Palestine

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Statehood as an Incidental Issue in International Adjudication: Reflections on Palestine’s Intervention Request in South Africa v Israel

November 11, 2024

In December 2023, South Africa instituted proceedings against Israel at the International Court of Justice (ICJ) under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). To date, ten third-party interventions have been submitted in the case. Eight states—Bolivia, Chile, Turkey, Spain, Mexico, Libya, Colombia, and the Maldives—have filed declarations of intervention under Article 63 of the ICJ Statute as state parties to the Genocide Convention. Nicaragua has requested permission to intervene under Article 62, asserting a legal interest which may be affected by the ICJ’s decision. Palestine, having acceded to the Genocide Convention in April 2014, has sought to intervene under both articles. As both Articles 62 and 63 provide for interventions by ‘states’, Palestine’s requests (particularly under Article 62), may raise the question of whether it qualifies as a ‘state’ for the purposes of the ICJ Statute—as an antecendent determination for the acceptance of its intervention requests.

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A Hands-Off Approach to International Law: The Frankfurt Administrative Court’s Stance on Arms Exports to Israel

September 26, 2024

Introduction: Facts and Background of the Case On 15 July 2024, five individuals from Palestine applied for interim legal relief before the Administrative Court Frankfurt against the Federal Republic of Germany. They challenged arms export approvals by the German Government to Israel and claimed that these endangered their bodily integrity and life. The applicants argued that…

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The Discretion that Wasn’t: The ICJ’s Exercise of Judicial Propriety in its Latest Advisory Opinion

September 18, 2024

Some weeks ago, Nicholas Tsagourias published a piece on Articles of War blog, analysing the International Court of Justice’s (ICJ) recent advisory opinion on Israel’s practices in the Occupied Palestinian Territory. While other blogposts examined the opinion in substance, Tsagourias devotes his words to the Court’s discretion. According to him, compelling reasons should…

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EJIL: The Podcast! Episode 28: Unlawful Occupation, Annexation and Segregation: The ICJ’s Advisory Opinion on Palestine

September 17, 2024

I invited three distinguished Palestinian lawyers to EJIL: The Podcast! to discuss the recent ICJ decision on Palestine. They had views. Joining me, Nehal Bhuta, on the podcast were Diana Buttu, lawyer and former PLO negotiation team member; Professor Ardi Imseis, Queen’s University Law School, Ontario; and Dr Nimer Sultany, Reader in Law, SOAS…

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Really Binding? Security Council Resolution 2728 (2024) and Non-State Actors

September 9, 2024

There has been controversy, including on this blog, over whether the UN Security Council resolution 2728 (2024) on the Palestinian question is legally binding or not. It seems to me that while Eran Sthoeger places much emphasis on whether the Council resolution can be traced back to Chapter VII, Eirik Bjorge regards the use of…

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