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.
A Layperson’s Guide to Some Basic Concepts in International Law and the Israeli-Palestinian Conflict
International law can be confusing even for lawyers and law students who are trying to grasp its basic concepts. What do terms like “conquest”, “belligerent occupation”, “annexation”, “statehood”, “non-self-governing territory” and “the right to self-determination” mean? To the average non-lawyer, these terms might sound like a completely foreign language. In this article, we hope to provide a simple layperson’s guide to some basic concepts in international law, and their relevance to the Israeli-Palestinian conflict.
There is much confusion and controversy about the plan of the Israeli government to extend its legal administration and excercise its sovereignty in certain parts of Judea and Samaria per 1 July 2020. This Q&A is intended to assist the reader in understanding what international law says about the plans.
In response to the Open Letter in Opinio Juris about the plans of the Israeli Government to “annex” certain parts of the “West Bank”, the author points at the misrepresentation of the planned act as ‘annexation’; you cannot annex territory where you already possess sovereignty.
By Andrew Tucker, Director at thinc. On the 10th of 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…
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”).
ICC Prosecutor sweeps aside arguments made by several highly regarded international lawyers, and seven States who are Parties to the ICC Statute of Rome.
The new Israeli government intends to extend Israeli sovereignty to parts of Judea and Samaria (the so-called West Bank). The media cry out ‘illegal annexation’ but is this a question of annexation? How can one annex what you’re entitled to?
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.
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…