On 10th June, over 100 international lawyers issued an Open Letter to the Israeli government, stating that Israel’s policy proposal is “clearly unlawful, and will most likely have adverse consequences, including … consequences of an internationally wrongful act … [and] a high likelihood of violent escalation” as well as leading to “under certain circumstances ……
On 5th June 2020 the “State of Palestine” submitted its response to the Pre-Trial Chamber’s Order requesting them to provide additional information about recent statements by the Palestinian organizations concerning the Oslo Accords (“Palestine’s Response on Oslo”) The Response is a fascinating document that raises a number of issues: 1. The Palestinian response in fact…
On 5 December 2019 the Office of the Prosecutor of the
International Criminal Court issued its annual Report on Preliminary Examination Activities 2019. In this report, the Prosecutor, Ms. Fatou
Bensouda, gave a summary of the status of the twelve “situations” under examination by her office. She has indicated strongly that the Office intends to move forward soon to officially investigate Israeli leaders for war crimes and possibly also crimes against humanity relating to the “situation in Palestine”. In our view, the Office of the Prosecutor of the ICC is making a grave mistake.
A legal analysis of the recent judgment of the European Court of Justice (ECJ) in the Psagot Winery Case, concerning the question how products imported into Europe from the “occupied Palestinian territories” should be labeled, shows that the reasoning of the ECJ is seriously flawed.
In a Judgment of 2 September 2019 the Appeals Chamber of the International Criminal Court orders the Prosecutor to reconsider her decision not to investigate the Gaza flotilla case. The wanderings of this case through the avenues and alleys of the procedural provisions of the Rome Statute of the ICC seems to become a journey without end.
On May 20, 2019 we reported that the ICC is considering looking into whether Israel has committed war crimes in its dealings with Palestinians. Now, the ICC is even considering initiating an investigation into the legality of Jewish settlements in the so-called “West Bank”, suggesting that such settlements constitute a war crime against Palestinians. The fact is, but for political motives, the ICC would not even be considering these issues.
In today’s society, there is a prevalent trend when it comes to “equity and justice” as regards the nation of Israel. There is a widespread predisposition against any act or situation involving Israel, which is invariably portrayed in a negative light and all too readily pre-judged as contrary to international law, often with no supporting evidence. Looking at the age-old ties of Israel with the Golan, and considering that the Heights are a strategic necessity for the national defense of Israel, justice would require that Israel’s ancient territory of the Golan be reconstituted under Israeli sovereignty.
Jerusalem is the subject of proceedings before the International Court of Justice. It is a bizarre case, in which the PLO appears to be trying to rewrite history, and to have that historical revisionism confirmed by the most eminent jurists in the world.
On Friday 17 May, the German Bundestag became the first national parliament in the European Union to adopt a motion denouncing the Boycott Divestment and Sanctions (BDS) movement for its anti-Semitic ‘pattern of argument and methods’.
The so-called ‘Two-state Solution’ appears to be up for grabs. Basically, the Two-state Solution says that the Palestinians have a right to a state covering all of the so-called West Bank, including ‘East Jerusalem’ as their capital. Years of failed negotiations have given way to the growing sentiment that the two-state solution is simply no longer feasible.
The Prosecutor of the International Criminal Court (ICC) has for some time been looking into whether Israeli leaders are potentially guilty of war crimes, i.a. in relation to Israeli settlement policies. To open an investigation into the settlements issue, she needs to decide that ’Palestine‘ is a state for the purposes of the Rome Statute that governs the ICC.
In a recent letter titled ‘Europe must stand by the two-state solution for Israel and Palestine’, 37 high-ranking former EU and NATO officials urge the EU to reject President Trump’s ‘deal of the century’ unless this plan commits to the two-state solution and adequately addresses Palestinian demands.
On 12 April 2019, the Pre-Trial Chamber of the International Criminal Court (ICC) unanimously rejected the ICC Prosecutor’s request to authorize her to open a formal investigation into alleged ‘crimes against humanity’ and ‘war crimes’ in Afghanistan over the last 15 years. The decision comes at a time when the ICC is under fire for its lack of success.
On 8 January 2019, the Netherlands Institute of International Relations – Clingendael – has sent a Policy Brief to the Permanent Committee of Foreign Affairs of the Dutch Parliament, entitled: ‘Wie wind zaait, zal storm oogsten: bezetting en de Staat Israël’. In this Policy Brief (December 2018), the authors claim that with regard to the…
On 13 September 2018, the 25th anniversary of the ‘Oslo Accords’ was passed. The Dutch government has always been a supporter of these accords. Unfortunately, the implementation of the Oslo Accords has stalled and the belief in the Two-state Solution is waning. Positions on both sides of the conflict harden and the situation among the…
The UNGA’s Emergency Special Session about Resolution A/RES/ES-10/19 on Jerusalem as Israel’s Capital. By Dr. Matthijs de Blois, Senior Fellow, thinc. On the 21st of December, 2017, the General Assembly (GA) of the United Nations (UN) again adopted a resolution on Jerusalem (A/RES/ES-10/19), within a month of its previous resolution on the 30th of November,…