Search: palestine icc
29 Mar Comparing the ICJ’s Provisional Measures Orders in South Africa v. Israel
...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...
16 Aug Symposium on Oumar Ba’s Book ‘States of Justice: The Politics of the International Criminal Court’–Introductory Post
[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...
28 Nov Profiting from Atrocity: The Emerging Legal Threat to Companies Enabling War Crimes
...products would be used to commit international crimes. For the last two years, despite attempts at censorship or one-sided narratives, evidence of war crimes and atrocities in Gaza has been documented and shared on mainstream and social media, and there have been multiple briefings at the United Nations and domestic-level governmental bodies. In addition, the International Criminal Court (ICC) has an ongoing investigation of the situation in Palestine and the International Court of Justice (ICJ) has held lengthy hearings, examined voluminous amounts of evidence, and issued preliminary measures. Notably, in...16 Jul Remedies for Settlements: A Return to What Status Quo?
...Indeed, there was not even discussion as far as I know of the obligation to deport that has been asserted in our discussions here. So there appears to be alot of flexbility in this rule. But lets say the others are right: the remedy is to reverse the illegal situation in all of its particulars, to ‘67. Let us play out the implications. From ’49-67, part of historic Palestine was occupied by Jordan. There was not much international pressure on Jordan to reverse this illegal situation, let alone to return...01 Dec Weekend Roundup: November 25-30, 2012
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...15 Jun Events and Announcements: 15 June 2025
...textbook’s present table of contents is International Human Rights and Humanitarian Law – Google Books. Mr. Martin also invites you to suggest how the textbook could be revised in terms of organization and subject matter. You can reach Mr. Martin at ffmartin60@gmail.com. Call for Papers Special Issue of Boğaziçi Law Review – Palestine and International Law : This special issue invites critical and creative contributions that interrogate international law’s role in the oppression and potential liberation of Palestine. Building on discussions from the 2024 conference Rethinking International Law After Gaza,...
03 Nov Genocide at The Hague: A Transitional Justice Reckoning?
[Dr Jeremie M. Bracka is an international human rights law scholar and transitional justice expert at RMIT University’s School of Law (Melbourne). He previously worked at the International Criminal Tribunal for Rwanda and is the author of Transitional Justice for Israel/Palestine? (Springer, 2022)] The International Court of Justice (ICJ) is witnessing a striking rise in genocide litigation, as global armed conflicts find their way to The Hague. On 19 September 2025, Brazil submitted its formal intervention in South Africa’s case against Israel, a move that further amplifies the Court’s growing...
30 Aug The Jammu and Kashmir Public Safety: A Gross Violation of the ICCPR
...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...11 Jun Events and Announcements: 11 June 2023
...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,...
27 Dec Access to Freshwater and Accountability Issues in the Israel-Hamas Armed Conflict
...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...