Search: palestine icc
19 May The Right to Health in the Occupied Palestinian Territory during the COVID-19 Pandemic
...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...22 Nov Overcoming the Veto to Save Lives
[Mona Ali Khalil is an internationally recognized public international lawyer with 25 years of UN and other experience dealing with the rule of law and international peace and security efforts including peacekeeping, sanctions, disarmament and counterterrorism.] In the face of a veto by any permanent member of the UN Security Council blocking enforcement action against the mass atrocities in Palestine, Myanmar, Syria and Yemen and elsewhere, is the international community helpless to help – failing to fulfill its responsibility to protect? Proponents of the use of force for purposes of...
11 Jun The Involvement of Supporting States in International Armed Conflicts, A Practical Approach
[Jérôme de Hemptinne is an Assistant Professor at Utrecht University] Several posts have been devoted to the delicate question of whether Western States could be implicated in an international armed conflict (IAC) against Russia because of the military, financial, and intelligence support they provide to Ukrainian authorities (see here, here, here, and here). The same question could also be raised regarding the assistance furnished by the United States and some European States to Israel: could this make these States ipso facto parties to an IAC between Israel and Palestine –...
28 Apr Symposium on Boyd van Dijk’s Preparing for War: Preparing for War – Demythologising the Post WWII Years and Charting the Untraveled Paths of CA3
...by the ICRC in February 1945, Dresden was being burned to ashes by Allied incendiary bombs. Equally, the drafting parties were shaping the conventions against the backdrop of the ongoing violence in Palestine, Indochina, Indonesia and Greece around 1947. Van Dijk’s challenging of this master narrative is timely, particularly when read against the backdrop of current armed conflicts in so many countries, including Ukraine, Syria, Yemen and Ethiopia. The book encourages a train of critical thought that is helpful, when reflecting on where we are, and how we got here....23 Aug Ruth Wedgwood on the Lockerbie Release, and the Politics of Security Council Resolutions
...served as a signature in the crime. Undaunted, Libya may still try to insinuate that it was some other group–say Iran, operating alone or through the Popular Front for the Liberation of Palestine. That, of course, is not an especially exculpatory choice, since after their expulsion from Lebanon, parts of the Palestinian leadership took up residence in Libya. Second, and equally dismaying, Libya may read this triumph as a certified all-purpose “get out of jail free” card–absolving it of a broad swath of bad acts. With oil reserves at play...
28 May Overheard Amidst the Bombs
...groups have no business resorting to violence in the first place. So I’m afraid they can never get it fully right even if they wanted to. Funny how that works, isn’t it? But the state, ah well that’s a different thing. The state is a thing of beauty you know, it has courts, it can ratify treaties, it can be internationally responsible… CMP: … Precisely. I seem to remember there was some concern about Palestine being denied statehood at every turn… LOAC expert (looking genuinely puzzled): You’d have to go...
14 Jun In Serbia, Justice Overruled: 25 Years after NATO Intervention, a Pass for Atrocity Crimes
[Fred Abrahams covered the Kosovo conflict for Human Rights Watch . He wrote the book Modern Albania and co-wrote A Village Destroyed: War Crimes in Kosovo . Marija Ristic covered Serbian war crimes trials as a journalist for local and international media.] This April, a modest courtroom in Belgrade, Serbia, offered a lens into the global debate on justice for atrocity crimes. The case dealt with mass killings in Kosovo committed 25 years ago but the topic has relevance for Sudan, Ukraine, Israel/Palestine and other conflicts today. In the dimly...
24 Jan International Law’s Invisible Frames Symposium: A Call for Critical Self-Reflection
...– the manner in which issues or problems are presented shapes our decision-making process; it impacts how legal norms are negotiated, interpreted, and applied (chapter 2). This is something we are no doubt intuitively aware of – the way we present a problem will have an impact the outcome –, but which we perhaps do not think about consciously. Being aware of how these frames work can, amongst others, provide insight on legal strategies. For instance, if Palestine wants to convincingly argue before the ICJ that the monetary gold principle...24 Oct Humanity’s Law: A Few Opening Thoughts
...in the Balkans? How about the intervention in Libya? Did the international legal community jump the gun in threatening Ghadaffi and his family with criminal indictments, taking off the table options such as amnesties or exile that might have led to an earlier and less bloody regime change in Libya? Have the competing allegations of war crimes and humanitarian violations made in harder rather than easier to have meaningful peace talks between Israel and Palestine, distracting from the underlying political claims at issue? I look forward to hearing your views....03 Nov Zivotofsky and the Disaggregated State
...policy the wrong way, not knowing that Congress is out to lunch and that US policy has not changed. That’s where the risk comes in. It’s what makes this case less than ideal for adapting the Constitution to the new global dynamic. The Middle East is a throwback to the old world. Arguments like Noah Feldman’s here still make a lot of sense when it comes to Israel-Palestine, even if they don’t make so much sense anywhere else. But the risk may be small enough that the Court is willing...