Search: palestine icc

...infrastructure is far more focused on restraining the use of military force against terrorism by governments. For instance, the much vaunted internationalist hobby horse, the International Criminal Court, is much more likely to prosecute a U.S. soldier for engaging in war crimes in the prosecution of the war on terror than it would prosecute a terrorist for engaging in terrorist acts. Why? Because terrorism itself is not a crime within the ICC’s jurisdiction. Rather, terrorist acts would have to be shoehorned into one of the ICC’s other categories as a...

The UNGA is expected to recognize Palestine as a “non-member” state during a vote today. Following massive protests earlier this week in Cairo, the Assembly drafting the new Egyptian Constitution has vowed to publish, and vote on, a draft today. The US is considering options to intervene more strongly in the Syrian conflict, while the EU has renewed its sanctions for another three months leaving the door open for a closer involvement after March 1. China will give police in its Southern Hainan province broader powers to board and search...

...been detained in the both the West Bank and Gaza since 7 October.  The legality of the Israeli response to the 7 October attack, particularly its proportionality, will undoubtedly be much debated by lawyers and politicians. Grappling with this issue will also be those conducting an independent and impartial investigations such as the UN Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, the Prosecutor of the International Criminal Court (ICC) who has visited Rafah and is already investigating the situation, UN human rights mechanisms, particularly...

...Movement in Tehran, despite pressure from the US not to attend. Iran has assumed responsibility for crude oil shipments to enable oil exports to Asia to be resumed after the EU’s sanctions banned insurance on oil tankers from Iran. Much to the chagrin of Israel, South Africa has approved “made in Palestine” labels for items imported from the Occupied Palestinian Territories. Israel’s Foreign Minister wrote to the Quartet, looking for international support to oust Palestinian President Abbas, although Prime Minister Netanyahu was quick to respond that the letter did not...

...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...

...one of the first things I thought of was the Vance-Owen map of Bosnia. And then various proposals concerning sovereignty in the Occupied Territories of Palestine.  Addressing the complex jurisdictional and policy-coordination issues that may arise from these complex arrangements may become increasingly important work for international lawyers who are involved in trying to find solutions in the contested territories of the world.    Moreover, as political geographers explain, people who live in borderlands—that is the territory on both sides of a political border—often have more of a common identity...

...Electronic Frontier Foundation and Human Rights Watch. Legally, the Israeli acts of imposing a communication blackout and damaging cyber infrastructure in Gaza raise several questions. Do these acts constitute a form of cyberoperations or qualify as attacks under international humanitarian law (IHL)? Are they legal under the provisions of IHL and international human rights law (IHRL)? These legal questions concern not only the current Israeli war on Gaza, but they also stem from the role of Israel, the occupying power in Palestine, to provide and allow internet services, directly or...

...foreign-law claims against the Bank of China arising from its alleged facilitation of Hamas and Palestine Islamic Jihad attacks in Israel. The attention to states may prove to be a positive development, but notably it has tended to rely on judicially created rights—common law claims under state or foreign law, or customary international law. What about state political branches? Is there is a role for governors and state legislatures, and should internationalists spend some of their energy lobbying these state-level political actors? From a policy perspective, as well as from...

Alexander Common Lawyers. Sigh. Their own fault. Non liquet Regarding your update, I think there is an interesting parallel to the Ivory Coast, though Ouattara ultimately had to reconfirm jurisdiction once he was firmly in power and then the ICC kicked off its investigation there (and Gbagbo already had accepted jurisdiction as well). I had often thought that would be the way to try to get the ICC involved in Syria. . . Rob Most likely the Muslim Brotherhood assesses a filing to the ICC as a good way to...

...employed both doctrine and critique to advocate for and against the prosecution of Syrian president Bashar Al Assad at the International Criminal Court (ICC), for and against the ICC’s pending decision on the Afghanistan investigation, and for and against the ICC’s jurisdiction over Saudi nationals in the killing of Jamal Khashoggi. I designed these cases in a half-fictional manner, so that students could access sufficient material, while also relying on their thinking to develop convincing legal arguments. The exercise also prompted students to employ the critical perspectives they had just...

...Palestinian civilians because they are complicit with Hamas. I will end the post by reframing the question away from the notion of who is allowed to do what immoral or illegal act and shift it towards the more valid question of who has the power to stop said immoral or illegal acts. I should also clarify what this post is not about. This post does not argue that there is no right to violently resist colonisation. It is also not meant to equate the situation of Palestine with that of...

...of Afghanistan, the systematic air-bound warfare targeting the Arab speaking world in Libya and Syria, the continued formal annexation of territory in the Israeli/Palestine conflict, the jurisdictional creep of NATO and Western interests into post-Soviet spaces… All this historical context is whitewashed from the current professional conversation.  In particular, the West’s role in the current conflict is strikingly omitted from the mainline international law narratives, though it is all-to-real and readily available. “Traditionally passive in its politics,” writes the Guardian’s former lead European editor, Ian Trayner, Ukraine “will never be...