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Panel of Experts Publishes Report Supporting ICC Arrest Warrant Applications for Crimes in Israel and Palestine

A Panel of Experts in International Law convened by the Prosecutor of the International Criminal Court, Karim Khan KC, today announced its conclusions. The Panel was established at the Prosecutor’s request in support of his investigation into the ‘Situation in the State of Palestine’, which covers international crimes committed either on the territory of Palestine or by a Palestinian national. The Panel’s mandate was to advise the Prosecutor on whether his applications for arrest warrants met the standard provided in Article 58 of the Rome Statute of the International Criminal Court. The Panel members unanimously endorsed the Prosecutor’s assessment that the Court had jurisdiction over the case and that there were ‘reasonable grounds to believe’ that individuals named in the arrest warrants — including senior leaders of Hamas and Israeli Prime Minister Benjamin Netanyahu — have committed war crimes or crimes against humanity within the jurisdiction of the Court. The Panel was comprised of the following experts: Lord Justice Fulford, former Vice-President of the Court of Appeal of England and Wales and former Judge…

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Targeting mistakes and other unintended engagements in armed conflict: The explosion at Al-Ahli Hospital in Gaza

Armed conflicts are marred by misidentifications and miscalculations. Civilians carry the brunt of identification mistakes and faulty military equipment, often being harmed not intentionally, but due to the carelessness of parties to conflict. In the past months, reports of unintended engagements have been particularly frequent. On 5 May, it was announced that Russia has ‘accidentally bombed its…

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Request for “Clarification” or “Modification” of the Provisional Measures Orders: Different Paths, Same Destination?

Within three months of instituting proceedings against Israel in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip, South Africa made three requests for provisional measures (here and here): the first request led to the indication of six provisional measures (Order of…

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Does Israel have the right to self-defence – and what are the restrictions?

There has been much focus on Israeli violations of international humanitarian law (jus in bello) and possible genocide in Gaza. Less attention has been paid to Israel’s claim to self-defence (jus ad bellum) against the terrorist attack on 7 October 2023. However, the rules on self-defence address the legality of the overall purpose of the operations and the…

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Implausible Confusion: The Meaning of “Plausibility” in the ICJ’s Provisional Measures 

Introduction  In its Order of 26 January 2024 in the case of South Africa v. Israel (brought under Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide (“the Genocide Convention”)), the International Court of Justice (“ICJ”) indicated a number of provisional measures.   As part of its analysis,…

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