Palestine

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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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“Solid jurisdictional basis”? The ICC’s fragile jurisdiction for crimes allegedly committed in Palestine

On 5 February 2021, Pre-Trial Chamber I issued its long-awaited decision regarding the ICC’s jurisdiction for possible war crimes committed in the occupied Palestinian territories (Gaza and the West Bank, including East Jerusalem) since 13 June 2014 (for an academic analysis, see the symposium here). The decision was requested by the Office…

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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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On Hezbollah, Huawei, Homosexuality, Sharon Stone and a Chainsaw: The Economic Normalization Agreement between Serbia and Kosovo

On September 4, 2020, an economic relations agreement was signed between Serbia and Kosovo, as part of efforts to resolve the long-standing dispute about Kosovo’s independence. It was brokered by the Trump administration and signed at the White House. President Trump called the agreement historic and its signatories – the President of Serbia, Aleksandar Vučić, and Prime Minister…

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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, much to the delight of the Israeli government. It played well to the internal political agenda of both governments. In the case of settlements the State Department at least…

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