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Search: palestine icc

30 Aug

...ratified the ICCPR, and Article 51(c) of the Constitution of India puts an obligation on the Government to “foster respect for international law and treaty obligations in the dealings of organised peoples with one another”. This piece analyses the incompatibility of the PSA with the provisions of the ICCPR. It also argues that though India has made a reservation to Article 9 of the ICCPR for the purpose of preventive detentions, its acts undermine the object and purpose of the ICCPR and hence constitute a violation of its obligations. Shortly...
30.08.21 | |

16 Jun

...of the Case The applicants are eleven members of the ‘Palestine 68 Collective’, a French organization supporting the Boycott, Divestment, Sanctions (BDS) movement. The movement was founded on July 9, 2005 as a response from Palestinian non-governmental organizations to the Advisory Opinion on the Legality of Israel’s Construction of a Wall delivered by the International Court of Justice (ICJ) the year before. According to the ICJ, the Wall and the regime of de facto annexation it created was contrary to international law, and in particular international humanitarian law, international human...
16.06.20 | |

27 Dec

...The Office of the Prosecutor has thus the authority to investigate alleged violations committed by all parties involved in the armed conflict, including both Hamas and Israel. In fact, since 2021, the ICC has been already investigating the alleged crimes committed in Gaza, West Bank and East Jerusalem (see the decision of the ICC Pre-Trial Chamber here). This signifies a significant legal avenue for addressing potential serious violations of IHL, particularly in cases where the involved parties fail to ensure accountability.  In addition, in situations where allegations of grave breaches...
27.12.23 | and |

11 Jun

...book. The event will be held mainly online (Zoom). Additionally, participants are welcome (self-funding) to attend the conference onsite (Oslo). For more information, click here. Events The Forthcoming ICJ Advisory Opinion and the Question of Palestine: On 14 June 2023 at 5 pm Jerusalem time (UTC+3), the Diakonia IHL Centre will host a webinar titled The Forthcoming ICJ Advisory Opinion and the Question of Palestine, featuring speakers Professor Susan Akram (Boston University), Dr Marco Longobardo (University of Westminster), and Dr Munir Nuseibah (Al-Quds University). To learn more and to register,...
11.06.23 | |

23 Oct

...a year ago, after seeing materially no change in the paralysis of this case. At this stage in the ongoing saga, it is proper to question the role of the Bureau of the Assembly and their management of the investigation, the novel and equally worrying next steps planned after the receipt of the findings and the larger context surrounding a case that should have been dealt in an exemplary way but has found itself tangled in the geopolitics of the situation of the State of Palestine before the Chambers. At...
23.10.25 | |

31 Mar

...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...
31.03.15 | |

22 Jul

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...
22.07.17 | |

19 Jul

...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...
19.07.12 | |

26 Jul

...a prior controversy involving HRW and the Palestinian-Israeli conflict. HRW criticized Palestinian officials for urging civilians to serve as human shields. Anti-Israel commentators, led by rabidly anti-Israel activist Norman Finkelstein, went ballistic. So how did HRW react? Did Ken Roth say, “We report on Palestine. Its supporters fight back with lies and deception.” Did Middle East director Sarah Leah Whitson accuse HRW’s critics of racism? Not exactly. HRW instead issued an abject apology. In fact, if you try to find the original press release on its website, you instead find...
26.07.09 | |

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 | |

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 | |