Dr. Daphné Richemond-Barak is Assistant Professor in the Lauder School of Government, Diplomacy and Strategy at IDC Herzliya, where she heads the International Program in Government. She also serves as Senior Researcher and Head of the International Law Desk at the International Institute for Counter-Terrorism (ICT), and as an Adjunct Scholar at the Modern War Institute at West Point.
Ambassador Alan Baker explains why Israeli settlements are not a war crime and are therefore beyond the ICC’s jurisdiction.
The authors, all working at the ICC, opine that it is in the interest of the State of Israel to engage with the ICC rather than ignore the Court.
The March 3, 2021 decision of the Prosecutor of the International Criminal Court to open a full investigation of the “Situation in Palestine” has prompted responses advising the Israeli government to take a more
cooperative approach toward the Court. Yet there are a number of
strategic, diplomatic, and legal arguments for not cooperating. This study analyzes the considerations to be made.
In giving itself jurisdiction over the “Situation in Palestine,” the ICC ignores previous treaties and delegitimizes its own authority.
The judges at the ICC in The Hague decided that all activity in the West Bank, East Jerusalem, and the Gaza Strip can be investigated, but the day we might see arrest warrants issued for Israelis, if at all, remains a long way off. What can be expected, and how can Israel prevent further legal moves against it?
Late Friday 5th February 2021, the Pre-Trial Chamber of the International Criminal Court (ICC) made its long-awaited decision on the question whether it has “jurisdiction” to prosecute Israeli and Palestinian leaders for crimes committed “on the territory of Palestine”. The decision is extremely controversial and pushes the boundaries of international law.
President Donald Trump’s decision to move the US embassy in Israel from Tel Aviv to Jerusalem has been subject to intense international scrutiny. Amid the debate, what does the law suggest? Read here what Professor Gregory Rose of the School of Law at the University of Wollongong, Australia, wrote about it.
On the 21st of December 2017 the UN GA again adopted a resolution on Jerusalem within a month of its previous resolution on the same topic . The most recent resolution came in response to the speech of the President of the United States on the 6th of December 2017, in which he recognised Jerusalem as the capital of Israel and announced the removal of the US Embassy from Tel Aviv and its relocation to Jerusalem.