Search: palestine icc

...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...

...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...

...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...

...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...

...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...

thousands more victims. It would also inform legal strategies for future prosecutions under the Rome Statute. Article 21 permits the ICC to interpret the law in light of evolving legal norms. Thus, modernizing the definition of apartheid under a new treaty could strengthen future ICC apartheid prosecutions. Germany’s longstanding reparations program demonstrates the importance of confronting discrimination, acknowledging historical injustices, and recognizing a wide range of victim groups. Beginning in the 1950s with the Federal Compensation Law, reparations were initially extended to Jewish Holocaust survivors and others persecuted on racial,...

...on it to become more efficient at promoting justice, peace, and solidarity. Here is an excerpt: 12. Looking at the present world situation, we can note with satisfaction certain signs of hope in the work of building peace. I think, for example, of the decrease in the number of armed conflicts. Here we are speaking of a few, very tentative steps forward along the path of peace, yet ones which even now are able to hold out a future of greater serenity, particularly for the suffering people of Palestine, the...

Kevin kicked off the week with a post about Jean-Pierre Bemba’s claim against the ICC for €70 million following his final acquittal. While Kevin was skeptical about the merits of Bemba’s compensation claim for €22 million based on his decade of wrongful detention, Kevin was more optimistic about the success Bemba’s spoliation claim for €42.4 million resulting from the ICC’s negligent management of his frozen assets. Kevin continued his commentary with a post on the ramifications of the Philippines’ withdrawal from the Rome Statute on the OTP’s preliminary examination. Steven...

...distribute and acquire vaccines on their own, freed from the effective control of big IP rights holding pharmaceutical companies.  This is important, because as the research by the International Commission of Jurists (ICJ) in Southern Africa, Nepal, Palestine/Israel, Thailand and Colombia has shown, COVID-19 vaccine access remains highly unequal. Much of the world remains unvaccinated while a small number of countries are now in a position to give “booster shots” despite the WHO’s condemnation.  Important as universal vaccine access is it is crucial to understand the broader impacts of a...

...at the leading liberal powers of the modern world. Which is not to deny that even paranoids have enemies; Arabs displaced from their homes in Palestine by British-sponsored Jewish colonists, like native Americans, Mexicans and Cajuns displaced by Anglo-Americans in the U.S. and Canada, surely have reasons to object to British and U.S. foreign policy quite apart from illiberalism, Anglophobia, anti-Americanism or anti-semitism. Mead is right, too, to root the liberal Anglo-American tradition in the early modern Netherlands. Here, however, I would suggest an emendation to his account. As Luciano...

...fiscal crisis if foreign aid is not restored and if Israel does not ease its restrictions in the occupied West Bank. In other Palestine-related news, William Schabas points to the letter by several prominent international (criminal) law scholars addressed to the Assembly of States Parties (ASP) of the International Criminal Court urging the ASP to consider the Palestinian statehood question at its upcoming meeting in November. The African Union-led force has assumed command over troops hunting Joseph Kony and other rebel leaders of the Lord’s Resistance Army in Uganda, but...

...interests, and I will briefly discuss how breaches of digital dignity in conflict-related deaths could be framed as war crimes under the Rome Statute. Finally, a short disclaimer is necessary before delving deeper into the analysis. The reasoning presented in this blogpost may seem in contrast with discussions around the censorship of certain images and content (see the “all eyes on Rafah” trend, or HRW’s report on Meta’s censorship of pro-Palestine content). While acknowledging the importance of the debate against censorship, it is essential to note that media outlets play...