genocide and the Struggle for Justice in Palestine. This event will take place 5-7pm GMT on Wednesday 22 November 2023. Panel: Maha Abdallah, Legal Researcher and PhD Scholar, University of Antwerp. Shane Darcy, Professor of Law and Deputy Director of the Irish Centre for Human Rights, University of Galway. Saleh Hijazi, Policy Coordinator, Palestinian BDS National Committee. This event is...11 Feb Events and Announcements: February 11, 2018
encourage the submission of scholarly pieces of relevance to public international law, including but not necessarily in relation to Palestine. The Yearbook is published in the English language, is edited at Birzeit University’s Institute of Law (Birzeit, Palestine), and published by Martinus Nijhoff Publishers (The Hague, The Netherlands). The Editor-in-Chief of the Yearbook is Mr. Ardi Imseis. The Yearbook is now accepting abstracts for review. Abstracts should include a working title, with a preliminary outline of the author’s research and arguments, along with a current CV. Important Dates and Contact...
08 Apr Enforcement of International Humanitarian Law in the Occupied Palestinian Territory Where Do We Go from Here?
...including occupation such as those in Palestine and Ukraine, but also to non-international armed conflicts under Common Article 3 of the Conventions, such as Sudan’s. The ICRC Commentaries further emphasised that this provision requires each High Contracting Party not only to ensure its own compliance with the Conventions but also mandates States to take steps to ensure compliance by others involved in armed conflict. The duty to ensure respect involves both a negative and a positive obligation. The negative obligation requires that High Contracting Parties may neither encourage, nor aid...
05 Dec High Stakes at the 23rd Session of the Assembly of States Parties to the Rome Statute
...latest progress made in the Situation of the State of Palestine. Early signs can already be traced by following statements from incoming officials and members of Congress. In fact, akin to the American Service-Members’ Protection Act of 2002, the House of Representatives already passed a bill facilitating the incoming President to introduce sanctions to any foreign person ‘directly engaged in or otherwise aided any effort by the International Criminal Court to investigate, arrest, detain, or prosecute a protected person’. By ‘protected person’, the bill squarely protects Prime Minister Netanyahu and...
23 Aug Palestinian Self-Determination between Sovereignty and Conquest: Exploring Public and Private Power in the recent ICJ’s Advisory Opinion on the Illegality of Israel’s Occupation
...right to (Palestinian) self-determination. In its analysis of these Israeli practices and policies, the Court offers a fascinating excursion into the nature of sovereign power as realised in the case of Israel and as in abeyance (p. 150) in the case of Palestine. Here, we adopt a feminist-inspired methodology to explore how modes of public and private power inform the making and consecrating of states under international law. The regime of belligerent occupation rests on a peculiar and delicate balance between military necessity and protection of the local population. Within...07 Apr Weekend Roundup: March 31 – April 6, 2012
...for ICC purposes. In a guest post, Michael Kearney, provided background on the three years since the Palestinians’ request and reflected on the Prosecutor’s decision. David Davenport responded in a guest post to Kearney and finally, Kevin Heller posed three questions for Davenport. Still on Palestine, but involving a very different ICC, Roger Alford reported on the inauguration of the Jerusalem Arbitration Center, established under the auspices of the International Chamber of Commerce as a joint venture between ICC Israel and ICC Palestine. Roger also covered John Bolton’s Federalist Society...
03 Nov The Ungovernance of Gaza
...actively seek to encounter, produce, and harness, their own indeterminacy (or the experience and expression of it) as a generative principle’. Such generative forms of ungovernance have been at the heart of Palestine’s predicament for decades. It was the Oslo Accords of 1993-1995 in particular that sanctioned a complex regime of (non)rule across the fragmented non-sovereign space of Palestine. Before this agreement between Israel and the Palestinian Authority (PA), the predominant paradigms for international lawyers had been those of belligerent occupation and self-determination. These two paradigms were further reliant on...
17 Aug Legal Issues Regarding Ukraine’s Potential Art. 124 Declaration
situation: although both Palestine and Cote d’Ivoire ratified the Rome Statute after accepting the Court’s jurisdiction via Art. 12(3), they did not invoke Art. 124 when they did so. Moreover, Palestine’s self-referral of the situation in Palestine three years later expanded the scope of the situation relative to its Art. 12(3) declaration. One aspect of the conflict, I think, can be uncontroversially resolved. Even if Ukraine’s Art. 124 declaration would supersede its Art. 12(3) declaration, it could only do so prospectively. That is clear from Art. 124, which precludes the...