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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...

...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...

...by the ICRC in February 1945, Dresden was being burned to ashes by Allied incendiary bombs. Equally, the drafting parties were shaping the conventions against the backdrop of the ongoing violence in Palestine, Indochina, Indonesia and Greece around 1947. Van Dijk’s challenging of this master narrative is timely, particularly when read against the backdrop of current armed conflicts in so many countries, including Ukraine, Syria, Yemen and Ethiopia. The book encourages a train of critical thought that is helpful, when reflecting on where we are, and how we got here....

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...

...including in and around East Jerusalem; […] All States are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction […] In the Wall advisory opinion, the fact that there was no jurisdictional basis for the ICJ to decide a dispute between Israel and Palestine did not prevent the ICJ from setting out an unequivocal finding that Israel violated the law, accompanied by extensive clarifications on what Israel should...