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The OTP’s expert panel in the Situation in the State of Palestine: Additional safeguard or hostage to fortune?

On 20 May 2024, the world of international criminal law shook with news announced by Karim Khan KC, the Prosecutor of the International Criminal Court (ICC), that he was applying for arrest warrants in the Situation in the State of Palestine (the “Situation”). The Prosecutor’s announcement was supported by what he described as “an additional safeguard,” in that his Office (the “OTP”) had been assisted by the “advice of a panel of experts in international law” (the “Panel”). The Panel comprises Lord Justice Fulford, Baroness Helena Kennedy KC, Elizabeth Wilmshurst CMG KC, Danny Friedman KC, Amal Clooney, His Excellency Judge Theodor Meron CMG, Professor Marko Milanovic, and Professor Sandesh Sivakumaran. The Prosecutor further acknowledged “the contributions of a number of [Mr Khan KC’s] other Special Advisers to this review, particularly Adama Dieng and Professor Kevin Jon Heller.” Mr Khan KC describes the Panel as an “impartial group” which was “convened to support the evidence review and legal analysis” regarding the applications for warrants. According to the Prosecutor, the Panel’s “independent expert analysis” had…

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Assessing the Contents of the ICJ’s Latest Provisional Measures Order in South Africa v. Israel

In its application instituting proceedings against Israel last December, South Africa requested the International Court of Justice (ICJ) indicate a provisional measure ordering Israel to “immediately suspend its military operations in and against Gaza” (para. 144(1)). Since then, in successive orders and decisions dated 26 January, 16 February, and…

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ICC Prosecutor’s application for arrest warrant against Israeli leaders: The war crime of starvation and its contextual element

On 20 May 2024, the ICC Prosecutor requested arrest warrants against leaders of both Hamas and Israel. The key crime charged against the Israeli leaders, Benjamin Netanyahu (Prime Minister) and Yoav Gallant (the Minister of Defence), is the war crime of starvation of civilians as a method of warfare. This crime raises numerous issues, including…

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Karim Khan’s Dubious Characterization of the Gaza Hostilities

In his 20 May 2024 press statement announcing his intent to seek arrest warrants for Palestinian and Israeli figures, Prosecutor Karim Khan of the International Criminal Court says, “My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a…

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State Objections to the ICC Prosecutor’s Request for Arrest Warrants in the Palestine Investigation

Almost 8 months into the Gaza War, International Criminal Court (ICC) Prosecutor Karim Khan announced on 20 May that he has applied to the Court’s pre-trial chamber for the issuing of arrest warrants for three top Hamas leaders as well as Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant (the “arrest warrant requests”).

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