Palestine And The International Criminal Court
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Palestine And The International Criminal Court
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Author : Seada Hussein Adem
language : en
Publisher: Springer
Release Date : 2019-04-05
Palestine And The International Criminal Court written by Seada Hussein Adem and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-05 with Law categories.
This book deals with the possible investigation and prosecution by the International Criminal Court (ICC) of crimes allegedly committed in the Israeli-Palestinian conflict. In light of the Rome Statute and the Practice of the Office of the Prosecutor of the Court, among others, it examines the route, possible outcomes, and challenges that may arise were the Palestine situation to be brought before the ICC. The subject matter is approached using the route the Prosecutor of the Court would generally employ to deal with situations. The publication offers a step-by-step procedure by which to conduct the preliminary examination and investigation of the situation in Palestine and deals with matters of jurisdiction, followed by a discussion of the fundamental concepts of complementarity and gravity to determine the admissibility before the ICC. Alleged crimes particularly unique to the Israeli-Palestinian conflict, such as the construction of settlements, forced displacement, house demolitions, the expropriation of land, the crime of apartheid and the blockade of Gaza, are dealt with in light of the Rome Statute and international law. On the basis of the established theories of transitional justice, the possible impacts of an ICC investigation and prosecution on the conflict are analysed and a number of insights are shared with regard to the impacts of the ICC on combatting impunity, fostering Palestine’s statehood, peace negotiations and the stability of the region. Due to the politicisation of the conflict and the various interests at stake, the impact of the ICC’s involvement on the credibility of the ICC itself is also reviewed. Recognizing the numerous impacts of the conflict on the existence of the two nations and the multitude of causes for its perpetuity, it does not limit itself to the ICC, but also provides other conflict resolution alternatives that could enable reconciliation and sustainable peace in the region. This book provides an array of opinions and a crucial input for researchers and practitioners alike, while it is also useful to those investigating and possibly involved in prosecutions regarding Palestine or other similar situations before the ICC. Seada Hussein Adem obtained a PhD from Humboldt University of Berlin, Germany, an LLM from the University of the Western Cape, South Africa, and an LLB from Haramaya University, Ethiopia./div
Is There A Court For Gaza
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Author : Chantal Meloni
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-03-16
Is There A Court For Gaza written by Chantal Meloni and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-16 with Law categories.
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
Disputed Territories And International Criminal Law
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Author : Simon McKenzie
language : en
Publisher: Routledge
Release Date : 2019-11-08
Disputed Territories And International Criminal Law written by Simon McKenzie and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-08 with Law categories.
It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute’s capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.
Paralysing International Criminal Justice
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Author : Farhad Malekian
language : en
Publisher: Nova Sciencepublishers Incorporated
Release Date : 2020
Paralysing International Criminal Justice written by Farhad Malekian and has been published by Nova Sciencepublishers Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
Even though the injustices occurring against the Palestinians are alarming, no government is assisting the victims. The gavel of lady justice has been stolen by the permanent members of the Security Council, and thus, no state has spoken out against the injustices. The judges and prosecutors of the international courts are threatened by the dialogues of the powerful authorities, and they even celebrate the mourning of the broken dreams of the innocent children. The Palestinian population has been subjected to genocide, annihilation, banishment, and terror at the hands of the grandchildren of those who themselves greatly suffered from the genocide in Europe -- and still this situation has been referred to as the deal of the century. For a long period of time, the territorial integrity, the traditional sovereignty, the spiritual capital, and the international legal personality of one of the oldest nations of the world have been suffering, arguably to feed the political laundering of other nations. Without any hesitation, the principles of dignity, justice, and equality allegedly upheld by the United Nations should be questioned given the inequity in voting and membership within the organisation. This book seeks bare justice and to tackle the grave violations of international criminal justice in Palestine and elucidate the fact that the notions of irresponsibility, non-accountability, and impunity are stronger than the corpus of the permanent International Criminal Court. The pillars of this book are addressed to every single individual of the universe who cares for the virtue of moral justice.
The Jurisdiction Of The International Criminal Court
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Author : Victor Tsilonis
language : en
Publisher: Springer Nature
Release Date : 2019-11-23
The Jurisdiction Of The International Criminal Court written by Victor Tsilonis and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-23 with Law categories.
The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 17§1 (a) Rome Statute) The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.
The Palestinian Authority S International Criminal Court Gambit
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Author : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on the Middle East and North Africa
language : en
Publisher:
Release Date : 2015
The Palestinian Authority S International Criminal Court Gambit written by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on the Middle East and North Africa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Israel categories.
Averting Palestinian Unilateralism
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Author : Dore Gold
language : en
Publisher: Jerusalem Ctr Public Affairs
Release Date : 2010
Averting Palestinian Unilateralism written by Dore Gold and has been published by Jerusalem Ctr Public Affairs this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Arab-Israeli conflict categories.
Is There A Court For Gaza
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Author :
language : en
Publisher: Springer
Release Date : 2012-03-21
Is There A Court For Gaza written by and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-21 with categories.
Judicial Oversight Over Article 12 3 Of The Icc Statute
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Author : CHAN James
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2013-01-24
Judicial Oversight Over Article 12 3 Of The Icc Statute written by CHAN James and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-24 with Law categories.
The Jurisdiction Of The International Criminal Court
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Author : Victor Tsilonis
language : en
Publisher: Springer Nature
Release Date :
The Jurisdiction Of The International Criminal Court written by Victor Tsilonis and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.