Search: palestine icc
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...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...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...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...05 Mar Did the Trump Administration’s Jerusalem Declaration Violate International Law?
...continue to this day. In 1947, Palestine’s proposed partition (Part III) sought to establish Jerusalem as a corpus separatum under UN administration. The plan was accepted by Palestine’s Jewish community but dismissed by the Arab delegations. Upon the establishment of Israeli statehood and the immediate declaration of war by five neighbouring states, Jerusalem was divided – East and West – between Jordan and the nascent State of Israel. A new map was drawn along the 1949 Armistice border. This increased Israel’s territorial allotment and became the starting point for efforts...19 May The Rabbit Hole, from Antwerp to Gaza
55 states currently involved in armed conflicts (54 UN-member states and Palestine). That is less than 30% of the UN (counting Palestine as Observer state). Of these, an even smaller number have the capacity to engage in the kind of large-scale, high-tech warfare that Israel is displaying in Gaza. What this handful of states must understand is that, considering its history, saying something is “legal” under international humanitarian law is, at best, the start of a defence. In fact, I would argue, the definition of “legal” itself is (and should...