Search: palestine icc
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...29 Sep Events and Announcements: September 29, 2019
Call for Papers The Palestine Yearbook of International Law (PYBIL) has opened an invitation for an additional round of submissions for Volume XXII. We welcome general submissions related to public international law. We are interested in particular in critical approaches to international law, and welcome submissions in relation to Palestine. This peer-reviewed volume would include articles, case commentaries, and book reviews. Articles should not exceed 12,000 words, including footnotes. Submissions to the general Articles section will be reviewed by the editorial board in addition to anonymous review by external experts to...
17 Mar Legally Defining Ecocide: Implications for Addressing Environmental Racism and Prioritizing Human Health in International Law
...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...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...
22 Oct Israel’s Ecological Apartheid in the Occupied Palestinian Territory
[ 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,...
03 Aug Could the OTP Withdraw the Netanyahu and Gallant Arrest Warrants?
...the next Prosecutor will try to withdraw the charges against Netanyahu and Gallant. Even if they have that power, they don’t have to use it. Moreover, instead of taking the reputational hit that would accompany formally withdrawing charges, the OTP could simply do nothing on the Palestine investigation. As the Appeals Chamber held in the Afghanistan situation, the Pre-Trial Chamber does not have the authority to tell the OTP how to allocate its resources. I can’t predict the future of the Palestine investigation, although I do know that the Netanyahu...07 Jun Obama’s Historic “Children of Abraham” Speech
...Terrorism is inconsistent with Islam. This explains our actions in Afghanistan, but not Iraq. Iraq is now better off without Hussein, but we will soon leave Iraq to govern itself. She will be our partner, not our patron. We have lost our way in responding to violent extremism and I have called upon the end of torture and the closing of Guantanamo Bay. Bottom line: America will defend itself, but do so respectful of the sovereignty of other nations and the rule of law. Israel and Palestine: America’s ties with...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...
23 Dec The Illegality of the Israeli Occupation of the Palestinian West Bank (including East Jerusalem) and Gaza: What the International Court of Justice Will Have to Determine in its Advisory Opinion for the United Nations General Assembly
...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’?’,...