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Search: palestine icc

20 Apr

...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...
20.04.21 | |

03 Nov

[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...
03.11.25 | |

01 Dec

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...
01.12.12 | |

11 Oct

...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...
11.10.24 | , , and |

31 Mar

...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...
31.03.15 | |

22 Jul

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...
22.07.17 | |

19 Jul

...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...
19.07.12 | |

26 Jul

...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...
26.07.09 | |

15 May

...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...
15.05.13 | |

04 Apr

...occurred “in the course of” armed conflict between Israel and the PA. This lawsuit, and six others with identical facts, will most likely go forward. Whether these lawsuits are helpful in ultimately resolving the Israel-PA conflict is less likely, especially when a U.S. court has to rule on questions such as Palestine’s statehood and the legality of its attacks under international law. But the victims have an undoubtedly powerful claim here and it is hard to say no to them, especially when the statutes plainly authorize these kinds of lawsuits....
04.04.06 | |

26 May

...Serbia. Israel could claim Iran has violated Article 3(c)’s prohibition on “direct and public incitement to commit genocide.” Still, even though it seems as if Iran’s president Ahmadinejad probably would like to annihilate Israel, I’m doubtful whether a claim for “inciting” genocide without any actual hostile actions that might constitute genocide will “succeed.” Moreover, Israel is just opening the door to a similar claim brought by Palestine (see here for a detailed roadmap for just such a suit) and can look forward to several years of very slow ICJ litigation....
26.05.06 | |

28 Sep

A federal district court in Washington has ruled that the answer is no. In Biton v. Palestinian Interim Self-Government Authority, the court ruled that it had jurisdiction over the Palestinian Authority, and that recent developments do not confer sovereign immunity on defendant. The defendant argued that: We recognize that the court previously has held that [D]efendants are collaterally estopped from arguing that Palestine is a “foreign state” for purposes of the ATA. New developments, namely an Israeli court’s recognition that the [Palestinian Authority] is entitled to immunity and the Israeli...
28.09.07 | |