Search: palestine icc

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...

[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 –...

[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...

...from neighbouring states seem unlikely. That assumption is now being tested. Complaints have been filed or initiated in Indonesia, the Philippines, and Timor-Leste. LAW’s work is built around direct representation of victims and survivors. We represent hundreds of survivors, not only from Myanmar, but also from Sri Lanka, Sudan, South Sudan, Somalia, Ethiopia, Syria, Lebanon, Palestine, and Ukraine and beyond. We work with 59 partners, and 80 per cent of our teams are on the frontlines. The first question we ask survivors is what kind of justice they want. The...

...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...

...the International Committee of the Red Cross on 11 October 2023, and, at the political level, in a statement issued by the High Representative of the European Union on 10 October, with Germany participating fully in its adoption (para.20). On 27 October 2023, the UN Committee on the Elimination of Racial Discrimination (CERD/the Committee) acted under its Early Warning and Urgent Action (EWUA) procedure and issued Statement 5 (2023) on Israel and the State of Palestine. The Committee referred to the statement by Israel’s Minister of Defense, Yoav Gallant, describing...

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...

...and international law) and in the ECJ’s case law (see, e.g., Poulsen and Diva Navigation, Racke, and Kadi). In the case at hand, the Member States of the EU are subject to a wide range of obligations derived from the UN Charter and UN human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). As noted by the OHCHR, EU law and policy...