In association with the International Commission of Jurists

Search: palestine icc

03 Nov

...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...
03.11.23 | |

17 Aug

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...
17.08.24 | |

23 Jul

[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...
23.07.25 | |

21 Mar

...“Persecution of organizations and persons by depriving them of fundamental rights and freedoms, because they oppose apartheid,” as one of the inhuman acts of apartheid. 2021 has also seen unprecedented success for Palestine in its quest to seek justice using international mechanisms against Israel’s apartheid regime. The International Criminal Court (ICC) ruled that it has jurisdiction on the OPT in its entirety, and its then-Prosecutor announced the initiation of an ICC investigation. The Committee on the Elimination of All Forms of Racial Discrimination decided the inter-State communication brought by Palestine against...
21.03.22 | |

07 Apr

...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...
07.04.12 | |

10 May

...USC Law and Public Policy Research Paper No. 03-17. Available at SSRN: http://ssrn.com/abstract=424622 or DOI: 10.2139/ssrn.424622 Masalha, Nur. A Land Without People: Israel, Transfer and the Palestinians. London: Faber and Faber, 1997. Masalha, Nur. The Politics of Denial: Israel and the Palestinian Refugee Problem. London: Pluto, 2003. Shamir, Ronen. In the Colonies of Law: Colonialism, Zionism, and Law in Early Mandate Palestine. Cambridge, UK: Cambridge University Press, 2000. Shehadeh, Raja. Occupier’s Law: Israel and the West Bank. Washington, DC: Institute for Palestine Studies, 1985. Slater, Jerome. ‘What Went Wrong? The...
10.05.10 | |

24 Jul

...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...
24.07.12 | |

19 Mar

...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...
19.03.17 | |

09 Jul

...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...
09.07.09 | |

06 Aug

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,...
06.08.05 | |

30 Aug

...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...
30.08.17 | |

05 Aug

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...
05.08.11 | |