Search: palestine icc
09 Oct Rethinking International Law After Gaza Symposium: Israel must be Expelled from the United Nations
[Saul J. Takahashi is Professor of Human Rights and Peace Studies at Osaka Jogakuin University. From March 2009 to May 2014, Saul served as Deputy Head of Office of the Office of the UN High Commissioner for Human Rights in Palestine.] The resolution adopted by the United Nations General Assembly (UNGA) on 18 September 2024, subsequent to the Advisory Opinion by the International Court of Justice (ICJ) on the legal consequences of Israeli policies and practices in the Palestinian territories conquered by Israel in 1967 (the “Occupied Palestinian Territories” –...
04 Sep Breaking the Consensus of Wrongdoing Among States At War: The Judicialization of the Ukraine and Gaza Wars
...and, simultaneously, to develop the law and the principle of the international rule of law. The recent turn to public interest litigation as a forum of protest, and to courts as socially conscious actors able to offer new narratives or alternatives to the unlimited exercise of power, may lead to an unmanageable proliferation of disputes. Moreover, within the existing international legal framework, it is difficult to recognize the possibility of an end to crime and other wrongs, especially through the ICC. The ICC has failed to secure sufficient convictions and...
05 Sep Iran’s Threat of Retaliation
...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...
11 Oct Rethinking International Law After Gaza Symposium: Trade, Resistance and International Law – Responding to Atrocities
...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...
09 Jul Gaza, the ICJ, and Expertise in International Law: Who Can ‘Speak the Law’?
...communal public screenings, and heated debates on social media have elevated the vaunted halls of international justice into popular consciousness. In a recent piece for Opinion Juris, I argued that we have reached a new stage in international legal debates where vernacular accounts of international law fiercely challenge theoretical orthodoxy. And indeed, powerful vernacular conceptions of international law were and are on full display in the context of South Africa’s case, helping redefine expertise and legal knowledge. Supporters of Palestine watching a live screening of the genocide case with the...
27 May Affective Justice Symposium: Affected Justice–Using Criminal Justice as a Political Tool
...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...16 Feb Another Dangerous Lawsuit — This One Involving a Former U.S. President
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...
31 Oct Fifth Annual Symposium on Pop Culture and International Law: “I Am Your Way Out” – Reading the Violence of Validation in International Law Through the Movie Sinners
...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...
11 Oct Rethinking International Law After Gaza BILC 2024: Summary and Declaration
...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...09 Apr White America Fights for Democracy
...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...