Search: palestine icc

...accurately labeled. Crawford’s report can be downloaded here. I was particularly struck by its final paragraph, in which Crawford says the following: Unfortunately, the present reality of the political situation in Palestine is such that it is unlikely that any adverse legal ramifications will result from States or private entities continuing to engage with the unlawful settlements. As noted by the [ICJ] in its Namibia judgment: “the qualification of a situation as illegal does not by itself put an end to it. It can only be the first, necessary step...

The San Francisco Chronicle has the story: The conference, titled “Litigating Palestine,” took place at the San Francisco campus March 25 and 26. The 13 speakers – four of them Jewish, according to a school official – discussed legal issues and court cases involving Israel’s occupation of the West Bank and Gaza, protests, consumer boycotts and related topics. The event, approved by Hastings’ faculty, had listed the school’s foundation as a co-sponsor along with the Trans-Arab Research Institute. But on the evening of March 24, Hastings’ Board of Directors held...

really ? How can Kosovo and especially Palestine compare to some small village with the population of 598 in the middle of Rome? That's not even funny. Brian Finucane Julian, The bar for statehood has been low for some time. Most of the newly independent countries of Africa were immediately recognized as states and admitted to the UN during decolonization irrespective of whether they possessed governments capable of controlling their territories. Are Kosovo and Palestine less like states today than the DRC was in 1960? M. Gross There's a number...

...promotes disruptive elements in society, not Amb Baker's creed. The only fortunate part is that Jews like you are not in a majority. The "tens of thousands of supporters" are the anti-Semitic lot who provide the oxygen for radical Islamists the world over. Mark Response...C'mon Kevin. Don't be coy and don't play us for fools. If Israel unilaterally withdrew from the West Bank tomorrow, you and the rest of BDS would still claim it was occupied. Kumar @MArk... Know something Mark, Israel's existence will be questioned even assuming the Palestine...

...its marketing strategy." (p. 19) -- Israel has no "colonial mandate". The claim of a right to build settlements in the West Bank is based on the prior document controlling Palestine, i.e. the Mandate, which existed BEFORE Israel. (Does Salaita know this?) Israel's origin was not "colonial". The Jews in Mandatory Palestine were governed by Britain, just as the Arabs were; the Jews were not agents of the Brits. Israel "prevents an indigenous population from accessing even the most basic rights of citizenship." (p. 22) No it doesn't; Israeli Arabs...

...in general international law even though they had long been numerically preponderant in Palestine, owning most of the land, and even reaching high political office under the Turks. This is because at that time self-determination was, at best, a political principle. It did not exist as an independent legal right, which all peoples could invoke. However, the Arabs were represented at the Paris Peace Conference. Emir Feisal was given a right of audience by the Great Powers and in his speech before them he did assert a claim to Palestine.18...

...For example, the Palestinian Arab communities of Israel cannot bring charges of apartheid against the State of Israel in the ICC, unless they are first recognized as a state. This despite the fact that the ethnic communities of Palestine were recognized and were the subject of international guarantees ever since the time of the Treaty of Berlin and the LoN mandate. How does international criminal law protect them against outrages like the Prawer plan so long as the US will veto any referral to the ICC? I don't hear you...

...either. [insert here] delenda est KJH, if I do wish you wrote less about Israel and Palestine it is because I get much more out of your writing about, eg, the ICC. As it happens I consider BDS to be an abomination, insofar as bad ideas go. I didn't think this of the divestment of interests in South Africa but I don't actually see the logical link, unless it is to highlight the absurdity of choosing Israel for 'BDS'. But I am reassured to hear that you do oppose any...

...parties concerned, that were considered tantamount to legally binding treaties. For example, the minority protection plan contained in resolution 181(II) placed fundamental rights under UN guarantee and was cited in the GA request and the ICJ advisory opinion as a relevant resolution that was the source of the UN's permanent or on-going responsibility for the question of Palestine. It was included in a catalog of minority treaties and instruments published by the Secretary General in 1950. The plan for Palestine was the only instrument that wasn’t deemed to be affected...

...indeed built for that purpose, and here I'm afraid there is no clear answer. East Jerusalem Palestinians ride it freely (and they make much use of it), but since Israel annexed East Jerusalem and separated it almost completely from the West Bank, it doesn't service Palestinians at large. If there was freedom of movement from the West Bank to Jerusalem, I guess Israel would have a strong case. Daniel Accepting this decision, I presume the war crime over which the ICC has jurisdiction could only be committed by government officials...

...behavior: • Bröning, Michael. The Politics of Change in Palestine: State-Building and Nonviolent Resistance. London: Pluto Press, 2011. (contains an excellent chapter on Hamas) • Caridi, Paola. Hamas: From Resistance to Government. New York: Seven Stories Press, 2012. • Gunning, Jeroen. Hamas in Politics: Democracy, Religion, Violence. New York: Columbia University Press, 2009. • Mishal, Shaul and Avraham Sela. The Palestinian Hamas: Vision, Violence, and Coexistence. New York: Columbia University Press, 2000. • Roy, Sara. Hamas and Civil Society: Engaging the Islamist Social Sector. Princeton, NJ: Princeton University Press, 2011....

...and, simultaneously, to develop the law and the principle of the international rule of law. The recent turn to public interest litigation as a forum of protest, and to courts as socially conscious actors able to offer new narratives or alternatives to the unlimited exercise of power, may lead to an unmanageable proliferation of disputes. Moreover, within the existing international legal framework, it is difficult to recognize the possibility of an end to crime and other wrongs, especially through the ICC. The ICC has failed to secure sufficient convictions and...