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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 had come to the conclusion that there is a reasonable basis to believe that war crimes have been, or are being, committed on territory of Palestine, and that the other conditions required by the Statute for the opening of an investigation exist. At that time, the Prosecutor sought a ruling from the ICC Pre-Trial Chamber that the “‘territory’ over which the Court may exercise its jurisdiction under Article 12(2)(a) [of the ICC Statute] comprises the Occupied Palestinian Territory, that is the West Bank, including East Jerusalem, and Gaza” (para 5 Prosecutor’s Request for a Ruling on the Court’s Territorial Jurisdiction in Palestine 22 January 2020). As Malcolm Shaw noted in his recent posts on this blog (here and here), this request has brought into renewed focus a debate about whether Palestine is a state and whether it is able to confer jurisdiction on the ICC.

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The Duties of Occupying Powers in Relation to the Fight against Covid-19

Significant scholarship is investigating the array of international legal issues pertaining to the fight against Covid-19. This brief post aims at contributing to this debate by assessing the obligations upon occupying powers in this regard. Many sources have been reported that Covid-19 has reached occupied areas such as the OPT (e.g., here) and Northern…

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The Ituri Conundrum: Qualifying Conflicts between an Occupying Power and an Autonomous Non-State Actor

Last week, Trial Chamber VI of the International Criminal Court (ICC) issued the long-awaited judgment in the Ntaganda case. The judges found the defendant guilty on all 18 counts, including the ICC’s first ever conviction for sexual slavery. Although the Chamber is yet to resolve matters related to sentencing and reparations, the decision marks an important milestone…

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Not Appropriate:  PTC I, Palestine and the Development of a Discriminatory ICC Jurisprudence

On 13 July, Pre-Trial Chamber I (PTC I) issued an unprecedented decision in which it ordered the Registry to establish unique public information and outreach activities for the “benefit of the victims in the situation in Palestine”, as well as to report on its situation activities on an ongoing basis.  No Pre-Trial Chamber has made the same…

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The Israeli Strikes on Iranian Forces in Syria: a case study on the use of force in defence of annexed territories

Factual Background and Legal Issue The extensive air strikes launched by Israel on Iranian forces and assets across Syria in the early morning of 10 May 2018 present a complex case study which deserves proper legal scrutiny. According to the reconstruction given by the Israel Defence Forces (IDF), the strikes were decided in retaliation for…

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