Search: palestine icc
24 Jul Guest Post: The Dynamic Law of Occupation: Two Recent Cases from the Middle East
...of law facilitating "the acquisition of Palestinian citizenship by Jews who take up their permanent residence in Palestine" (article 7). Elaraby did not discuss these matters for the obvious reason that he did not want to acknowledge the content of the Palestine Mandate in the first place. It would have been more straightforward and accurate for you simply to say that the ICJ opined that the West Bank is "occupied," although its analysis of the issue was circular: "The territories [of the West Bank] were occupied by Israel in 1967...19 Mar The Disappearing UN Report on Israeli “Apartheid”
...we even start discussing Richard Falk. Kevin Jon Heller Gidon, I am no fan of Richard Falk's, and I don't deny that the UN often goes overboard in its criticism of Israel. (By the same token, much of its criticism is completely valid.) My point -- ignored, of course, by people like Eugene -- is simply that scrubbing websites is never acceptable, especially when it results from state pressure. My view is content neutral; I would have written the same post if the UN had disavowed a report that Palestine...09 Jul Response to Kevin and commenters
...to private Palestinians, simply because most land in historic Palestine did not belong to private individuals but rather to the government. This remained the case under the British, Jordanians, and Israelis. I believe (but am not sure) that this is why so many settlements are built on former Jordanian army bases, which were themselves generally built on state land. Indeed, in Israel proper something like 90% of the land remains under this regime. Usually when people speak of “Palestinian land,” I believe they mean land that should belong to a...06 Aug One More Reason to Dump the United Nations Commission on Human Rights
The United Nations Human Rights Commission is an easy target for UN critics, but this doesn’t mean that they don’t deserve the disdain and contempt that is usually heaped on them. Case in point: eight UN human rights experts have issued a statement condemning the current US-Russia sponsored “Road Map” talks between Israel and Palestine because the negotiations currently do not fully adhere to the ICJ’s advisory opinion last summer condemning Israel’s wall of separation as a violation of international law. Now I may not be overly impressed with diplomacy,...30 Aug Symposium on Occupation Law: Fitting a Square Peg into a Round Hole
...its ratification) is the British White Paper of June 1922. It pointed out that the Balfour Declaration does “not contemplate that Palestine as a whole should be converted into a Jewish National Home, but that such a Home should be founded ‘in Palestine’”. Furthermore, it stressed that the “Zionist congress” that took place in Carlsbad in September 1921 had officially accepted ‘the determination of the Jewish people to live with the Arab people on terms of unity and mutual respect, and together with them to make the common home into...05 Aug Is the Montevideo Convention Still Good Law?
as 'UN recognition'. Some interesting and instructive further sources are: - Discussion on the International Law Observer - http://internationallawobserver.eu/2011/06/22/a-comment-on-palestine%E2%80%99s-statehood-recognition-and-un-membership/ - M Kearney's recently posted book chapter - http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1904898 - V Kattan's policy brief - http://al-shabaka.org/policy-brief/politics/state-palestine-case-un-recognition-and-membership - Al-Haq's legal brief - http://www.alhaq.org/pdfs/qa_July_2011.pdf Benjamin G. Davis I note Mr. Finucane you go back to Jackson in Florida as evidence for this self-defense against non-state actors argument. When does this self-defense model really stand for aggressive war? Can't we see Jackson's Spanish "stirring up the Injuns" motif as just a pretext related to...21 May Annexation in the Shadow of the Law–Part I
...Home under the Mandate for Palestine necessarily contemplated its development into an independent State. That object was fulfilled by the establishment of the State of Israel in 1948 in the parts of western Palestine then under its control, and was further fulfilled by the application of Israeli law in East Jerusalem in 1967, but has so far remained unfulfilled in other parts of the West Bank. Professor Berman asserts that this position is rejected by the vast majority of international lawyers. But these arguments are hardly ever addressed, and even...10 Jul A New Kind of Israel Boycott: Sue Corporations Doing Business in Israel
...by the phrase 'Israel's alleged human rights violations in Palestine' and the use of scare quotes in reference to Israel's crimes. The following should help by way of providing ample evidence that there's substance to the charges (I'm not used to Blue Book format, so pardon the cite style): Bowen, Stephen, ed., Human Rights, Self-Determination, and Political Change in the Occupied Palestinian Territories (The Hague: Kluwer Law International, 1997). Boyle, Francis A. Palestine, Palestinians, and International Law. Atlanta, GA: Clarity Press, 2003. Falk, Richard. 'International Law and Palestinian Resistance,' in...