Search: palestine icc

...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...

...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...

...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...

...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...

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.'”...

...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....

...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...

...was not adopted, however, because of a veto by a permanent member.  In 1977-78, then External Affairs Minister Atal Bihari Vajpayee spoke to the UNSC regarding Namibia’s independence in 1978. In 1984-85, India was a leading voice at the UNSC for the resolution of conflicts in the Middle East, especially Palestine and Lebanon. In 1991-92, Indian Prime Minister P V Narasimha Rao participated in the first ever summit-level meeting of the UNSC and spoke on its role in maintenance of peace and security. India again joined the UNSC after a...

...would still be murder under Israeli law, because Hamas does not qualify as the armed forces of Palestine and thus does not have the combatants’ privilege to kill. That was obviously too “legal” for Winstanley, because…] “Complicated” — yea right. Wasn’t so complicated for you to declare Israeli attacks on civilians “potentially legal”. [Not what I said, of course. I said Israeli attacks on military targets that incidentally kill civilians — the kind of attacks Ya’alon was discussing — were potentially legal, depending on their proportionality.] And yet you use...

[Valentina Azarov is a Lecturer in International Law and Human Rights, Al-Quds Bard College, Al-Quds University, Palestine (on leave)] This is the third post of 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. By far one of the most challenging questions for the international law of belligerent occupation pertains to the termination of occupation. The law states that “occupation comes to an end when an occupant withdraws from a territory, or is...

[Ariel Meyerstein received his J.D. from Boalt Hall (2006) and is currently a PhD candidate, Jurisprudence and Social Policy Program. His recent scholarship includes, “Between Law and Culture: Rwanda’s Gacaca and Postcolonial Legality,” 32 Law and Social Inquiry 467-508 (2007), “Transitional Justice and Post-Conflict Israel/Palestine: Assessing the Applicability of the Truth Commission Paradigm,” 38 Case Western Reserve Journal of International Law 281 (2007), “The Law (and Lawyers) as Enemy Combatant(s),” University of Florida Journal of Law and Public Policy (forthcoming).] In this reply, I do not want to take on...