Search: palestine icc
07 Nov M.B.Z. v. Clinton: Getting to the Merits on the Recognition Power
Palestine as a foreign state. See http://dc.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%2FFDCT%2FDDC%2F1953%2F19530417_0000023.DDC.htm/qx In 1995 the State Department published a Memorandum of Conversation between William Crawford Jr. and Mr. Shaul Bar-Haim from the Israeli Embassy (February 7, 1963) regarding Jerusalem. Bar-Haim said "The use of the term "Palestine" is historical fiction; it encourages the Palestine entity concept; its "revived usage enrages" individual Israelis". Crawford said "It is difficult to see how it "enrages" Israeli opinion. The practice is consistent with the fact that, ''in a de jure sense'', Jerusalem was part of Palestine and has not...26 Aug The Pro-Palestinian Case Against Palestinian Statehood
...if so, what are the origins and parameters of that power? Have the people of Palestine, through their representative – the PLO – granted such power? I recognise that there is an urgent, pressing need for statehood, particularly in the face of the intransigence of other parties, but I am also concerned that the essentials of modern statehood – democracy, representative government and accountability – may be sidelined, if not sacrificed, perhaps to the long-term disadvantage of the people at large. One issue here is that the majority of Palestinians...
22 Oct Law, Narrative, War and Revolution
...Palestine, a similar process of indoctrination was required for the pacification and inculturation of western audiences to accept the persistent violations of Palestinian rights as a necessary requirement for Israel’s security. This inculturation is reflected in law and even in judicial determinations on the Question of Palestine. For an example of this, consider the dissenting opinion of UK’s own Judge Higgins in the Wall Decision; where she seems to prioritize the security of Israel over the rights of its captive population. That the security concerns of an abstract construct has...
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...
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...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...07 Feb Events and Announcements: 7 February 2022 (UPDATED)
Call for Papers Call for Papers – Palestine Yearbook of International Law (UPDATED): The Palestine Yearbook of International Law (PYBIL) has opened an invitation for a round of submissions for Volume XXIV by 31 March 2022. We are interested in particular in critical approaches to public international law, and welcome submissions in relation to Palestine. In addition, the PYBIL welcomes articles on critical legal studies, Third World Approaches of International Law (TWAIL), and Critical Race Theory (CRT). This peer-reviewed volume would include articles, case commentaries, and book reviews: Articles should...
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...