Search: palestine icc
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,”...
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....
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,...
18 Oct Public Statement: Scholars Warn of Potential Genocide in Gaza
In a world where powerful states are becoming more brazen in their impunity, it is crucial to give voice to those who resist. Along with nearly 800 lawyers, scholars, and practitioners, representing a diverse range of perspectives from academia and practice, I have signed a statement warning of the possibility of genocide in Gaza, Palestine. This open letter underscores the gravity of the situation, pinpointing multiple instances where the state of Israel appears to have breached international law, in full public view and frequently with the endorsement of a certain...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...
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...
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...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...
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...