Search: palestine icc

...down on its deferent approach at a time when its intervention could not have been more critical. Crucially, many of the Israeli government’s regulations and practices have had a disparate impact on the most marginalized populations, especially Palestinians, who are already subjugated to a colonial regime with apartheid characteristics and suffer from long-lasting discriminatory policies and a second class socio-economic status.  This blog is split into two parts. Part 1 outlines the executive dominated response to the civil emergency brought on COVID-19 in Israel and Palestine. Part 2 analyzes in...

...those in our readership who are looking for recommendations or pedagogical materials, what are some of your favourite plays, movies, television shows, or books about international law? I wouldn’t presume to educate your readers on any legal non-fiction, so I’ll try to stick to fiction! One of my absolute favourites is a play called Oslo by J.T. Rodgers: it imagines the back-channel communications during the Oslo Peace Accords between Israel and Palestine. It’s just been adapted into a film for HBO which I’ve yet to watch, but I hear is...

...vessel, intercepted by the Israeli navy while attempting to symbolically breach the Gaza blockade in late 2012 (see the story, in Hebrew, here). The state requests the court to condemn the Estelle, which carried cement and toys, based on jurisdiction derived from the British Naval Prize Act of 1864 (!), and conferred to prize courts in Mandatory Palestine by the British Prize Act of 1939. At the time, Britain was interested in conferring such jurisdiction to courts in its colonies, protectorates and mandates in order to facilitate the condemnation of...

...to attempt to bring it into a political discussion around Afghanistan’s future stability. No more of that. And a report on FP’s The Cable predicts “a massive withdrawal” from international organizations pursuant to the legislative restriction on top of the UNESCO case as Palestine secures membership in others. The question is, how to rein Congress in? The courts have been useless (although the Jerusalem passport case has the potential at least to bring them back into the picture), and obviously Congress doesn’t do the president’s bidding on hot-button foreign policy...

...War supports an “elongated” concept of imminence. Alexander Wills added two more arguments in favour of allowing states to make article 12(3) declarations under the ICC Statute and for these to have retroactive effect . Also on the ICC and Palestine, Julian shared his two reactions to a NY Times op-ed by Professor George Bisharat calling for an ICC investigation , which triggered a lively discussion in the comments. A potential ICC’s claim was far from Israel’s only worry this week, with the UN Human Rights Council strongly condemning Israel’s...

...of the Statute by Palestine may lead to accountability for gross violations of human rights law and serious violations of international humanitarian law and justice for victims. 105. The existence of the settlements has had a heavy toll on the rights of the Palestinians. Their rights to freedom of self-determination, non-discrimination, freedom of movement, equality, due process, fair trial, not to be arbitrarily detained, liberty and security of person, freedom of expression, freedom to access places of worship, education, water, housing, adequate standard of living, property, access to natural resources...

...favor a legally binding treaty on AWS. Most States from the Global South, most prominently Argentina, Costa Rica, Palestine, and Mexico (for more information see here) but also several European countries (see for example here, for a comprehensive overview of country positions see here) support this position. It is rather improbable that all States Parties to the Convention on Certain Conventional Weapons (CCW) would agree on a Protocol on AWS. It is far more likely that an independent process will be initiated even though such a process would certainly not...

I’m delighted to call readers attention to a symposium next week on my friend Itamar Mann’s new book, Humanity at Sea: Maritime Migration and the Foundations of International Law, which was just published by Cambridge University Press. Here is the 411: This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global ‘refugee crisis’ can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese ‘boatpeople’, Haitian refugees seeking...

...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...

...v. Palestinian Authority and Palestine Liberation Organization, the Supreme Court will decide whether or not torture victims can sue corporations and other non-governmental entities, for their injuries. The two federal statutes at issue—the Torture Victim Protection Act (TVPA) and the Alien Tort Statute (ATS)—have been used for more than a decade to hold corporations liable for torture, genocide, crimes against humanity, and war crimes, even when those violations occurred outside of the United States. While Kiobel and Mohamad do not represent the first time that torture victims have sued corporations...

...case information sheet here). He is faced with charges of genocide, crimes against humanity and war crimes. American drones have allegedly killed 10 militants in Yemen, in a stepped-up effort to get a strangle hold on AQAP. Foreign Policy explores some of the potential dangers in for this move. Through an exchange of letters, Israel and Palestine have made a rare joint statement that both parties are “committed to peace.” Various subgroups of the Conference of the Parties of the UNFCCC and the Kyoto Protocol are meeting in Bonn from...

...To date, there is no clear-cut consensus on how states answer these questions, despite the continued expansion and evolution of drone warfare. Some examples of this expansion include Pakistan, Nigeria, Iraq and Turkey, all of which have conducted drone strikes against targets within their own borders. Israel has done the same in Palestine. Turkey has been accused of violating Iraq’s sovereignty and the US launched a drone strike in Iraq, a country in which it was not in a recognized armed conflict, that killed Qassem Soleimani (Alonso Gurmendi wrote here...