Search: palestine icc

I read with great interest Professor Bell’s analysis of whether the ICC would have jurisdiction to investigate and prosecute President Ahmadinejad for direct and public incitement to genocide. I just want to to point out that the jurisdictional question he discusses is actually more complicated than he suggests. The critical Article is Article 12, “Preconditions to the Exercise of Jurisdiction,” which reads: 1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5. 2....

...territorial commitments are one way the process could continue, at least for a time, in the face of attacks. The steps would also enable Israel to start the peace process by saying and showing that it is complying with the Road Map and Oslo on key issues related to the ultimate disposition of territory. This could strengthen Israel’s position on territorial questions, if it creates a climate for negotiations in which Palestine would agree to some Israeli retention of West Bank settlements. By contrast, if Israel expands settlements, roads and...

...of the dialectics at play. C- Epistemic Renewal Imagine yourself lecturing students from Argentina, China, Cuba, India, Iraq, Libya, Palestine, South Africa, Syria, Venezuela, and Yemen on the fundamentals of international law: the principle of world peace, sovereign equality of states, prohibition on the use of force, and promotion of economic and social advancement. One student enquires about the legality of the 2003 invasion of Iraq. Other than religion and skin colour, what’s so different about Ukraine, they wonder? Will the ICC issue arrest warrants for Blair and Bush? Another...

The US has criticized Israel’s decision to expand settlements in the E1 area, following the UNGA’s decision to grant Palestine non-member state status. Five European countries (France, Denmark, Sweden, the UK and Spain) and the Australian government has also summoned the Israeli ambassador in protest. Despite the criticism, Israel plans to move ahead with the settlement construction. More analysis about the effect of the UNGA’s resolution on statehood of Palestine can be found at the Arms Control Blog. Following intelligence reports, President Obama and Secretary of State Clinton repeated their...

...victims in Article 81 reflects existing language, that is, Rule 85 of the Rules of Procedure and Evidence of the International Criminal Court (“ICC RPE”). The justification for including a definition in the Convention was the need for greater certainty and worldwide uniformity with regards to the protection of victims. Rwanda, Democratic Republic of the Congo, Sierra Leone, Austria, Amnesty International, Redress, among others, were in favour of adding the definition.  However, some delegations, such as Switzerland, Australia, Canada, and the UK, questioned the need for the inclusion of such a definition....

...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...

...with academic institutions to integrate these topics into their curricula. Leverage the ICJ Advisory Opinion: Develop strategies to leverage the ICJ Advisory Opinion on Palestine by emphasising its findings in international legal forums and political advocacy. Use the opinion to support legal actions, shape diplomatic strategies, pursue corporate accountability, and pressure states to adhere to its conclusions. Strengthen Legal Actions at the ICJ and ICC: Intensify efforts to bring Israeli actions before the ICJ and ICC, focusing on the genocidal aspects of their policies. Compile and present comprehensive legal documentation...

...institutions. Suspension of arms trade is either not considered, or considered too late and at an insufficient scale. The larger question of international trade remains off-topic. Deploying a contrario reasoning, resistance movements regard trade as a potential intervention against states constantly exerting violent control and routinely killing people. Israeli violence in Palestine has also provoked the pursuit of trade as a resistance strategy in the form of a boycott (which has been running at different levels and degrees). For instance, many people avoid using products and companies supportive of the...

...features Martin Mits (ECtHR Judge) and Cathryn Costello (Hertie School and University of Oxford) as speakers, and Mariagiulia Giuffrè (Reader at Edge Hill University) as a discussant. The full programme of the event and registration are available on the Event page here. The webinar series is directed by Ksenija Turković and organised by Paolo Lobba (ECtHR/Bologna University) and Triestino Mariniello (Liverpool John Moores University). ‘The Long Walk to Justice: Palestine, Israel and the ICC’ Webinar: Nottingham Law School is pleased to invite you to this event about Palestine, Israel, and...

...communal public screenings, and heated debates on social media have elevated the vaunted halls of international justice into popular consciousness. In a recent piece for Opinion Juris, I argued that we have reached a new stage in international legal debates where vernacular accounts of international law fiercely challenge theoretical orthodoxy. And indeed, powerful vernacular conceptions of international law were and are on full display in the context of South Africa’s case, helping redefine expertise and legal knowledge. Supporters of Palestine watching a live screening of the genocide case with the...

[Owiso Owiso is a Doctoral Researcher in Public International Law at the University of Luxembourg.] Inter-governmental organisations are often theatres of inter-state politics. Why then does the suggestion that the International Criminal Court (ICC) may not be any different bother observers so? Well, that is perhaps because the ICC is not just another ‘ordinary’ inter-governmental organisation. It is also, and perhaps primarily, a judicial mechanism. As the only permanent international criminal court, and one with the grandiose ambition of ending impunity for international crimes, the ICC is often perceived by...

...operations, as this is the only way to secure a zero-civilian-casualty rate in Palestine. Others, including myself, were more sceptical. We believed reading the Order and the individual Judges’ separate opinions revealed that the Court’s intent was not to ordera ceasefire, primarily because, if that had been its intent, it would have simply spelled it out. Instead, only Judge Bhandari included wording favourable to this, and in a very vague way: “Going further though”, he said, “all participants in the conflict must ensure that all fighting and hostilities come to...