Search: palestine icc
22 May When the Left Shoots Itself in the Foot (IHL Version)
...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...24 Apr Disingenuous ‘Disengagement’: Israel’s Occupation of the Gaza Strip and the Protective Function of the Law of Belligerent Occupation
[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...
19 Sep Public-Private Genocide?
...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...07 Dec Weekday News Wrap: Friday, December 7, 2012
...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...
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...