Search: palestine icc

...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...

...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...

...efforts, including efforts to criminalize gender apartheid under national jurisdictions and collaborating normative development, including through soft law approaches. Legal proceedings also offer an opportunity to both build recognition of the crime as well as deliver justice for gender-based violations and crimes, including at the ICC and ICJ. The International Criminal Court’s (‘ICC’) announcement on the application for arrest warrants for senior members of the Taliban for gender-based persecution and any subsequent proceedings could help to draw significant attention to the ongoing institutionalized system of gender apartheid under the Taliban-controlled...