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The ICC Prosecutor’s statement on the Situation in Palestine: A Hand Stretched forth in Friendship?

On 3 March the OTP of the ICC confirmed that it had initiated an investigation regarding the Situation in Palestine. The investigation will cover crimes within the jurisdiction of the Court that are alleged to have been committed in the Situation since 13 June 2014. The OTP statement was no surprise: according to Article 18 of the Rome Statute, upon the initiation of an investigation the Prosecutor must notify all States Parties and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned. Each of those states may, within one month of receipt of that notification, inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes under the Court’s jurisdiction and which relate to the information provided in the notification. At the request of that state, the Prosecutor shall defer to the state’s investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorise…

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Of Straw Men, the United Nations and Illegal Occupation: A Rejoinder to David Hughes

Introduction In volume 31:3 of EJIL, David Hughes provides an interesting reply to my article in the same volume, in which I critically examine the commitment of the United Nations (UN) to the international rule of law by examining its management of the occupied Palestinian territory (OPT) since 1967. I argue that…

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Israel’s Cautious Perspective on International Law in Cyberspace: Part II (jus ad bellum and jus in bello)

In Part I of this series, I assessed Israel’s approach to the identification and interpretation of international law in the cyber context, as set forth in an important virtual speech by Israel’s Deputy Attorney General for International Law, Dr. Roy Schöndorf, at the “Disruptive Technologies and International Law” conference hosted by the US Naval War College’s…

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Israel’s Cautious Perspective on International Law in Cyberspace: Part I (Methodology and General International Law)

Last week, Israel’s Deputy Attorney General for International Law, Dr. Roy Schöndorf, delivered an important virtual speech on his nation’s positions regarding the application of international law in cyberspace at the “Disruptive Technologies and International Law” conference hosted by the US Naval War College’s Stockton Center for International Law. The sophisticated presentation described…

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Israel’s perspective on Key Legal and Practical Issues Concerning the Application of International Law to Cyber Operations

Transcript of the keynote speech delivered by Israeli Deputy Attorney General (International Law), Dr. Roy Schöndorf, on 8 December, 2020 at the US Naval War College's event on "Disruptive Technologies and International Law".* I would like to present, here today, Israel's perspective on key aspects of the application of international law in connection…

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