Search: palestine icc

...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...

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...

went into effect] and that the number of immigrants in the past decade has been relatively small, likely in the thousands. Contrast that with Israeli immigration: the number of Jewish settlers living in the West Bank in 2002 was around 214,000; there are more than 350,000 living there today — an increase of approximately 136,000 civilians. [Prof. Heller seems to assume, as he has argued before, that ICC jurisdiction over Palestine could be retroactive to 2002, if it files an Art. 12(3) declaration. I think that position has real textual...

...it is to get positive international action in Myanmar and Sudan. In Gaza, Israel’s campaign is supported by the United States, which has also used its veto to stop concerted action. Until its recent conditional promise to recognise Palestine, the United Kingdom government has seemed more intent on prosecuting those who protest the policy and practice of genocide rather than in actually doing anything other than uttering occasional words of mild reproof.  Writing in the New York Review of Books recently, American historian Christopher R. Browning recalled the words of...

[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...

Call for papers The Faculty of Law of the Hebrew University of Jerusalem and the Columbia Law School invite the submission of written proposals for an international conference on the international law legacies of the Palestine mandate, to be held in Jerusalem on June 21-22, 2015, and for a subsequent publication. The full call for papers can be found here. Researchers interested in addressing these and related questions are invited to respond to this call for papers with a 1-2 page proposal for an article and presentation, along with a...

...groups have no business resorting to violence in the first place. So I’m afraid they can never get it fully right even if they wanted to. Funny how that works, isn’t it? But the state, ah well that’s a different thing. The state is a thing of beauty you know, it has courts, it can ratify treaties, it can be internationally responsible… CMP: … Precisely. I seem to remember there was some concern about Palestine being denied statehood at every turn… LOAC expert (looking genuinely puzzled): You’d have to go...

...one hand, and targeted killing directed against terrorist suspects, on the other. In the former case, I do not believe that we can or should move away from homogenous status of combatant; any other standard will overreach the technology now or in the foreseeable future. I suppose that one could imagine that in the very special circumstances of the Israeli-Palestine conflict, one could see on both the sides of regular soldiers and non-state actors, it would be possible to imagine a genuinely necessity based standard, beyond the fact of status....

...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...

...are posed for clashes and unrest. The oldest brother of Chinese activist Chen Guangcheng has said he was beaten up by what he calls government-hired thugs. The UN Conference on Trade and Development has decried the rising levels of poverty in East Jerusalem, blaming what it terms Israeli “segregation policies” for deepened economic isolation for Palestinians. The full report can be found here. US Secretary of State, John Kerry, is pushing for renewed talks between Israel and Palestine ahead of his next visit to the middle east in two weeks....

...response following Hamas’ massacre on 7 October. The submission has also brought about reflections on active allyship against the decades-old Israeli occupation of Palestine—something not to take lightly in the face of the longstanding call to have decolonisation as a concrete act rather than a metaphor or a mere workshop title. From what follows, the position of the Court on 26 January was particularly under scrutiny. Beyond a mere ‘international lawyerly’ issue, it seemed to represent a significant opportunity for the Court to demonstrate an international institution’s capabilities (and possible...

...Qatar refutes the interpretation of Article 22 of CERD, i.e. that there is a linear progression in terms of dispute resolution. Qatar also asserts that the argument of contradictory outcomes is speculative, and the UAE misunderstands the role of the CERD committee or a conciliation commission, in that no decision will be legally binding. (See 8 May hearings verbatim record, p. 17 – 36) A few points to highlight: The complaint by Qatar before the CERD Committee was the first inter-state communication filed by a state at CERD. Palestine has...