Search: palestine icc
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’...06 Dec Why Has the OTP Announced a “Preliminary Examination” Regarding North Korea?
...conducting a preliminary examination only when it considers a situation to have significant potential for formal investigation. Indeed, the OTP has itself made that clear: The Office has made public its preliminary examination of 13 situations, including those that have led to the opening of investigations (Uganda, DRC, CAR, Darfur, Kenya), those dismissed (including Venezuela and Iraq), and those that remain under preliminary examination (Colombia, Afghanistan, Cote d’Ivoire, Georgia, Palestine and Guinea). All of those preliminary examinations were high-profile and involved very serious crimes. The situation in South Korea satisfies...
22 Apr International Justice System v. People’s Tribunals: A Fictional Hierarchy
...Nations Security Council to the International Criminal Court (ICC), have been established to address the justice and accountability gap resulting from the lack of states’ participation. However, the ICC, lacking a police force or enforcement body, relies on state cooperation for arrests or transfers of individuals in custody. Furthermore, activating these mechanisms requires significant political will, often absent in numerous atrocity cases. Consequently, victims are left with the stark choice of either dying without seeing justice or engaging in informal justice initiatives such as people’s tribunals. In response to this...29 May Just One Question…
...conditions, whether they involve an 'armed attack' or not? A cease-fire is merely a pause in hostilities agreed to by both parties. Cease-fires are ended all the time without effecting the legal status of the conflict (I'd point to the Israeli-Palestine conflict as an example.) As such, it wouldn't effect casus belli for a conflict at all. The aggressors are still the aggressors, regardless of who ended the cease-fire. Why, furthermore, should Article 60 VCLT (the source of the concept of a 'material breach') apply to SC resolutions? Explain, if...
23 Jan Legal Consequences of Peremptory Norms: A Missing Part in the South Africa v. Israel Case and an Opportunity to Reinforce Jus Cogens
...greatest evil the world has ever seen. But it is now being used by South Africa to score cheap political points via a baseless case in favour of their extreme support for Palestine. It's quite possible the ICJ may choose to act politically and not legally and attempt to use and abuse the genocide convention to permit Arab states and similar hostile states who appointed ICJ judges to deny Israel's right of self defence. But nobody at all will be convinced by such a nakedly political effort. In the end,...10 Jun Will the Gaza Flotilla Dispute Go to the ICJ?
...has accepted the jurisdiction of the ICC either). The only way this case gets to the ICJ is as an advisory opinion referral. This could happen. I wonder if Israel would put up a defense. They have some pretty strong legal arguments. But is the ICJ biased against Israel? The 2004 Wall judgment doesn’t inspire confidence from Israel’s point of view, but the membership of the Court has changed. And I think that Israel would have a better chance at the ICJ than in the court of world media opinion....29 Jun McDonald’s Israel Refuses to Build in Illegal Settlements
Nigel What I find even more ironic is the use of McDonald's as an example of a corporation putting principle before profit considering it's a business empire based on selling dangerously unhealthy foods to it's clients. Kevin Jon Heller I considered adding a snarky comment that, health-wise, the settlers are much better off with McDonald's around... Nigel Indeed - bring on the boycotts! Avi Keslinger The settlements are not illegal. The entire Ottoman province of Palestine (including Jordan, which at most should be the Palestinian state) was given to the...04 Aug The IDF Is Deleuzian?
reader Deleuze was a resolute critic of Israel in his writings (see his essays, "The Spoilers of Peace" and "The Indians of Palestine"), so I'm not sure he would have been quite so pleased about his appropriation here. Ps: This essay first appeared in 2006. For a more productive use of social theory by Weizmann himself (instead of by the Tsahal), his essays on the Politics of Verticality and the Geometry of Occupation are much more insightful. vimothy Weizman's hyperventilation notwithstanding, the language of Deleuze or (say) EBO looks cool...