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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 | |

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 | |

27 Apr

Wikileaks also revealed that IDF Military Advocate General Mandelblit had advised U.S. officials that the government of Israel considered the Palestinian Article 12(3) declaration accepting the jurisdiction of the ICC as an "act of war". He asked the US to weigh-in with the PA and the ICC and publicly state that the ICC lacked jurisdiction. In a subsequent meeting between US Ambassador Rice and ICC President Song, the Judge advised that many states feared U.S. retaliation if they were to become parties to the Rome Statute. The Ambassador said the...
27.04.12 | |

15 Sep

...isn't worth a lot. First, the Israeli government refused to cooperate, thereby denying from the Commission relevant evidence. Second, the media reported that Goldstone's people were escorted by Hamas militants when they interviewed Palestinian witnesses. Violations by Hamas, therefore, were very hard to identify. olga13 This report is is pro - Palestine only. I agree with donna, Hamas attacked Israeli civilians for many years. Israel tryed to reach a peace agreement the political way, but it didn't work. Salah I think call this report biased is just norm by Israelis...
15.09.09 | |

05 Nov

clearly inapplicable to Gaza. ---------------- In closing, the ICC egregiously cherrypicked from a list of guidelines, and even the guideline is highlighted does not support the assertion that Israel occupies Gaza. Jurist 1942 Matthew Thank you for the informative post. It worries me however that the ICC can be so egregious. Many have stated similar issues with other reports by Un bodies. I am shocked that an organisation that is seen by many to be a World court fo some kind can be act so improperly with regards to its...
05.11.14 | |

23 Dec

Consul-At-Arms While I assume you meant your questions ("Has there ever been a terrorist attack undertaken by an accredited diplomat?") to be rhetorical, I nearly came to the conclusion that you were being sarcastic or ironic or something. "Diplomats" accredited to certain country(ies), namely Iran (although Libya and "Palestine" also come to mind) have a history of carrying out assassinations and terrorist acts. Do your homework. Peter Spiro Sorry, I should have been clearer. I understand that diplomats have run terrorist operations out of embassies. But has a diplomat traveling...
23.12.10 | |

02 Jun

...of Palestine" claim Hamas terrorists are its "armed forces"? Is the "state" going to acknowledge command responsibility over them? Don't hold your breath. It is also far from clear that the Palestinian Authority (which does not, in fact, rule Gaza) is the government of the "state of Palestine." And if you read its peculiar statement that "Palestine" accepted the Rome Treaty you'll see that it seems an attempt to avoid accepting the jurisdiction of the ICC except for purposes of prosecuting Israelis. Now, it might be that it will get...
02.06.10 | |

15 Nov

...resolution never became law. It is my understanding that what governs in this case is the 1922 Mandate for Palestine, a "sacred trust" which has never been amended or abrogated and which reserved all of Western Palestine for World Jewry. I know of no document which supersedes this Mandate. Even Jordan recognizes Israel's eastern border with it as the middle of the course of the Jordan and Yarmouk Rivers. (See the 199i4 peace treaty between Israel and Jordan for this language.) Kumar @ Yisrael Medad, Marjorie Stamm Rosenfeld & Avinoam...
15.11.16 | |

28 Nov

1988 UN Drug Convention, and that the reporter misunderstood the quotes as relating to future cases as well. In fact, reporters seemed to be getting things wrong right and left yesterday. Reuters headlined its story about the Colombia denunciation "Colombia withdraws from pact required it to abide by ICJ rulings", and, before updates, a Reuters article referred to Palestine's bid for "semi-statehood" today (the current version now refers to an implicit recognition of the "sovereign state of Palestine", so someone must have recognized the error and tacked the other way)!...
28.11.12 | |

02 May

..."war"). But, however that may be, no statement to the effect that the US is "engaged in a war" could possibly provide any legal justification, either for any use of force in the sense of Article 2(4) of the Charter, or in any other sense (disregarding for a moment the possibility of a derogation from the ICCPR under its Article 4 - which is not openly dependent on any state of "war", and which in any event has never been declared). For present purposes of the attack in (arguably: on)...
02.05.08 | |

03 Jul

...Goldstone changed his mind about whether Israel intentionally attacked civilians based on evidence that came to light after the report was published. He did not "publicly disassociate himself from the exercise." You can read his op-ed in the Washington Post for yourself here. That said, I encourage you to read NGO Monitor's "analysis" and "refutation" of the new Gaza Report. It's more entertaining, and no less fictional, than the new Stephen King novel "Finders Keepers." shmuel Kevin, this is hardly the case when she writes on Israel/Palestine. The article that...
03.07.15 | |