Search: palestine icc

...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...

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’...

...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...

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...

According to a Kenyan military spokesman, Kenyan forces have captured the Somali port city of Kismayo, a bastion for Al-Shabbab fighters. At the UN General Assembly, China’s foreign minister accused Japan of stealing the disputed Senkaku/Diaoyu islands. Palestinian president Mahmoud Abbas has said he will seek a vote on an upgraded status for Palestine to non-member state, like The Vatican, from the UN General Assembly. At the UN, Tunisia’s President has called for the creation of an International Constitutional Court with the power to declare domestic laws unconstitutional when they...

...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...

...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...

...fiscal crisis if foreign aid is not restored and if Israel does not ease its restrictions in the occupied West Bank. In other Palestine-related news, William Schabas points to the letter by several prominent international (criminal) law scholars addressed to the Assembly of States Parties (ASP) of the International Criminal Court urging the ASP to consider the Palestinian statehood question at its upcoming meeting in November. The African Union-led force has assumed command over troops hunting Joseph Kony and other rebel leaders of the Lord’s Resistance Army in Uganda, but...

...Despite the fact that there arguably has never been a truly free Arab democracy in 1,500 years, we may be on the cusp of a nascent move toward democracy in the region. There are encouraging signs of democracy’s progress in Iraq, Afghanistan, Lebanon, Palestine, and Egypt. One wonders if we are witnessing an inchoate Arab democracy movement that will revolutionize politics in the Middle East. The rosiest vision is that democracy will flower there much as it did with the Polish Solidarity movement in the early 1980s, which in a...

...in International Law at the Institute of Law, Birzeit University Institute of Law and Assistant Editor of the Palestine Yearbook of International Law. Claire Smith is a PhD candidate at the University of Amsterdam. ** A note on language: we intentionally tie racist action to people, noting Bonilla-Silva’s observation of the intellectual tendency to have racism without racists. This act presents racism as a disembodied phenomena rather than attributable to people, undermining the humanity of those who suffer it. *** We explore these themes as part of our project, provisionally...

...influence on current endeavors to create a resolution of the Palestine conflict. The same provision created difficulties for a CIA program in 2003 designed to take detainees out of Iraq and bring them to other countries where they could be interrogated more conveniently. The Office of Legal Counsel rendered an opinion that the term “deportation” did not cover persons who were not nationals of Iraq. Outside observers tend to disagree. There came to be another attempt at codification—the Additional Geneva Protocols of 1977. The focus of this effort was on...