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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...

[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...

...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...

...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...

...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...

...in the Balkans? How about the intervention in Libya? Did the international legal community jump the gun in threatening Ghadaffi and his family with criminal indictments, taking off the table options such as amnesties or exile that might have led to an earlier and less bloody regime change in Libya? Have the competing allegations of war crimes and humanitarian violations made in harder rather than easier to have meaningful peace talks between Israel and Palestine, distracting from the underlying political claims at issue? I look forward to hearing your views....

[Fred Abrahams covered the Kosovo conflict for Human Rights Watch . He wrote the book Modern Albania and co-wrote A Village Destroyed: War Crimes in Kosovo . Marija Ristic covered Serbian war crimes trials as a journalist for local and international media.] This April, a modest courtroom in Belgrade, Serbia, offered a lens into the global debate on justice for atrocity crimes. The case dealt with mass killings in Kosovo committed 25 years ago but the topic has relevance for Sudan, Ukraine, Israel/Palestine and other conflicts today. In the dimly...

...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...

...Jordan has visited the West Bank to congratulate Palestinian president Mahmoud Abbas on the UN General Assembly resolution from last week upgrading Palestine’s observer status. Hamas’ exiled leader Khaled Meshaal plans to visit the Gaza Strip for the first time in 45 years. Human Rights Watch has filed a report alleging violations of international humanitarian law by Israel in a shelling that killed 12 Palestinian civilians in last month’s clashes. Geographical Imaginations blog has a post up about the politics of drone wars. A judge in New Zealand has ordered...