Search: palestine icc
11 Feb Rethinking International Dispute Settlement: Norm Fatigue in a Coercive Hegemonic System
...simplify. Georges Abi Saab observed that: “the possibility or threat of going to court, when such a possibility exists (in terms of competent forum and jurisdictional title) will always be lurking at the back of the minds of the negotiators and affecting, whether consciously or not, their strategies and choices.” However, what happens when the possibility of legal recourse stops being a threat? The current axis of international relations might paint this question in the minds of many. To understand the fallout of current geopolitics, amidst “mini-wars” between Russia-Ukraine, Israel-Palestine,...
08 Oct Rethinking International Law After Gaza Symposium: The Palestinian Genocide and the Colonial Core of International Law
...peoples. Colonial genocides have been committed in the global geography of the colonized world. Colonial genocides are not the make of states against minorities. By contrast, empires, colonial companies, and occupying states or settler colonial states have perpetrated colonial genocides against indigenous peoples. We can count among them the colonial genocide in Palestine. As it has happened for the past five centuries, the Palestinian Genocide shows that European settler colonialism continues to perform one of its historical tasks: genocide. Empires and former empires like the US, the UK, and France...
20 Mar De-Christianizing International Law: US Politics and the Evangelical Legacy
...of international law. AIPAC spent the most money it has ever spent to influence American Policy in favour of Israel in the 2024 election cycle. The very simple admonition of humility and unrestricted love has given rise to a mobilization to exterminate civilians, commit genocide and attack other nations, again in a supposed pursuit of Biblical teachings. The ICC and its officials have been sanctioned by the US, the UN has been turned into an impotent body, and ‘Just War’ theory has been completely abandoned. Pre-emptive war is acceptable, as...
22 Feb Of Anti-Colonialism and International Legal Pedagogy: Can we Visualise a Post-Westphalian World?
...territory, effective government, and capacity to enter international relations. It also manifests upon declaration, with or without the recognition of others, at least according to the Convention. In realpolitik, the picture is murkier. For example, Palestine meets the criteria, and it declared statehood in 1988. In addition, over 130 states recognise it as a state. Yet, it continues to wallow in a state of not-quite-statehood, Israel and its occupying cabal dictating life and death to gruesome effect. Closer to home, we recall Catalonia held a referendum and, with overwhelming popular...05 Sep Guest Post: Possible Responsibility of Palestinian Authority’s Leadership for the Al Aqsah Martyrs’ Brigade Actions During the Gaza Conflict
is that since Hamas is committing war crimes against Israel, any Palestinian initiative at the ICC would expose Hamas officials to proceedings before the ICC. In fact, the Palestinian Ambassador to the UN Human Rights Council Ibrahim Khraishi has explicitly stated that Hamas’ launching of missiles at civilian objects constitutes a crime against humanity, warning that this makes an application to the ICC problematic for Palestinians (See here). What is largely overlooked is the commission of similar acts by armed factions of the Fatah party, particularly the Al Aqsa Martyrs’...06 Dec Why Has the OTP Announced a “Preliminary Examination” Regarding North Korea?
...conducting a preliminary examination only when it considers a situation to have significant potential for formal investigation. Indeed, the OTP has itself made that clear: The Office has made public its preliminary examination of 13 situations, including those that have led to the opening of investigations (Uganda, DRC, CAR, Darfur, Kenya), those dismissed (including Venezuela and Iraq), and those that remain under preliminary examination (Colombia, Afghanistan, Cote d’Ivoire, Georgia, Palestine and Guinea). All of those preliminary examinations were high-profile and involved very serious crimes. The situation in South Korea satisfies...26 Nov Weekday News Wrap: Monday, November 26, 2012
The 18th session of the Conference of the Parties of the UN Framework Convention on Climate Change kicks off today in Doha, Qatar, for a last ditch effort to negotiate new emission reductions before the current ones expire at the end of the year. The Guardian has an article about what to expect. The BBC has an article about Mahmoud Abbas’ (non-)role in the recent Gaza conflict and the impact thereof on the upcoming UN vote on observer status for Palestine. Abbas has called on Britain to support the Palestinian...10 Dec Weekday News Wrap: Monday, December 10, 2012
...Peace Prize in Oslo, but not without criticism. Israel’s ambassador to the US has told in an interview to Fox News that Israel will respond if Syrian chemical weapons fall in the hands of Israel’s enemies, such as Hezbollah. Critics of US Ambassador to the UN, Susan Rice, argue that she is protecting Rwanda by not criticizing its role in the eastern DRC. ASIL has published an Insight into the legal implications of the UN General Assembly vote on Palestine. Beijing tightens rules against anti-China protests as Tibetan self-immolations rise....
14 Jun Options for a Peace Settlement in Ukraine: Option Paper VII – Multilevel Peace Agreement Design: Dealing with Geopolitical Support
...1031 1995; Indonesia-East Timor, UNSCR 1236 1999); (c) create a primary geopolitical commitment to the settlement terms (e.g. Israel/Palestine, UNSCR 242 1967); (d) address and establish a global consensus regarding how implementation challenges to the agreement should be dealt with by the parties to the conflict when difficulties arise between conflict parties (e.g. Cote D’Ivoire, UNSC Resolution 1721 2006). In Ukraine, given that Russia is a permanent member of the UN Security Council and therefore has a veto, it is not possible for the Security Council to play an external...
26 Jun Old Doubts, New Doubts: Evaluating Digital Open Source Imagery in the Courtroom
...(ICC) will issue its long-awaited judgement in the case of Al Hassan. This judgement ought to give some much-needed insight into how the Court will evaluate some of the newer forms of evidence and expertise that were presented at trial, including digital reconstructions, forensic image analysis, and evidence on the geolocation of digital open-source information. These newer forms of evidence can be expected to be increasingly seen in international criminal trials going forward; recently, Prosecutor Karim Khan noted his office’s use of “authenticated audio, photo and video material” within his...