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...

...organisations, this marked the fifth convening dedicated to examining the treaty’s apartheid provision. It brought together activists, practitioners, and scholars from South Africa, Namibia, Palestine, Afghanistan, and beyond, creating a space for dialogue among communities with lived experience of systemic domination. The timing of the convening was particularly significant, as its discussions and outcomes were intended to inform state submissions on the draft treaty text to the UN Secretary-General ahead of the 30 April deadline. Those submissions will feed into the consolidated negotiating text to be considered at the Preparatory...

...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...

...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...

...translation is difficult, we might describe sumud as steadfastness or endurance in the face of dispossession. Sumud is the active, deliberate, and communal refusal to accept the erasure of Palestine and Palestinians. It is a posture against domination that sits between accommodation and rebellion. Drawing on the Black political philosopher Vincent Lloyd, sumud is the act of living in a world that has marked you for death: to cultivate, to read, to parent, to mourn, to build, and to imagine in conditions designed to make all of these banal acts...

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...

...probably a reference to the crime defined in the Rome Statute. Indeed, the situation in Palestine (Occupied Palestinian Territory, including East Jerusalem) falls within the jurisdiction of the ICC and it is therefore the appropriate legal framework to consider in this context. The focus of this comment is therefore restricted to the operation of the Death Penalty Law in Palestine (the occupied West Bank in particular), and not the amendments to the criminal law of Israel and as it applies in the State of Israel (which would fall outside the...

...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...

...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...

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...