Search: palestine icc
20 Feb Why Aren’t We Talking About Sri Lanka Anymore? “Sri Lanka Solution” Followers Face Justice, but Not Sri Lanka
...ICC member, and crimes in Palestine, which is a member, so there are no jurisdictional challenges. The International Court of Justice (ICJ) is hearing The Gambia v. Myanmar and South Africa v. Israel regarding breaches of the Genocide Convention and Canada and The Netherlands v. Syria regarding breaches of the Convention against Torture. Already, universal jurisdiction has served justice for some Syrian torture victims, albeit those harmed by low- or mid-level perpetrators. The UN expert on Palestine (para. 93) and a special committee on Palestine, whose members ironically include the...
02 Aug Gaza and International Law: Critical Reflections on the Conjuncture
...and ICC has reached a level perhaps never seen before, a global chorus appealing to these institutions to bring an end to the horrors inflicted by Israel on Gaza. If The Hague has emerged as a cynosure for those protesting Israel’s assault, this mirrors a more general investment in international law and the language of legality as the dominant frame of popular and political discourse. Few commentators speak of Gaza or Palestine today without invoking the language of il/legality. This is, of course, not entirely unfamiliar. In 2003, opposition to...
28 Aug Minding the Gap, Properly: Conflict Classification, Protected Persons, and What the Geneva Conventions Already Require (Part I) – A Reply to Alexandria Virginski
...State in a belligerent’s territory, and of a co-belligerent State, where their State has normal diplomatic representation in the detaining State; and persons already protected by GCs I, II, or III. Virginski applies the co-belligerent exclusion to conclude that captured Hamas members held by Israel would fall outside the Convention because “they are nationals of a co-belligerent state that has ‘normal’ diplomatic relations with Palestine.” A co-belligerent is an ally – a State fighting on the same side as the detaining power – and Palestine and Israel are on opposite...
22 Oct Law, Narrative, War and Revolution
...Palestine, a similar process of indoctrination was required for the pacification and inculturation of western audiences to accept the persistent violations of Palestinian rights as a necessary requirement for Israel’s security. This inculturation is reflected in law and even in judicial determinations on the Question of Palestine. For an example of this, consider the dissenting opinion of UK’s own Judge Higgins in the Wall Decision; where she seems to prioritize the security of Israel over the rights of its captive population. That the security concerns of an abstract construct has...
05 Dec High Stakes at the 23rd Session of the Assembly of States Parties to the Rome Statute
...latest progress made in the Situation of the State of Palestine. Early signs can already be traced by following statements from incoming officials and members of Congress. In fact, akin to the American Service-Members’ Protection Act of 2002, the House of Representatives already passed a bill facilitating the incoming President to introduce sanctions to any foreign person ‘directly engaged in or otherwise aided any effort by the International Criminal Court to investigate, arrest, detain, or prosecute a protected person’. By ‘protected person’, the bill squarely protects Prime Minister Netanyahu and...19 Nov Events and Announcements: 19 November 2023
...the Struggle for Justice in Palestine: The Maynooth University Research Centre in International Justice and the Maynooth University Social Sciences Institute are organising an expert online panel entitled Collective Punishment, Genocide and the Struggle for Justice in Palestine. This event will take place 5-7pm GMT on Wednesday 22 November 2023. Panel: Maha Abdallah, Legal Researcher and PhD Scholar, University of Antwerp. Shane Darcy, Professor of Law and Deputy Director of the Irish Centre for Human Rights, University of Galway. Saleh Hijazi, Policy Coordinator, Palestinian BDS National Committee. This event is...
06 Oct Zionism is Racism: The Unexpected Return of UNGA Resolution 3379
...any talk between a colonialist case and a national liberation movement. Generations later, and Western interlocutors still insist on Carleton’s way: talking, appeasing, and conceding. But not this week. On 4 October 2026, the UK Green Party declared itself anti-zionist. Its motion defines zionism as “a political ideology which called for the creation … of an ethnonationalist Jewish State in historic Palestine to the exclusion and / or domination of the non-Jewish population,” and explains that the “practice of Zionist ideology, promoting ethnonationalism, privileges one ethnic group on the basis...
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...
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”...