Search: palestine icc
07 Oct 15 Years Later: A History of the Forever War and the Laws of War (Part 1 of 2)
...effort to wage war. Clearly, this debate has a certain resonance with the ongoing controversies surrounding the tension between retribution and peace – think of the ICC’s intervention in Sudan, or that of Human Rights Watch in Colombia most recently. Strikingly, however, both experts seem to have a very selective – and problematic – understanding of the historically ambiguous, yet constantly changing relationship between the two fields of international law in wartime – jus in bello and jus ad bellum. In this post, adhering to Moyn’s call for a new...
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...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’...24 Jun A Brief Note on Arrest Warrants and Summonses at the ICC
Note: I serve as Special Adviser to the ICC Prosecutor on War Crimes. Twitter is awash with commentary about tweets issued by the Registry that explain the difference between arrest warrants and summonses. Many people have speculated that perhaps the tweets are related to the Palestine situation. Any such speculation is unwarranted, as the tweets are part of a long-scheduled series explaining how the ICC works and are not connected to any situation or any specific judicial development. Given the speculation, however, it is worth explaining how arrest warrants and...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...26 Nov Weekday News Wrap: Monday, November 26, 2012
The 18th session of the Conference of the Parties of the UN Framework Convention on Climate Change kicks off today in Doha, Qatar, for a last ditch effort to negotiate new emission reductions before the current ones expire at the end of the year. The Guardian has an article about what to expect. The BBC has an article about Mahmoud Abbas’ (non-)role in the recent Gaza conflict and the impact thereof on the upcoming UN vote on observer status for Palestine. Abbas has called on Britain to support the Palestinian...28 Sep Weekday News Wrap: Friday, September 28, 2012
According to a Kenyan military spokesman, Kenyan forces have captured the Somali port city of Kismayo, a bastion for Al-Shabbab fighters. At the UN General Assembly, China’s foreign minister accused Japan of stealing the disputed Senkaku/Diaoyu islands. Palestinian president Mahmoud Abbas has said he will seek a vote on an upgraded status for Palestine to non-member state, like The Vatican, from the UN General Assembly. At the UN, Tunisia’s President has called for the creation of an International Constitutional Court with the power to declare domestic laws unconstitutional when they...10 Dec Weekday News Wrap: Monday, December 10, 2012
...Peace Prize in Oslo, but not without criticism. Israel’s ambassador to the US has told in an interview to Fox News that Israel will respond if Syrian chemical weapons fall in the hands of Israel’s enemies, such as Hezbollah. Critics of US Ambassador to the UN, Susan Rice, argue that she is protecting Rwanda by not criticizing its role in the eastern DRC. ASIL has published an Insight into the legal implications of the UN General Assembly vote on Palestine. Beijing tightens rules against anti-China protests as Tibetan self-immolations rise....
14 Jun Options for a Peace Settlement in Ukraine: Option Paper VII – Multilevel Peace Agreement Design: Dealing with Geopolitical Support
...1031 1995; Indonesia-East Timor, UNSCR 1236 1999); (c) create a primary geopolitical commitment to the settlement terms (e.g. Israel/Palestine, UNSCR 242 1967); (d) address and establish a global consensus regarding how implementation challenges to the agreement should be dealt with by the parties to the conflict when difficulties arise between conflict parties (e.g. Cote D’Ivoire, UNSC Resolution 1721 2006). In Ukraine, given that Russia is a permanent member of the UN Security Council and therefore has a veto, it is not possible for the Security Council to play an external...