Search: palestine icc
08 Apr Enforcement of International Humanitarian Law in the Occupied Palestinian Territory Where Do We Go from Here?
...including occupation such as those in Palestine and Ukraine, but also to non-international armed conflicts under Common Article 3 of the Conventions, such as Sudan’s. The ICRC Commentaries further emphasised that this provision requires each High Contracting Party not only to ensure its own compliance with the Conventions but also mandates States to take steps to ensure compliance by others involved in armed conflict. The duty to ensure respect involves both a negative and a positive obligation. The negative obligation requires that High Contracting Parties may neither encourage, nor aid...07 Feb Events and Announcements: 7 February 2022 (UPDATED)
Call for Papers Call for Papers – Palestine Yearbook of International Law (UPDATED): The Palestine Yearbook of International Law (PYBIL) has opened an invitation for a round of submissions for Volume XXIV by 31 March 2022. We are interested in particular in critical approaches to public international law, and welcome submissions in relation to Palestine. In addition, the PYBIL welcomes articles on critical legal studies, Third World Approaches of International Law (TWAIL), and Critical Race Theory (CRT). This peer-reviewed volume would include articles, case commentaries, and book reviews: Articles should...
21 Mar Sound but Insufficient: The Mainstream Discussion on the Question of the Applicability of Apartheid in the Occupied Palestinian Territory
...“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...
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...
02 Apr What does the Bogota Declaration Mean for Corporations?
...in July 2025 to coordinate diplomatic, legal and economic measures to restrain Israel’s assault on the Occupied Palestinian Territories (‘OPT’). 12 of these states — Bolivia, Colombia, Cuba, Indonesia, Iraq, Libya, Malaysia, Namibia, Nicaragua, Oman, Saint Vincent and the Grenadines, and South Africa (the ‘Bogotá 12’) — signed a joint statement committing to six measures to turn mere condemnation into collective action under international law. The statement, known as the Joint Statement on the Conclusion of the Emergency Ministerial Conference in Palestine (‘Bogotá Declaration’), sets out that through their domestic...
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...
01 May Beyond Containment – Confronting Racial Hierarchies in International Law: The Slow and Benevolent Violence of International Law – An Oceanian Perspective
...is no coincidence that the imperialist and capitalist entities carrying out and facilitating genocides in Palestine, Oceania and around the world in apparent ‘violation’ of international law, are also simultaneously escalating the climate crisis and preventing climate justice through international law. This connection reveals the work international law does for empire and the material interconnectedness of all liberation struggles against it. It also makes clear that armed resistance movements against empire in Palestine and beyond are effectively dismantling the entities responsible for the climate crisis and strongly suggests that such...