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...
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...
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”...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 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...