Search: palestine icc

...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...

...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...

...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...

...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...

...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...

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...

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...

...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...