Search: palestine icc
21 Nov To Which Transition and Justice to Whom? Towards Recognition of Transitional Justice in Israeli Case Law
...that provides a legal framework to actions not promoting the key aims of TJ – reconciliation, and peacebuilding. The approach taken by Justice Barak-Erez, differs tremendously from the discourse around potential TJ processes in Israel and Palestine, due to the problematic categorization of victims in it. Conclusion Perhaps the terminology of TJ will play in the future a larger part in Israeli case law, both normative and descriptive, as it has played in the Sheikh Jarrah case. The way TJ was structured in the case leads to biases and misses...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...
06 Dec Re-enchanting International Law is a Global South Project
...less as the means by which imperialism is continued but rather provides the tools to advance the process of decolonisation in a more profound sense. As Ronald Lamola, the South African Minister of Justice, noted in his opening address to the Court in January 2024, quoting Nelson Mandela: “In extending our hands across the miles to the people of Palestine, we do so in the full knowledge that we are part of a humanity that is at one.” Indeed, this broader sense that international law can be redirected towards those...
27 Mar Symposium on Prosecuting Heads of State for International Crimes: Punishing the Powerful – The Allure and Limits of the Penal Accountability Paradigm
...defended, and judged, and that all the other questions of seemingly greater import – of “How could it happen?” and “Why did it happen?”… – be left in abeyance’. Hannah Arendt, Eichmann in Jerusalem 4 March 2009 and 12 July 2010: the International Criminal Court (ICC) Pre-Trial Chamber I issues arrest warrants for Omar al-Bashir, then president of Sudan. 17 March 2023: the ICC Pre-Trial Chamber II issues an arrest warrant for Vladimir Putin, president of Russia. 21 November 2024: the ICC Pre-Trial Chamber I issues an arrest warrant for...
28 Jan Centering Survivors: The Imperative for Inclusive Justice in Crimes Against Humanity Treaty Negotiations
...voices of those affected by atrocities. From Palestine, to Afghanistan, to Sudan, and Ukraine, activists have been under attack, forced into exile. Women human rights defenders are silenced, criminalized, or erased from public life. Expecting these groups to obtain or maintain formal registration, let alone ECOSOC accreditation, under such conditions ignores the realities of repression and displacement. The treaty can be a statement against the global regression of human rights and the growing gender backlash. For that to happen, the global community must have trust in the process and be...04 May On the Legality of the Russian Vetoes in the UN Security Council and the Harsh Reality of International Law: A Rejoinder to Professor Jennifer Trahan
...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...24 Apr Events and Announcements: April 24, 2016
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)...08 Jan Weekday News Wrap: Tuesday, January 8, 2013
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....
12 Apr ICC Prosecutor Symposium: The Search for the New Prosecutor is Too Narrow in Scope
...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...
28 Sep Introduction to the Symposium on Jurisdiction, Responsibility and Temporality: Nicaragua v. Germany Before the ICJ
...to such claims will have implications for the invocation and enforcement of obligations concerning genocide, international humanitarian law, racial discrimination, apartheid, self-determination, and other fundamental rules of international law. Organized in conjunction with Law for Palestine, this symposium brings together these contributions to examine questions raised at a critical stage of the proceedings. Taken together, they illuminate different dimensions of a common problem: how international law should understand erga omnes obligations, the preventative character of international norms, and the responsibility of States whose own conduct is implicated in an unlawful situation....
01 Oct Open Letter to UN Secretary-General António Guterres: Supporting the Call for a Global Study on the Crime of Apartheid and for its Inclusive Definition
...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
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Kirby Anwar, Wendy Isaack, Artemis Akbary, Zahra Mousawy, Randa Siniora, Yifat Susskind and Maria Sjödin
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