Self-Determination

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A critical assessment of the Government of Israel’s memorandum to the ICC – Part II

  In my previous post, I argued that contrary to the view of the GOI, a Palestinian state has existed since 1919, and a Palestinian government was established – even if momentarily – in the territories occupied by the armed forces of Egypt and Jordan during the 1948 war following the termination of the mandate. This was known as the All-Palestine Government (APG). Although Jordan was opposed to the leadership of this government, it was recognised by all the other members of the Arab League. Jordan also recognised the sovereignty of the Palestinians living in the areas under its control in 1948-1949 when it sought their consent to the merger with Transjordan. The Act of Union was adopted by a parliament comprised of twenty Jordanian representatives and twenty Palestinian representatives following an election held in both territories. The Act recognised the separate identity of Palestine and the right of the Palestinian people to self-determination. In addition, I explained that the UN Partition Plan provided for the establishment of an Arab state and a Jewish…

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A critical assessment of the Government of Israel’s memorandum to the ICC – Part I

  On 20 December 2019, the Prosecutor of the International Criminal Court (ICC) published a 112-page document requesting that Pre-Trial Chamber 1 rule within 120 days on the Court’s territorial jurisdiction in the situation in Palestine. On the same day the request was made public, the Government of Israel (GOI) published a 34-page memorandum of the Office…

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The Bougainville Independence Referendum and the ‘Duty to Consult’

  Earlier this month, the Bougainville island region of Papua New Guinea (PNG), announced that almost 98% of Bougainvilleans voting in the recent independence referendum had voted in favour of leaving PNG. The referendum is a key element of the 2001 Bougainville Peace Agreement (BPA), which, following a ten-year armed conflict, provided for special autonomy and…

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Electoral Cyber Interference, Self-Determination and the Principle of Non-Intervention in Cyberspace

Introduction In recent years we have witnessed persistent attempts to interfere in elections by using cyber means. Russia’s cyber interference in the 2016 US presidential election is a prime and perhaps the most discussed example but it is not the only one; other incidents include electoral interference in the Netherlands, the UK, France and Germany…

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Clarification and Conflation: Obligations Erga Omnes in the Chagos Opinion

The recent ICJ Advisory Opinion concerning the Chagos Islands has, understandably, received a great deal of attention. The controversies surrounding the more political elements of the decision have dominated headlines. However, in this blog post, we want to focus on one particular aspect of the Court’s decision. Tucked away at the end of the opinion, paragraph 180…

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