Search: palestine icc
21 Nov To Which Transition and Justice to Whom? Towards Recognition of Transitional Justice in Israeli Case Law
...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...10 Oct 15 Years Later: A History of the Forever War and the Laws of War (Part 2 of 2)
...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...07 Oct 15 Years Later: A History of the Forever War and the Laws of War (Part 1 of 2)
...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...
14 Nov Doing Business in Illegal Israeli Settlements, the Dutch Way
...OPT, a small number of which she explicitly named in her July 2025 report (para. 8). As she compellingly argues, the economy of occupation in Palestine spans well beyond the settlements and encompasses a wide-ranging corporate-fueled process of displacement and replacement of the Palestinian population in the service of settler colonialism (para. 22). Relatedly, compliance by third states with the obligations identified by the ICJ in its 2024 Advisory Opinion requires more than taking measures in relation to settlements. In a resolution demanding compliance with the Advisory Opinion, the UN...
08 Jun Black Lives Matter, the USA and the UN Convention against Racial Discrimination
...ICERD. Articles 11-13 ICERD lay out the procedure, which applies to all State parties to the ICERD without the need for a declaration of consent to proceed. Such a practice was only exercised for the first time in 2018 where three inter-State communications were submitted: State of Qatar vs. Kingdom of Saudi Arabia, State of Qatar vs. United Arab Emirates and State of Palestine vs. State of Israel (see here). The Committee initially decided to not take decisions due to “the legal complexity of the issues broached and a lack...
05 Apr Of Palestinian Liars and Israeli Saints: Confronting Anti-Palestinian Racism in International Law
...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...29 Sep Weekend Roundup: September 22-28, 2012
...speech as prepared for delivery. Further on UN appearances, Kevin wondered whether Benjamin Netanyahu’s “red line” about Iran’s nuclear bomb could still be taken seriously. Other posts also dealt with Iran. Kevin asked why progressive bloggers were so willing to overlook the MEK’s involvement in the assassination of Iranian scientists when claiming that the organization has not been involved in terrorist attacks for years, and Deborah Pearlstein wrote about new drone technology reportedly developed by Iran. In a guest post, Chantal Meloni argued why the Palestine-ICC saga is far from...
15 Nov Israel’s Brazen Attack on Al-Haq – Troubled from Apartheid Charges, Armed with Terrorism Designations and Blessed by U.S. Silence
...and human rights activities, and its long-lasting constructive engagement with the ICC. Having a closer look at how Israel strategized its most recent attack, Al-Haq’s General Director, Shawan Jabarin’s statement only proves how anxious and desperate Israel is to obliterate the Palestinian CSOs: The recent allegations against Al-Haq and fellow organizations are a result of the Israeli failure to challenge the work of the organization on the basis of law or evidence, deciding instead to use its political power as an occupying colonial regime with the ability to create the...
23 May Development as Domination: Settler Tourism in Western Sahara and the Commodification of Occupied Territories in Trumpist International Law
...“homo homini lupus”) which masks as order its core logic of conquest and domination. Trump’s dystopian visions (from Greenland to Panama, from Eastern Ukraine to Palestine), constrained less by common values and normative commitments than by realpolitik considerations, do not so much disrupt the international order as they lay bare the underlying architecture that has long sustained it. As such, Morocco’s intensifying integration of Western Sahara into its economy, premised on landgrab and segregation and facilitated by European complicity and rhetorical appeals to “development”, reflects international law’s systemic inability to...08 Dec Weekend Roundup: December 1-7, 2012
This week on Opinio Juris, we continued a few conversations from last week. Kevin Jon Heller clarified his argument about the retroactive acceptance of the ICC’s jurisdiction, and challenged the assumption that Palestine was not a state before last week’s UNGA vote. Deborah Pearlstein advanced three reasons for the importance of Jeh Johnson’s recent speech on the conditions for calling an end to the war on terror. Continuing on the war on terror, Kevin expressed concern over the extension of US targeting policy in Afghanistan to “children with potential hostile...