Search: palestine icc

...veto on Syria. This prevented the referral of Syria to the ICC in May 2014 as well as the adoption of numerous resolutions calling for cease fires and delivery of humanitarian aid. On Myanmar, China’s threatened veto blocked not only a referral of Myanmar to the ICC, but even Security Council debate over an arms embargo and sanctions following the upsurge of the ethnic cleansing campaign there in August 2017. For Myanmar this has left the ICC, intended to be the centerpiece of a “system” of international justice, restricted to...

...February 25th, Myanmar’s Junta stated that Russia’s invasion was “justified”, which coded it green. On March 2nd, though, Myanmar voted in favour of Resolution A/ES-11/L.1 – a full 180° turn – which coded it red. I decided to keep the latest intervention as the “final” one, but left the green colouring in the February 25th statement, to mark the extreme discrepancy.     I tracked statements by 197 sovereign entities (193 UN Member states, plus Kosovo, Taiwan, Palestine and the Holy See). Of these, 143 (72.59%) considered Russia’s invasion an act...

[Dr. Giuliana Rotola is a space law and policy specialist whose work spans sustainability, governance, Indigenous methodologies, and post-colonial approaches to space norms. She is fellowship coordinator at the Palestine Space Institute.] Earth Observation as Witness to Systematic Destruction International law defines genocide as acts committed with the intent to destroy a protected group. Amnesty International’s December 2024 report argues that Israel’s offensive on Gaza includes such prohibited acts, like mass killings, severe harm, and life-destroying conditions, showing a clear intent to destroy Palestinians. Framed by longstanding dispossession, apartheid, and...

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...

...and genocide. The first article of the Convention on the Prevention and Punishment of the Crime of Genocide (1948) is unequivocal on this obligation, so is IHL under Common Art. 1. When such violations are subject to sanctions, the objective is compliance with international law.   Sanctions for Violations in Gaza and the West Bank? The IPC declaration of famine in Gaza on 15 August 2025 marks the unimaginable. The devastation continued to spiral despite the stark alerts from the International Court of Justice (ICJ), the International Criminal Court (ICC), the...

...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....

...ratified the ICCPR, and Article 51(c) of the Constitution of India puts an obligation on the Government to “foster respect for international law and treaty obligations in the dealings of organised peoples with one another”. This piece analyses the incompatibility of the PSA with the provisions of the ICCPR. It also argues that though India has made a reservation to Article 9 of the ICCPR for the purpose of preventive detentions, its acts undermine the object and purpose of the ICCPR and hence constitute a violation of its obligations. Shortly...

...book. The event will be held mainly online (Zoom). Additionally, participants are welcome (self-funding) to attend the conference onsite (Oslo). For more information, click here. Events The Forthcoming ICJ Advisory Opinion and the Question of Palestine: On 14 June 2023 at 5 pm Jerusalem time (UTC+3), the Diakonia IHL Centre will host a webinar titled The Forthcoming ICJ Advisory Opinion and the Question of Palestine, featuring speakers Professor Susan Akram (Boston University), Dr Marco Longobardo (University of Westminster), and Dr Munir Nuseibah (Al-Quds University). To learn more and to register,...

...The Office of the Prosecutor has thus the authority to investigate alleged violations committed by all parties involved in the armed conflict, including both Hamas and Israel. In fact, since 2021, the ICC has been already investigating the alleged crimes committed in Gaza, West Bank and East Jerusalem (see the decision of the ICC Pre-Trial Chamber here). This signifies a significant legal avenue for addressing potential serious violations of IHL, particularly in cases where the involved parties fail to ensure accountability.  In addition, in situations where allegations of grave breaches...