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Rome Statute

  • The forced transfer of Palestinian detainees — why it matters

    International law is clear that prisoners should not be transferred outside of an occupied territory — both to allow their families access to them and to prevent forced population transfer. But that's not all that's at stake. By Gerard Horton Palestinian children detained in the Israeli military detention system should be held in facilities located in Palestine, as opposed to Israel, in accordance with international law, UNICEF recommended in its 2013 report, Children in Israeli Military Detention (2013). The latest figures released by the Israeli Prison Service (IPS) indicate that since UNICEF made this recommendation the percentage of Palestinian children…

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  • Palestinian groups present 'war crimes' evidence to the ICC

    The International Criminal Court prosecutor is conducting a 'preliminary examination' into the 2014 Gaza war. But are Israeli officials at higher risk of prosecution for illegally building settlements in the West Bank? Four Palestinian human rights organizations submitted research, testimonies and documentation to International Criminal Court prosecutor Fatou Bensouda on Monday, which they said contain evidence of war crimes and crimes against humanity committed by Israelis during the 2014 Gaza war. The four Palestinian human rights organizations, Al-Haq, Al-Mezan, Aldameer and the Palestinian Center for Human Rights (PCHR), said the information they handed over to Bensouda on Monday detailed “illustrative instances” of…

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  • How ICC membership could revive Palestinian statehood at the UN

    Could a shift in U.S.-Israeli relations lay the groundwork for bolder legal and diplomatic moves in the international arena against Israel and the occupation? By Lolita Brayman Prime Minister Benjamin Netanyahu’s election success is being portrayed by some as a victory for the international aspects of the Palestinian cause. For months, Palestinians have been trying to leverage Europe’s frustration with Israeli actions and now the United States might be having second thoughts about wielding its almighty UN Security Council veto. There is a global consensus for a two-state solution today. So when Netanyahu publicly abandoned his commitment to negotiating the…

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  • In Gaza, justice delayed is justice denied

    Israeli army investigators have not even contacted the teenage victim of one of the few alleged war crimes it says it is probing. More than two months after Israel's assault on Gaza began, victims of the air, land, and sea invasion continue to have no recourse against their occupiers. It's been nearly two months since 17-year-old Ahmad Abu Raida says he was used as a human shield by Israeli forces near the Gaza border town of Khan Younis. Since then, human rights organizations and various media outlets have reported on the case (+972 was among the first), but Abu Raida has yet to face his alleged…

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  • On the Israel-apartheid analogy, yet again

    The apartheid debate is no longer restricted to referencing specific South African practices. Instead, international law is increasingly becoming the guiding framework. By Ran Greenstein Thomas Mitchell raises an important methodological point in his article “Call it colonialism, call it occupation – just don't call it 'apartheid,'” which I address here. Unfortunately, in making this point he takes us through a confusing journey that obscures the issues at stake instead of clarifying them. Take for example his notion that Fascism was a term used to refer to a specific regime in Italy from 1922 to 1945, and similar European regimes in…

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  • Netanyahu's 'gift' of Palestinian statehood

    Statements by Israel's prime minister give insight into the -- problematic -- way he views peace talks with the Palestinians. And Naftali Bennett's emptiest threat yet. Israeli Prime Minister Benjamin Netanyahu on Sunday reiterated one of the most problematic views that he and his government hold -- that any future Palestinian state, if there ever is one, will be a painful, albeit generous gift from him to the Palestinian people. Responding to Palestinian President Mahmoud Abbas’s intent to accede to 15 international treaties and conventions, Netanyahu said at the start of the weekly cabinet meeting: “[The Palestinians] will achieve a…

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