Search: palestine icc
04 Aug The Interception of the Madleen: Revisiting the Mavi Marmara Incident in 2025
...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...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,”...
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...
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...
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...
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...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...