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11 Jun

[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 –...
11.06.24 | |

04 May

...international law in places such as Hungary (1956), Egypt (1956), Czechoslovakia (1968), Afghanistan (1978-1989), Iran (1980-1988), Iraq (2003), Palestine (since 1948), etc. That is why I believe that in dealing with the Syrian civil war, the Security Council operated exactly as it was intended to function. It prioritized the strategic interests of a Great Power – Russia – over the human costs of war. This is because the Security Council is not a global law enforcer. It is not an international 911 dispatcher. Nor is it a collective security mechanism...
04.05.18 | |

24 Apr

Sponsored Announcements Admissions to the third edition of the Master in Democratic Governance – Democracy and Human Rights in the MENA Region (DE.MA) are open: first round deadline – 30 May 2016; second round deadline – 30 June 2016. DE.MA was created thanks to the support of the European Union and of the Danish Institute for Human Rights. It is based on a partnership between EIUC and the following universities: International University of Rabat (Rabat, Morocco), Birzeit University (Birzeit, Palestine), St Joseph University (Beirut, Lebanon), Ca’ Foscari University (Venice, Italy)...
24.04.16 | |

08 Jan

A U.S. drone strike killed eight people in northwestern Pakistan, the latest in a series of drone attacks that come as a retired U.S. general Stanley McChrystal warns their overuse may threaten American foreign policy goals. The trial of former Croatian Serb leader Goran Hadzic resumed in The Hague on Monday. Palestinian President Mahmoud Abbas has asked that government-issued documents, such as passports, include the words “State of Palestine” instead of “Palestinian Authority,” though there will be no rush to replace ID cards or passports to avoid confrontation with Israel....
08.01.13 | |

12 Apr

...Court. The Prosecutor of the ICC is solely responsible for the selection of situations (subject perhaps to some measure of intervention by the Pre-Trial Chamber, a matter still being adjudicated). She or he takes the decision whether to investigate and prosecute in Palestine or Afghanistan, in Ukraine or Côte d’Ivoire, in Colombia or Venezuela, in Uganda or Myanmar. She or he alone determines whether those being prosecuted are military commanders, political leaders, religious personalities, industrialists, leaders or lackeys. Even the earlier prosecutors, like Jackson, Goldstone and Arbour, never had to...
12.04.20 | |

01 Oct

...perpetrators’ perception (meaning who the perpetrator intended to target), or (2) based on the victims’ membership in the targeted group “in fact.” The first option requires “subjective criteria” and underscores that categories such as gender and race are social constructs. What is relevant under this option is that perpetrators targeted the victim because they believed the victim was a member of the targeted group.  International and domestic jurisprudence and the ICC Policy Paper on the Crime of Gender Persecution affirm this understanding of “groups” under persecution. Taking language from the...
01.10.24 | , , , , , and |

25 Oct

While in DC last week for the ICC/Palestine event at George Mason — I’ll post a link to the video when it becomes available — I had the pleasure of sitting down with Lawfare’s Wells Bennet and Just Security’s Steve Vladeck to discuss the oral argument at the DC Circuit on the al-Bahlul remand, which the three of us attended that morning. You can listen to the podcast at Lawfare here; Steve did most of the talking, because he understands the constitutional issues in the case better than anyone, but...
25.10.14 | |

27 Apr

[Valentina Azarov is a Lecturer in International Law and Human Rights, Al-Quds Bard College, Al-Quds University, Palestine (on leave)] This is the fifth response in our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. Those who believe in the progressive development of international law but remain fully aware of the deficiencies of its enforcement, have good reason to view the proposed functional approach to the law of occupation with cautious optimism. However, there...
27.04.12 | |

16 Apr

...Israel has moved to block a “fly in” by detaining four Welcome to Palestine protesters at the Tel Aviv airport after their flight from Paris. Some 1,200 names are on the list of those barred from entry into Israel. Gulf States plan to meet next week on a dispute between Iran and the United Arab Emirates regarding Abu Musa and two other islands near the Strait of Hormuz, which both countries claim to own. Four men accused of plotting an attack against the Danish newspaper Jyllands-Posten for publishing a cartoon...
16.04.12 | |

24 Oct

...government has actively pursued a political philosophy of retribution and control that tarnishes the country’s image as an ‘honest international broker’. Harper’s record attests to an unyielding mission to reshape Canada’s international identity as a tough and hard-power state. The Harper government plays the part of destructive belligerent in climate change negotiations and tar-sands cheerleader. It is first in line to threaten Palestine with “consequences” if Ramallah pursues accountability for alleged crimes committed by Israeli forces in Gaza. While it isn’t usually described as such (many prefer terms like “militarily...
24.10.14 | |

20 Mar

...sovereign equals, elevating the status of the non-state actor in order to elevate the status of the agreement itself. But with Crimean separation being widely condemned, the reverse would seem to be the case here: a collective decision to shun one of the parties has the effect of denying it legal capacity to enter into a treaty. Some argue that an internationally acknowledged self-determination unit (e.g., Palestine) may conclude a treaty notwithstanding the state-centric definition in Article 2 of the Vienna Convention. This argument relies on Article 3 of the...
20.03.14 | |

07 Sep

Ken, since I have commitments most of today, I can answer only briefly and perhaps a little too abruptly, the surprising, even astonishing remarks in your last post, remarks so surprising, given their source, that I am wondering whether someone pretending to be you actually made the post. Let’s begin with the granular. In my post on the Israeli-Palestine conflict I say the following: “I neither claim nor believe that the U.S. and the Islamic world would like down together like the lion and the lamb in the Peaceable Kingdom...
07.09.08 | |