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22 October 2019, ICC-02/17-95. The AC should have sanctioned the ECLJ for submitting a backdated document — I assume in the hope that no one would notice. Instead, the AC granted the ECLJ’s request to appear in the Afghanistan situation. So, to recap: in the Afghanistan situation, the AC does not apply Reg. 33(2) when it is ignored by a state and is knowingly violated by an ultra-right pro-Israel organization. In the Palestine situation, the PTC applies Reg. 33(2) inconsistently and in a manner that excludes — and only excludes...

[ Ahmed Abofoul is an Independent Legal Researcher at Al-Haq ’s Legal Research and Advocacy Department.] Introduction Whether in the Americas, Africa, Australia or elsewhere, colonialism and its practices of domination, conquest, settlement, and exploitation of land and natural resources of the indigenous people has ruptured many ecosystems around the world. Some have accurately argued that colonists owe their success, in part, to such practices. In this regard, the situation in Palestine is not an exception. Israel’s colonial practices in the occupied Palestinian territory (oPt), especially its illegal settlement enterprise,...

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...

...and Environmental Injustice Three situations at various stages at the ICC—Sudan, Afghanistan, and Palestine—offer further insight into what the implications of environmental harms have been so far in international law, and how formalization of ecocide could change the treatment of environmental injustice. Omar Al Bashir, former president of Sudan, was charged by the ICC Prosecutor with war crimes, crimes against humanity, and genocide beginning in 2009, notably including leading a government that contaminated “the wells and water pumps of the towns and villages primarily inhabited” by targeted groups (as noted...

...am Roosevelt Speakers: Zahi Khouri, ICC Palestine & Oren Shachor, ICC Israel Topic: The Jerusalem Arbitration Center: Focus on Neutrality & Efficiency Business leaders in Palestine and Israel have realized the need to find a mechanism for resolving commercial disputes between the two countries. In 2010, this initiative came to fruition with the agreement to establish the Jerusalem Arbitration Center (JAC) as an equal and just, apolitical and professional bilateral alternative dispute resolution forum. Zahi Khouri, Founding and Board Member of ICC Palestine and Founder, Chairman and Chief Executive Officer,...

...is a general call for papers. As such, the editors encourage the submission of scholarly pieces of relevance to public international law, including but not necessarily in relation to Palestine and the Palestinian people. The Yearbook is published in the English language, is edited at Birzeit University’s Institute of Law (Birzeit, Palestine), and published by Martinus Nijhoff Publishers (The Hague, The Netherlands). The Editor-in-Chief of the Yearbook is Mr. Ardi Imseis. The Yearbook is now accepting abstracts for review. Abstracts should include a working title, with a preliminary outline of the author’s research...

...of Foreign Relations Kevin meanwhile was (nearly) rendered speechless , not once but twice , first by the US Air Force’s claim that US militarism is a fitting tribute to Martin Luther King and then by an article quoting Jeh Johnson as stating that MLK would approve the US’ current wars. He also thought that it was pathetic for Susan Rice to object to a “State of Palestine” nameplate in the UN Security Council. And this brings me to his next post on Palestine, summarizing why it matters formally that...

...have been deliberately constructed in a manner that has resulted in apartheid, see Saree Makdisi’s Palestine Inside Out: An Everyday Occupation (2008), and Adi Ophir, Michal Givoni and Sari Hanafi, eds., The Power of Inclusive Exclusion: Anatomy of Israeli Rule in the Occupied Territories (2009). In the latter volume, Hilla Dayan notes that ’it is important to clarify that apartheid in South Africa is neither a precursor to nor repeated in Israel/Palestine, nor is apartheid a conceptual basis for comparing the two countries. The tendency in most comparisons of the...

...the 1903 Royal Commission on Alien Immigration and the Alien’s Act 1905. The book contains the most detailed legal analysis of the 1915-6 Hussein-McMahon correspondence, as well as the Balfour Declaration, and takes a closer look at the travaux préparatoires that formed the British Mandate of Palestine. It places the violent reaction of the Palestine Arabs to mass Jewish immigration in the context of Zionism, highlighting the findings of several British commissions of inquiry which recommended that Britain abandon its policy. The book also revisits the controversies over the question...

...like Hamas and Fatah, do not belong to the State of Palestine in the sense that they are fighting for the State and the State has accepted that the group is fighting on its behalf (2020 Commentary to GC III, para. 1,005). These groups are also not under the overall control of Palestine or another State in the sense that they have “a role in organising, coordinating or planning the military actions of the military group, in addition to financing, training and equipping or providing operational support” (Prosecutor v. Tadić,...

...Opinion can be found here.  A summary follows below.  The Opinion is partly based on my academic publications on the subject, which themselves draw on and cite the relevant primary and secondary sources: ‘ Tears of the Olive Trees: Mandatory Palestine, the UK, and accountability for colonialism in international law’ in the Journal of the History of International Law (2022); ‘Using the Master’s Tools to Dismantle the Master’s House: International Law and Palestinian Liberation’in the Palestine Yearbook of International Law (2021); ‘Compliance with human rights norms extraterritorially: ‘human rights imperialism’?’,...

...the most peaceful protests, particularly in public spaces such as train stations. Militarised police responses have been triggered by the use of specific language, such as the slogan: ‘From the river to the sea, Palestine will be free’. Moreover, talks by noted experts, such as Dr. Ghassan Abu Sitta and UN Special Rapporteur on Palestine Francesca Albanese have been cancelled. In both the United States and Germany, coordinators and taskforces on antisemitism have been established. In line with prevailing trends, these government units have primarily targeted students and faculty critical...