Search: palestine icc
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...07 Apr Weekend Roundup: March 31 – April 6, 2012
...for ICC purposes. In a guest post, Michael Kearney, provided background on the three years since the Palestinians’ request and reflected on the Prosecutor’s decision. David Davenport responded in a guest post to Kearney and finally, Kevin Heller posed three questions for Davenport. Still on Palestine, but involving a very different ICC, Roger Alford reported on the inauguration of the Jerusalem Arbitration Center, established under the auspices of the International Chamber of Commerce as a joint venture between ICC Israel and ICC Palestine. Roger also covered John Bolton’s Federalist Society...
03 Nov The Ungovernance of Gaza
...actively seek to encounter, produce, and harness, their own indeterminacy (or the experience and expression of it) as a generative principle’. Such generative forms of ungovernance have been at the heart of Palestine’s predicament for decades. It was the Oslo Accords of 1993-1995 in particular that sanctioned a complex regime of (non)rule across the fragmented non-sovereign space of Palestine. Before this agreement between Israel and the Palestinian Authority (PA), the predominant paradigms for international lawyers had been those of belligerent occupation and self-determination. These two paradigms were further reliant on...
17 Aug Legal Issues Regarding Ukraine’s Potential Art. 124 Declaration
situation: although both Palestine and Cote d’Ivoire ratified the Rome Statute after accepting the Court’s jurisdiction via Art. 12(3), they did not invoke Art. 124 when they did so. Moreover, Palestine’s self-referral of the situation in Palestine three years later expanded the scope of the situation relative to its Art. 12(3) declaration. One aspect of the conflict, I think, can be uncontroversially resolved. Even if Ukraine’s Art. 124 declaration would supersede its Art. 12(3) declaration, it could only do so prospectively. That is clear from Art. 124, which precludes the...
23 Jul Scholasticide in Gaza: A Need for Recognition of Systematic Educational Destruction as Genocidal
[Kate May is an LLM international human rights law and practice student at the University of York] As Palestinian scholar Nabulsi warned over ten years ago, “Israel is seeking to annihilate an educated Palestine.” The devastating impact of educational destruction in Palestine has reached unprecedented levels, and this extended crisis has left children without formal education for over a year and a half, all while continuing attacks on schools worsen the humanitarian situation. This systematic destruction, known as scholasticide (or educide), appears to represent a deliberate strategy that threatens the...