Search: palestine icc

...(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...

...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...

...prospect remains, for now, remote.​​ By contrast, temporary relocation of key functions fits comfortably within existing practice. The General Assembly already has discretion over where to convene particular sessions and summits, as demonstrated in 1988 when it decided (Res 43/49) to hold plenary meetings on the question of Palestine at the United Nations Office at Geneva after the host State refused a visa to Yasser Arafat. Special or emergency sessions have likewise been convened in Geneva, as was done for the ‘Geneva 2000’ special session. More recently, in August 2025, several...

...Authority and Hamas, as the de facto authority in the Gaza Strip, are to cooperate with Israel to tackle the COVID-19 pandemic. The State of Palestine fully retains its obligations under the ICESCR, including with regard to the right to health, in areas where it exercises authority. As highlighted by the ESCR Committee, States should prioritize “minimum core obligations imposed by the Covenant” and “adopt appropriate regulatory measures to ensure that healthcare resources in both the public and the private sectors are mobilized and shared among the whole population to ensure a comprehensive, coordinated health-care response...

Palestine moved one step closer to peace with the opening of the Rafah crossing to Egypt. With no international airport open, the Rafah checkpoint is the international gateway into Gaza. President Abbas was celebrating yesterday at the opening ceremony: “I think every Palestinian now has his passport ready in his pocket. Let them come to cross at this terminal whenever they want.” Or as one border crosser put it, “Today is a day of happiness for every Palestinian, the suffering is coming to an end…” The most prophetic words came...

...the International Criminal Court and its jurisdiction over the situation in Palestine. Kevin Jon Heller has pointed out the ways in which this story is ‘simply false’. Although both are concerning, the first example is but one of many highlighting the problems that arise when social media is involved in the dissemination of information. However, the use of social media has become a widespread and engrained part of many societies, meaning it now has a number of roles (for example, promoting health equity). These roles have become more pressing in...

...would ‘illogically…prohibit all parties owed an obligation from reacting to the most serious and systematic violations of peremptory norms that international law has recognised as being most grave’. In the case of atrocity crimes, including genocide, it is argued that collective sanctions is a proportionate measure. Conclusion The UNGA is to be commended for taking the leading role in coordinating member state action since 7th October 2023. But the UNGA could do more to protect lives on the ground by recognising the continuation of genocide in Palestine and acting accordingly....

...lives.” And yet justice was experienced differently in the two tribunals as analyzed above. The establishment of the ICC did not remove focus from the prioritization of white lives as the court’s largest and most efficient investigation has been in Ukraine, where the court also conducted an unprecedented campaign to raise funds to support the investigation.  However, the ICC paved the way for a period when international justice became very committed to prosecuting Africans. Despite having a docket made up exclusively of Africans, when accused of having an African bias,...

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...

[ Lisa Davis is a professor of law at CUNY Law School, and the ICC special adviser on Gender and Other Discriminatory Crimes. Kirby Anwar is Visiting Associate Professor of Law at the Human Rights and Gender Justice Clinic, CUNY School of Law. Wendy Isaack is Senior Legal Fellow at MADRE. Huma Saeed is Senior Transitional Justice Fellow at Human Rights and Gender Justice Clinic, CUNY School of Law and Afghanistan Advisor at MADRE.] As governments prepare submissions to the UN Secretary-General on the draft crimes against humanity (CAH) treaty,...

Note: I serve as Special Adviser to the ICC Prosecutor on War Crimes. Twitter is awash with commentary about tweets issued by the Registry that explain the difference between arrest warrants and summonses. Many people have speculated that perhaps the tweets are related to the Palestine situation. Any such speculation is unwarranted, as the tweets are part of a long-scheduled series explaining how the ICC works and are not connected to any situation or any specific judicial development. Given the speculation, however, it is worth explaining how arrest warrants and...

...Israel, Office of the Attorney General, The International Criminal Court’s Lack of Jurisdiction over the So-Called “Situation in Palestine” §49 (Dec. 20, 2019). [2] For instance, concerning the legality of the West Bank Wall/Security Barrier, Israel claimed –indirectly before the International Court of Justice and directly in its own Supreme Court – that the route of the Wall is strictly based on security considerations, and is not designed to determine borders. Indeed, as ruled by the Israeli Supreme Court, sitting as the High Court of Justice, “the military commander is...