Search: palestine icc

..."war"). But, however that may be, no statement to the effect that the US is "engaged in a war" could possibly provide any legal justification, either for any use of force in the sense of Article 2(4) of the Charter, or in any other sense (disregarding for a moment the possibility of a derogation from the ICCPR under its Article 4 - which is not openly dependent on any state of "war", and which in any event has never been declared). For present purposes of the attack in (arguably: on)...

...Goldstone changed his mind about whether Israel intentionally attacked civilians based on evidence that came to light after the report was published. He did not "publicly disassociate himself from the exercise." You can read his op-ed in the Washington Post for yourself here. That said, I encourage you to read NGO Monitor's "analysis" and "refutation" of the new Gaza Report. It's more entertaining, and no less fictional, than the new Stephen King novel "Finders Keepers." shmuel Kevin, this is hardly the case when she writes on Israel/Palestine. The article that...

...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...

...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...

...legislation. As for our regular bloggers, Julian urged us to get real about the possibilities of an anti-corruption court–he is convinced it would never work. Julian is also convinced that it’s pointless for the US to ratify the Convention on the Rights of the Child. Kevin announced an event on the ICC and Palestine being held at Doughty Street Chambers on Tuesday, December 2nd in London. As always, I wrapped up the news and also posted events and announcements. Many thanks to our guest contributors and have a nice weekend!...

...our own,” he said backstage during the filming of the latest episode of his show which has whittled 1,200 potential presidents to 16. He added: “There are a lot of people who say we don’t have leaders, so we need to prove to them that there are a lot of leaders in Palestine. We want to teach the people that democracy is possible whenever we want”. Contestants are filmed taking on tasks – being an ambassador to a European country for a day, running a major corporation, taking questions from...

...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....

...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...