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Editorial: The Legality of the Israeli Annexation – Redux

Once the American Administration recanted its long standing position as regards Israeli settlements, one could expect, as day follows night, that a shift on annexation would also follow,…

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The Monetary Gold Doctrine and the ICC: Can the ICC determine the Territorial Boundaries of Israel and Palestine?

The Prosecutor of the International Criminal Court (ICC) has been engaged in a Preliminary Examination of the situation in Palestine since January 2015. By December 2019, the Prosecutor…

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A State is a State is a State? Some Thoughts on the Prosecutor’s Response to Amici Briefs on Territorial Jurisdiction – Part II

In Part Two of this blog, I turn to the second of the Prosecutor’s arguments in favour of the Court’s territorial jurisdiction with regard to the “Situation in…

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A State is a State is a State? Some Thoughts on the Prosecutor’s Response to Amici Briefs on Territorial Jurisdiction – Part I

On 30 April 2020, the ICC Prosecutor issued her Response to the Observations of Amici Curiae, Legal Representatives of Victims, and States  in the “Situation in the…

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False Positives, False Negatives, and Prosecutorial Discretion regarding the Jurisdiction of the ICC

Critics of the ICC Prosecutor’s request for a determination under article 19(3) in the Situation in the State of Palestine are right to point out…

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A critical assessment of the Government of Israel’s memorandum to the ICC – Part II

  In my previous post, I argued that contrary to the view of the GOI, a Palestinian state has existed since 1919, and a Palestinian government was established…

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A critical assessment of the Government of Israel’s memorandum to the ICC – Part I

  On 20 December 2019, the Prosecutor of the International Criminal Court (ICC) published a 112-page document requesting that Pre-Trial Chamber 1 rule within 120 days on the…

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Of Temporal Jurisdiction and Power Struggles in the ICC’s Palestine Investigation

  It’s been five years since Palestine made the much-awaited move of requesting the International Criminal Court to investigate crimes allegedly committed by Israel “in…

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Playing Safe or Hide and Seek? The ICC Prosecutor’s Request for a Ruling on the Court’s Territorial Jurisdiction in Palestine

  On 20 December 2019, the Office of the Prosecutor (OTP) of the ICC issued a Prosecution request pursuant to article 19(3) for a ruling on the…

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Palestine v United States: Why the ICJ does not need to decide whether Palestine is a state

Palestine’s institution of proceedings against the United States before the International Court of Justice (ICJ) has already drawn much attention on this blog (see here and…

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