Search: palestine icc
14 Jul Behind Enemy Lines: The Protection Gap Between POWs and Captured Nonstate Actors Under International Humanitarian Law
...Palestine. Similarly, they would not be protected persons if picked up by Israel, because they are nationals of a co-belligerent state that has “normal” diplomatic relations with Palestine. Normal diplomatic representation is defined in the 1952 commentary to the Convention as requiring the state to have at least one diplomatic representative accredited to the belligerent state who has the freedom to make diplomatic representations. In the context of Israel’s occupation of Palestine, the question of normal diplomatic representation is under heightened scrutiny. However, there are several representatives of the state,...03 Dec The Annapolis Agreement
borders, Jerusalem, refugees, and settlements. It also supports a comprehensive peace settlement between Israel and Lebanon and Israel and Syria, as soon as possible. If you interpret the Annapolis Agreement as a commitment by Palestine and Israel to “immediately implement” the Road Map, it means that, at a minimum, Palestine and Israel have promised in the very near future to begin down the road of peace, starting with Phase I. This includes Palestine renouncing terrorism and recognizing Israel’s right to exist and Israel recognizing Palestine’s sovereignty and withdrawing from key...
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...04 Apr Jerusalem Arbitration Center: Merchants of Peace
Last week I had the good fortune to attend a reception in Washington D.C. with various arbitration luminaries announcing the inauguration of the Jerusalem Arbitration Center. With almost $5 billion in annual trade between Palestine and Israel, it is imperative to establish a neutral forum for resolving business disputes. JAC is established under the auspices of the International Chamber of Commerce. Zahi Khouri and Yara Asad of ICC Palestine and Oren Schachor and Baruch Mazor of ICC Israel were on hand to announce the partnership. JAC’s goal is to establish,...26 Jul More International Law at the U.S. Supreme Court: Where is Jerusalem?
Hostage In Kletter v Dulles the United States District Court, District of Colombia ruled that Palestine was a foreign state and that naturalization under Palestinian law constituted an act of expatriation under United States law: "The contention of the plaintiff that Palestine, while under the League of Nations Mandate, was not a foreign state within the meaning of the statute is wholly without merit." and "Furthermore, it is not for the judiciary, but for the political branches of the Government to determine that Palestine was a foreign state. This the...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...01 Aug Joint Declaration Charging Legal Violations in Israel’s Gaza Offensive
...ICC States-Parties, does this situation warrant an assessment of on part of the ICC Prosecutor to establish, at minimum, whether the participation of these dual nationals in Gaza conflict may establish the jurisdiction of the Court to investigate alleged allegations of Rome Statute violations committed in Gaza? It will be interesting to see whether any obligations exists in above situation, and is that enough for the Prosecutor to open a preliminary examination? Luigi Daniele The issue, here, as many observers note, is that it's no more war... it's policy! 2006,...29 Jul Guilfoyle on the Mavi Marmara (Updated!)
...doing what needs ti be done to protect and defend civilians. Howard Gilbert I should again point to the Korean War. As with Israel/Palestine, Korea was at the start of the war a former single country in which two governments had effective control of two zones of occupation. It is clear that North/South Korea and Israel/Palestine were going to become two countries, but at the time (then and now) some governments did not recognize the DPRK and some did not recognize the ROK (and some do not recognize the PLA...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...