Search: palestine icc

...international law Palestine has the right to resist militarily based on its right to self-determination—both in its quest for statehood and in opposing Israeli military occupation, as recently confirmed by the ICJ’s Advisory Opinion on the Policies and Practices of Israel in the OPT – then Hamas leaders might be considered to enjoy elevated rights under international law, possibly even an informal right to immunity. Although the Palestine Liberation Organization (PLO) is internationally recognized as the representative of the Palestinian people, it is Hamas that actually conducts trials ‘on the...

...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...

...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...

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...

...proposal, Eurocentric ideas were used to justify slavery, colonialism, theft of cultural artefacts, and unbridled interference in the affairs of countries in the Global South. This is also reflected in how the international community responds to international conflicts and determines which civilians are worthy of protection. A glaring hypocrisy is the reaction to the conflicts between Ukraine and Russia on the one hand, and Israel and Palestine on the other. In the former case, there was a swift rallying of support behind Ukraine, a European nation that was on the...

...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...

...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...

...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...

[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...

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...

...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...