Palestine

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Applications for Arrest Warrants in the Situation in Palestine: In Defence of the Legal Process

The recent announcement by the Prosecutor of the International Criminal Court (ICC) seeking arrest warrants for leaders of both Israel and Hamas has sent shockwaves through the region. Unlike last year’s similar action against Russian President Vladimir Putin and Maria Lvova-Belova, which received widespread approval from Western states, the ICC Prosecutor’s application on 20 May 2024 marked the first time the ICC is pursuing the leader of a Western-backed state. Prosecutor Karim A.A. Khan KC stated that the arrest warrant applications resulted from an independent and impartial investigation, examining both incriminating and exonerating evidence, with support from a panel of international law experts. He emphasised the review of extensive (but, at this stage, confidential) evidence and legal analysis conducted by his Office before submitting the applications to the Pre-Trial Chamber. Given the polarised history of the Israeli-Palestinian conflict, the Prosecutor’s decision inevitably sparked extensive debates and responses in various forums. These ranged from critical, yet constructive, commentary to outright…

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The strange story of the “conditional” admission of the State of Palestine to the United Nations

On 10 May 2024, the General Assembly (GA) adopted by an overwhelming majority Resolution ES-10/23 on the admission of the State of Palestine to the United Nations. The resolution does not pronounce the admission. After determining in point 1 of the operative part that the State of Palestine meets the requirements for admission under Article 4(1) of the…

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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…

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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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