Search: palestine icc

...literature only focused on a select number of jurisdictions and generally held that even though there are a few notable examples of changes in domestic criminal legislation, these can be seen as aberrations and the overwhelming majority of states implemented the international definition. However, after conducting a comprehensive review of the domestic criminal laws of 196 countries (all 193 UN Member States and the Holy See, Kosovo, and Palestine) and the Special Administrative Region of Macao, I have found that the differences are actually much more significant than hitherto assumed....

...residents of Malé, the world’s most densely populated town where more than 100,000 people cram into 2 square kilometers (see the photo above). Nasheed’s solution? Find new land to relocate the population: “We can do nothing to stop climate change on our own and so we have to buy land elsewhere. It’s an insurance policy for the worst possible outcome. After all, the Israelis [began by buying] land in Palestine,” said Nasheed . . . The president, a human rights activist who swept to power in elections last month after...

[Juliette Rémond Tiedrez is a Legal Researcher at the International Commission of Jurists’ Middle East and North Africa programme.] The views expressed in this post are the author’s alone and do not represent any institutional position on the part of the International Commission of Jurists. On 4 October 2024, Pre-Trial Chamber I of the International Criminal Court (ICC) granted the Office of the Prosecutor’s (OTP) request to unseal six warrants of arrest. These were not the warrants most international criminal law scholars had been waiting for as they relate to...

...the holy month of Ramadan. IPS reports about the plans of Palestine to ask for non-member observer status at the United Nations September 27th. The Hill reports that Syrian rebel forces are entertaining the idea of joining forces with al-Qaeda. UNICEF is concerned with the increasing number of children being recruited as soldiers in Northern Mali. The New York Times reports that Iraq has been aiding Iran for months in getting around sanctions posed by the United States. Anti-Japanese protests took place in more than 20 Chinese cities on Sunday...

...be hosting two leading UN experts to address the urgent and evolving child rights crisis in the Occupied Palestinian Territories and Israel: Ann Skelton (Chairperson, UN Committee on the Rights of the Child) and Farida Shaheed (UN Special Rapporteur on the right to education). Both the UN Committee on the Rights of the Child and the UN Special Rapporteur on the right to education have engaged extensively with the child rights issues raised by the Israel-Palestine conflict. This seminar is a unique opportunity to get their perspectives on the challenges...

...Group emphasized the slave trade, colonialism, apartheid, and the exploitation of resources. Palestine  highlighted the importance of this process, delivering justice for all those who suffer crimes against humanity, dedicating a minute to victims “of today and of yesterday.” Afghanistan (representing the recognized government, not the Taliban) noted that the treaty is not merely theoretical, and that crimes against humanity, including gender apartheid, are ongoing realities. This discussion wasn’t just limited to states. One of us (Metra) reflected during the Prep Comm here in Opinio Juris that the process must...

...Territory, including East Jerusalem. The Court found that Israel’s continued presence in the Occupied Palestinian Territory violated the prohibition of forcible acquisition of territory – described as a corollary of the prohibition of the use of force – without determining that Palestine is a State. As Mikanagi notes, ‘[t]here is ambiguity in the term [] “corollary”’ as used by the ICJ. His application of type theory to determine what constitutes acquisition of territory by force is thought-provoking. While I will not delve deeper here, I agree that ‘there is, at...

Kevin kicked off the week with a post about Jean-Pierre Bemba’s claim against the ICC for €70 million following his final acquittal. While Kevin was skeptical about the merits of Bemba’s compensation claim for €22 million based on his decade of wrongful detention, Kevin was more optimistic about the success Bemba’s spoliation claim for €42.4 million resulting from the ICC’s negligent management of his frozen assets. Kevin continued his commentary with a post on the ramifications of the Philippines’ withdrawal from the Rome Statute on the OTP’s preliminary examination. Steven...

...Qatar refutes the interpretation of Article 22 of CERD, i.e. that there is a linear progression in terms of dispute resolution. Qatar also asserts that the argument of contradictory outcomes is speculative, and the UAE misunderstands the role of the CERD committee or a conciliation commission, in that no decision will be legally binding. (See 8 May hearings verbatim record, p. 17 – 36) A few points to highlight: The complaint by Qatar before the CERD Committee was the first inter-state communication filed by a state at CERD. Palestine has...

...are posed for clashes and unrest. The oldest brother of Chinese activist Chen Guangcheng has said he was beaten up by what he calls government-hired thugs. The UN Conference on Trade and Development has decried the rising levels of poverty in East Jerusalem, blaming what it terms Israeli “segregation policies” for deepened economic isolation for Palestinians. The full report can be found here. US Secretary of State, John Kerry, is pushing for renewed talks between Israel and Palestine ahead of his next visit to the middle east in two weeks....

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’...

Australia will abstain in the upcoming UN vote on whether to grant non-member state status to Palestine. The body of Yasser Arafat will be exhumed in Ramallah today, to determine whether his death was the result of polonium poisoning. Ehud Barak, Israel’s Minister of Defence, has announced his retirement from politics. A map of China on new Chinese passports is controversial with its neighbours as it incorporates disputed areas in the South China Sea. Several neighbours are refusing to stamp the passports or are stamping them with their own version...