Search: palestine icc
16 Dec Gaza, Genocide, and the UN General Assembly (Part 2)
...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....07 Dec Weekday News Wrap: Friday, December 7, 2012
...Jordan has visited the West Bank to congratulate Palestinian president Mahmoud Abbas on the UN General Assembly resolution from last week upgrading Palestine’s observer status. Hamas’ exiled leader Khaled Meshaal plans to visit the Gaza Strip for the first time in 45 years. Human Rights Watch has filed a report alleging violations of international humanitarian law by Israel in a shelling that killed 12 Palestinian civilians in last month’s clashes. Geographical Imaginations blog has a post up about the politics of drone wars. A judge in New Zealand has ordered...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’...29 Sep Weekend Roundup: September 22-28, 2012
...speech as prepared for delivery. Further on UN appearances, Kevin wondered whether Benjamin Netanyahu’s “red line” about Iran’s nuclear bomb could still be taken seriously. Other posts also dealt with Iran. Kevin asked why progressive bloggers were so willing to overlook the MEK’s involvement in the assassination of Iranian scientists when claiming that the organization has not been involved in terrorist attacks for years, and Deborah Pearlstein wrote about new drone technology reportedly developed by Iran. In a guest post, Chantal Meloni argued why the Palestine-ICC saga is far from...12 Feb The Shift from Proportionality to Necessity and an Indirect Comment on Gaby Blum’s Article
...one hand, and targeted killing directed against terrorist suspects, on the other. In the former case, I do not believe that we can or should move away from homogenous status of combatant; any other standard will overreach the technology now or in the foreseeable future. I suppose that one could imagine that in the very special circumstances of the Israeli-Palestine conflict, one could see on both the sides of regular soldiers and non-state actors, it would be possible to imagine a genuinely necessity based standard, beyond the fact of status....
21 Dec The Forcible Transfer of Civilians in Gaza: Conditions, Necessity and Legality
...Although the fulfilment of this obligation comes as a second step after ensuring the safe passage and safety of the evacuees, this obligation does not appear to have been met either. Third, the evacuation of the civilian population must be carried out within the occupied territory. Israel is internationally recognized as the occupying power in Palestine – the West Bank, including East Jerusalem, and the Gaza Strip (See UNGA, A/ES-10/L.25, para. 5, ICRC). The UNGA has rejected any Israeli attempts to forcibly transfer the Palestinian civilian population as Israel has...07 Sep Events and Announcements: September 7, 2014
Call for papers The Faculty of Law of the Hebrew University of Jerusalem and the Columbia Law School invite the submission of written proposals for an international conference on the international law legacies of the Palestine mandate, to be held in Jerusalem on June 21-22, 2015, and for a subsequent publication. The full call for papers can be found here. Researchers interested in addressing these and related questions are invited to respond to this call for papers with a 1-2 page proposal for an article and presentation, along with a...04 Apr Weekday News Wrap: Thursday, April 4, 2013
...on a man convicted of paralyzing a friend in an attack 10 years ago. In a significant step forward, the 49-strong group of Least Developed Countries has announced that they are willing to take on binding commitments to reduce greenhouse gas emissions A human rights group report alleges that Sudan officials have been committing war crimes, crimes against humanity and acts of torture in the border area near South Sudan since 2011. An exchange of fire between Israel and Palestine threatens the Gaza ceasefire from last November. Israeli troops have...
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...