Search: palestine icc
13 Dec The Prohibition against Genocide: Hollow Rhetoric or Pathway to Accountability?
...in occupied Palestine before the ICJ. Notwithstanding the outcome of this pending Opinion, does a request for provisional measures aimed at mitigating the irreparable harm inherent in the very allegation of a genocide offer a more substantive interlocutory solution for the affected Palestinians? The singularly unique facet of Gambia’s standing before the ICJ, successfully proved, was based on the assertion that the prohibition against genocide as enshrined in the Genocide Convention was an erga omnes partes obligation, hence giving locus standi to all states party to the Convention to bring...31 Jan Weekend Roundup: January 24-31, 2015
...of the hostage situation between ISIS and Jordan/Japan, Jens weighed in on hostages and human dignity. Jens also reported on yesterday’s decision at the ICTY Appeals Chamber, upholding genocide charges in the case of The Prosecutor v. Popovic et al. related to the massacre at Srebrenica in July, 1995. Duncan highlighted his newest paper, this time he’s written An Intersubjective Treaty Power and a guest post came in from Nimrod Karin, responding to Kevin’s critique of his Just Security posts (here and here), about whether Palestine’s joining the ICC amounted...25 Apr The Functional Approach to the Occupation of the Gaza Strip and the Right to Self-Determination
...customs and valued added tax for goods entering Gaza, and electricity supply (Gisha’s position paper p. 9). In reducing its involvement in the territory, Israel can be seen to have created some autonomous space for what goes on in the territory to be determined by the people of Palestine; and thereby to have reduced the level of infringement of the Palestinian’s right to self-determination that Israel’s presence represents. As such, the continued application of the law of occupation to the whole of the territory might be viewed as no longer...11 Feb Ahmadinejad on the Cartoon Controversy
For Iranian President Mahmoud Ahmadinejad it’s all about Israel. The cartoons were not an act of freedom, they were a desperate act of hostages. This week Ahmadinejad used the cartoon controversy to blame the United States and Europe for “being hostages of the Zionists.” He then criticized the double-standard of the freedom to insult the prophet while imposing criminal sanctions on those who deny the Holocaust. “I ask everybody in the world not to let a group of Zionists who failed in Palestine … to insult the prophet. Now in...
22 Apr International Justice System v. People’s Tribunals: A Fictional Hierarchy
...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...
16 Feb On Being Disappointed at Judge Julia Sebutinde’s Dissent
...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...26 Aug Structuring a Peace Process
...negotiations will be hampered by the lack of a really representative Palestinian government. “That is the point,” agreed Cohen, the director of the Institute for Middle East Peace and Development and author of a new book, Beyond America’s Grasp: A Century of Failed Diplomacy in the Middle East. The United States is “acting as if there is a strong state” among the Arab states, he said. “But there is no leader who can make a decision who can carry the day. [Similarly], there is no strong leader in Palestine who...
19 Jan Three Key Moments in the Long History of the Assembly of States Parties to the Rome Statute
...organ of the Court, is critical for its success (for example by approving its budget), and as seen in the situation of Palestine, to afford legitimacy to the judicial process. Departing from the fact that multilateral treaties are governed by its parties, it is worth recalling the history and ideas that shaped the creation of the Assembly of States Parties. Looking back to bring forwards the issues and challenges facing the Assembly and the Court, three key moments in the history of international criminal law can help identify the forces...03 Apr “Excuse Me, the Secretary of State Needs Me”
Interesting summary of a recent speech by Colin Powell addressing Iraq, Palestine, China, Russia, Europe, globalization, and immigration. Best line: “My favorite [Powell joke] was about buying all State Department employees Blackberries (when he arrived the State Dept. still had Wang Computers so he wired every desk and bought them all Blackberries), but that one employee was using it as a ‘chick magnet’ by meeting women and then making a big deal of saying ‘Oh, the Secretary needs me.'”...27 Aug Israel’s Indiscriminate Attack on Shujaiya
...up to it.” As I said, stunning stuff. And utterly damning of the IDF — the “most moral army in the world.” It’s just a shame the US government won’t be more open with what it really thinks about the IDF’s actions. Perhaps then Israel wouldn’t feel free to use force against Palestine with impunity. NOTE: After reading the article in Al Jazeera America, make sure to read Shane Darcy’s important post at EJIL: Talk! discussing a recent decision by Israel’s Supreme Court that upholds the legality of collective punishment....