Palestine

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Complementarity and the German Amicus Curiae Submission in the ICC Palestine Arrest Warrant Proceedings

August 19, 2024

In this post I will discuss the complementarity objections expressed by Germany and some other participants in the ongoing ICC arrest warrant proceedings in the Palestine situation. These objections only refer to the arrest warrant requests of 20 May 2024 concerning Prime Minister Netanyahu and Defence Minister Gallant. I will start with a critique of the lack of transparency regarding the amicus curiae procedure. I will then present some procedural considerations before discussing the actual complementarity issues. After summarizing the German position, I will offer a critical assessment, taking into account other relevant submissions. In a nutshell, while presenting some valuable and interesting arguments which deserve to be carefully weighed by the Pre-Trial Chamber (‘PTC’) I, on a more principled level, the German position is in line with the infamous Staatsräson doctrine representing Germany’s foreign policy towards Israel. There is strong, almost unconditional support, coming close to a primacy of politics over law, which entails interpreting international (criminal) law in a sort of most-favored-nation treatment of Israel. Lack…

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EJIL: The Podcast! Episode 27: Preoccupied – The ICJ’s Palestine Advisory Opinion

August 7, 2024

In this episode, Dapo Akande, Marko Milanovic and Philippa Webb are joined by Yuval Shany, and discuss the recent advisory opinion of the International Court of Justice on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. The hosts and their guest explore the Court’s reasoning on how violations…

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Friendly Feast during the Plague: Is the Pre-Trial Chamber Losing its Way on the Palestine Arrest Warrant Proceedings?

August 1, 2024

Making progress in the politically divisive Situation in Palestine was never to be plain sailing for the International Criminal Court. Yet, when on 20 May 2024 the ICC Prosecutor announced the filing of applications for the warrants for the arrest of five individuals, the path lying ahead of the Court was straightforward – or so…

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‘Racial Segregation and Apartheid’ in the ICJ Palestine Advisory Opinion

July 31, 2024

Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) reads: ‘States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction’. The provision proved central to the recent International Court of Justice (ICJ) Advisory…

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Implications of the ICJ Advisory Opinion for the EU-Israel Association Agreement

July 30, 2024

The groundbreaking Advisory Opinion of 19 July 2024 on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem by the International Court of Justice (Court or ICJ) has serious implications for third countries. The Court dedicated a full section of its Opinion to international obligations…

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