Search: palestine icc

Introduction Of all the questions I’ve been asked concerning the latest round of violence in the Israel/Palestine situation, the most common is whether Israel’s actions in Gaza amount to the war crime of collective punishment. Because of my role as a Special Advisor to the ICC Prosecutor, it would be inappropriate for me to address that question; there is, of course, an open OTP investigation into the situation in Palestine. But I thought it might be useful to provide readers with a short history of the war crime itself, because...

This week on Opinio Juris, Kevin Jon Heller wrote about Niger’s offer to extradite Saadi Gaddafi to the ICC, should this be requested. Kevin also discussed the conditions attached by the UK for a vote in favour of Palestine’s “non-member state” bid in the UN General Assembly. The requirement that the Palestinian authority does not apply for ICC or ICJ membership most likely proved to be a dealbreaker, as the UK ultimately abstained. Following the vote, Kevin argued that Palestine can accept the ICC’s jurisdiction retroactively by making a simple...

...consider as ICC’s expansive reach of jurisdiction. It is also noteworthy that the Security Council has not taken sufficient steps to ensure cooperation in compliance with the two resolutions referring Sudan and Libya to the ICC (see, Aregawi). This is in addition to not providing financial support to the Court for the referred situations. After years of selecting situations primarily on the African continent, the Court has in the past few years started focussing on other situations in other parts of the world. What may have been a turning point...

...openly pro-Palestine Ivy Leaguers. And so, “wait a minute!”, the white Progressive mind thinks, “I am also pro-Palestine Ivy Leaguer!” There is thus something very self-serving brewing just barely under the surface of the urgency with which this fight for US democracy is taking shape – and it is worth exploring further. As the white Progressive elites claw themselves to the bulwarks of due process and fundamental rights and declare that the battle for the soul of America has begun, they also seem to ignore that for many others, the...

According to the Jerusalem Post, five purchasers of Jimmy Carter’s new book Palestine: Peace Not Apartheid have filed a $5 million lawsuit in federal court in New York against Carter and Simon & Schuster, the book’s publisher. The lawsuit alleges that the book violates New York consumer-protection laws by claiming to be a work of non-fiction (my emphasis): The five plaintiffs in the suit, readers of the book, want their lawsuit, which seeks compensatory and punitive damages, to be deemed a class action, meaning that the plaintiffs would be seen...

...pursue justice at all costs for the victims of the Israeli-Palestinian conflict – to be fair, there have been sporadic calls for movement, but these have been few and far between and not nearly as vociferous as the calls for justice for the victims where the not so powerful are implicated. In respect of the situation in Palestine, legal technical arguments about doubts concerning the statehood of Palestine are able to considerably slow down movement. In that conflict, as is the case in other situations that may implicate the powerful...

...the provisions of the law of occupation – on Third States obligations to take measures against Israeli settler violence. In this post, I build on the study Violence and State Attribution: The Case of Occupied Palestine and the ICJ’s Advisory Opinion of July 2024 on Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. I briefly discuss the legal basis on which Third States must prevent, stop and punish extremist settler violence as a form of State atrocities. I argue that...

...pre-state British Mandate which approved the establishment of a Jewish homeland in Palestine, without specifying its borders. To further the claims of Jewish settlers, the committee recommends streamlining bureaucratic obstacles to construction in the Jewish settlements, retroactively approving homes built without permits and relaxing restrictions on building on land claimed to be privately owned by Palestinians. Without subscribing to the recommendations of the Levy Committee or its justification for Israel’s territorial claims to the West Bank, I enthusiastically endorse its candor. For decades, Israeli government lawyers have argued that the...

...the University of Southampton on April 17-19th will engage controversial questions concerning the manner of Israel’s foundation and its nature, including ongoing forced displacements of Palestinians and associated injustices. The conference will examine how international law could be deployed, expanded, even re-imagined, in order to achieve regional peace and reconciliation based on justice. The conference is intended to broaden debates and legal arguments concerning historic Palestine and the nature, role, and potentialities of international law itself. Participants will be a part of a multidisciplinary debate reflecting diverse perspectives, and thus...

I opened Facebook just now to find the following post from my brilliant student at SOAS, Tamara Tamimi, whose MA dissertation — written under my supervision — received the law school’s award for the best MA dissertation of the year: I am angry, frustrated and sad. I was denied entry clearance into the UK to attend my graduation from SOAS University of London. I finished my MA in Human Rights Law from SOAS, University of London ten months ago and returned to my homeland, Palestine. I decided to go through...

...a prior controversy involving HRW and the Palestinian-Israeli conflict. HRW criticized Palestinian officials for urging civilians to serve as human shields. Anti-Israel commentators, led by rabidly anti-Israel activist Norman Finkelstein, went ballistic. So how did HRW react? Did Ken Roth say, “We report on Palestine. Its supporters fight back with lies and deception.” Did Middle East director Sarah Leah Whitson accuse HRW’s critics of racism? Not exactly. HRW instead issued an abject apology. In fact, if you try to find the original press release on its website, you instead find...

...ICC's Rome Statute in order to handle a specific case before them. In the future, if G.W. Bush, Cheney, Rumsfeld, Rice, and others were alleged to have authorized or abetted war crimes (e.g., torture and cruel, inhuman treatment of detainees) and crimes against humanity (e.g., secret detention) in Afghanistan, which is a party to the Rome Statute, and another party refers the case to the ICC, I do not believe that the ICC would have to address the entire conflict in Afghanistan and/or elsewhere in order to address the specific...