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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 | |

10 Jan

...If only some of the time spent on such matters was devoted to learning the history and daily experience of Palestinians in the West Bank, Gaza (and elsewhere) up to and during this latest war, as well as coming to an honest assessment of precisely how and why the Israelis have driven themselves into an historical and political dead end. On the former see, for instance, Saree Makdisi's Palestine Inside Out: An Everyday Occupation (New York: W. W. Norton, 2008), and for the latter, see Sylvain Cypel's Walled: Israeli Society...
10.01.09 | |

26 Aug

...is the fact that states can derogate from the ICCPR when in a state of emergency and therefore can overide all rights during this specific time?So long as they follow the procedural methods prescribed? Is it not also true that the purpose of the Security Council is to intervene when there is a threat to international peace and security? Is it not also true that we do not have a positive duty to act? BUT A moral duty to act and therefore we must find a way to intervene at...
26.08.13 | |

26 Jul

...indiscriminate. Depending on circumstantial evidence of intent, could it also be a criime against humanity of the traditional type (not the ICC definition with its many limitations)-- and attack on civilians? carl meyer Mainen, Kevin's argument has been expressed a number of times and he portrayed a more complex reality. This is an old post that he published: "I am not completely convinced that Gaza is still occupied by Israel. It’s very close, with good arguments on both sides. Two points, though: 1. if it is not, then Israel’s blockade...
26.07.14 | |

27 Jul

...Israel, though, it was admitted right after the armistice agreements were signed and thus the Charter did not apply to the Independence War. Since the Charter is a conventional norm, I think it has full force the moment it goes into effect, and does not need to "gain steam" like a customary norm. Charles Gittings Huh?? Palestine was administered by Britain, a charter memeber of the UN, under a League of Nations mandate. Not only does the UN Charter apply, the original mandate does as well. It's a situation that...
27.07.07 | |

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 | |

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 | |

18 Apr

...fact finding mission to Palestine on the impact of Israeli settlements and the Special Rapporteur on human rights in Palestine cited the culpability of transnational corporations and other businesses in the illegal settlement enterprise, including US-based Remax. Mister I read the linked district court opinion and it seems quite well-reasoned. While the blog post author is not in favor of ATS corp liability, the arguments in favor of same - as expressed by the SDNY court - are persuasive. Jordan But the Cir. decision in Kiobel was patently absolutely in...
18.04.14 | |

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 | |

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 | |

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 | |