Search: palestine icc

...is for us to acknowledge that the epistemic injustice we have normalised has created conditions for the savagery Israel perpetrates today. “Dominant hearers must recognise that epistemic environments in which marginalised individuals can speak are notably few and dispersed and may constitute substandard spaces for these individuals to be heard.” The epistemic environment cultivated by international law has long been a hostile space and, judging by the ICC prosecutor’s tolerance for a mushrooming catalogue of war crimes, at least when Russia is not involved, it will remain so. In light...

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...

...report is that she does not jettison human rights or international criminal law, but instead reworks them so that they can begin to address genocide and other serious harms as the result of a public-private partnership. One of the ways she does this is by refocusing corporate accountability efforts on how corporations’ ‘specific human rights violations may also be constitutive of more structural and systemic violations of international law’. In the case of Palestine, this means that corporate due diligence is not satisfied simply by muddying the evidentiary waters over...

...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...

...that provides a legal framework to actions not promoting the key aims of TJ – reconciliation, and peacebuilding. The approach taken by Justice Barak-Erez, differs tremendously from the discourse around potential TJ processes in Israel and Palestine, due to the problematic categorization of victims in it. Conclusion Perhaps the terminology of TJ will play in the future a larger part in Israeli case law, both normative and descriptive, as it has played in the Sheikh Jarrah case. The way TJ was structured in the case leads to biases and misses...

...with the twenty years anniversary of its adoption of the Universal Declaration of Human Rights – and in light of its witnessing of forms of impunity in Vietnam and Palestine, the General Assembly accepted its so-called “Teheran Resolution,” demanding the recognition of human rights in wartime. Soon after, the UN Secretary-General published one of his famous reports, entitled “Respect for Human Rights in Armed Conflicts,” which helped to further stimulate the overall drafting process. In other words, the UN, under the strong influence of its Human Rights Division led by...

...effort to wage war. Clearly, this debate has a certain resonance with the ongoing controversies surrounding the tension between retribution and peace – think of the ICC’s intervention in Sudan, or that of Human Rights Watch in Colombia most recently. Strikingly, however, both experts seem to have a very selective – and problematic – understanding of the historically ambiguous, yet constantly changing relationship between the two fields of international law in wartime – jus in bello and jus ad bellum. In this post, adhering to Moyn’s call for a new...