Search: palestine icc
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,...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 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...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,...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...
23 Oct Encoding Empire: How Legal Rhetoric Justifies Occupation and Masks Resistance
...They reflect a broader pattern in which international law is used to rebrand imperial violence as lawful action. As the rest of this post explores, key features of international law have no longer restrained expansionist agendas – they are instruments of it. Across these case-studies, legality is no longer a check on expansionist goals, it has become the language that enables it. In Palestine, Kashmir and Balochistan, official state rhetoric uses the grammar of law to repackage military dominance as national security threats. Legal terms like “defense” “proportional” and “terrorist”...
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...
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...