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03 Oct

...scholar, he railed against the brutal Israeli occupation of Palestine, against zionist ethno-chauvinism, and against domination more widely; likewise, as a professor of literature, he rallied against cognitive and ideological obfuscations. Said was particularly disdainful of mercenary intellectuals—those who followed the herd and commodified their intellectual work in exchange for status, influence, or invitations to boards, consultancies, and other baubles. By contrast, he valued intellectuals who acted as “insurgents”, characters who not only critique existing systems of power but who are courageous enough to use their knowledge to destabilise them...
03.10.24 | |

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 | |

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 | |

23 Aug

...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...
23.08.09 | |

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 |

06 Dec

...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...
06.12.25 | |

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 | |