Can anyone post a link to a post condemning Hamas for rejecting a two month ceasefire and release of the hostages by any of the international law “ceasefire now” crowd?
It might simply be the algorithm but right now am hearing crickets..🦗
@Alonso_GD
@MarkKersten
@AdHaque110
Two points immediately arising from the
@CIJ_ICJ
decision on provisional measures:
1. Court does *not* order immediate suspension of hostilities requested by SA
2. Court frames dispute in terms of the context of 7 October 2023, i.e. on Israel’s terms, not SA’s
I understand that there are people justifying Hamas’s crimes, because they’re moral sickos, but I can’t fathom that there are so many people in total denial that they happened at all.
Does anyone still maintain that Israeli tactics constraining incursions of the Gaza fence during the “Great March of Return” in 2018 were disproportionate?
Genocide prevention is not a war crime
The proportionality principle prohibits attacks causing harm to civilians or civilian objects excessive in relation to concrete military advantage.
Israel is not prohibited from attacks furthering the removal of Hamas to prevent genocide.
B'Tselem: Revenge policy in motion; Israel committing war crimes in Gaza
On Saturday, hundreds of Palestinian militants entered Israel from the Gaza Strip, killing hundreds of civilians, soldiers and police officers, burning down homes and kidnapping more than 100 people. >
“Nobody will stop us – not The Hague, not the axis of evil and not anybody else."
❌This is not what international law abiding states say.
❌This is not what human rights abiding leaders say.
❌This is not what those working for a democratic rules based order say.
At this stage, the law is on South Africa's side.
Its team made the necessary legal arguments, quite effectively.
But they also made a powerful moral appeal to the Court to follow the rules laid down in its prior cases, without fear or favor.
As did Ukraine, two years ago:
In what universe is shakshouka an Israeli dish? It's from the mid-16th century Maghreb -- Tunisia, in its modern spicy form with eggs. The name itself comes from Amazigh (shakshak -- "mixed up"), the language of a North African people.
The naïveté belied by this post is staggering.
Hamas is genocidally committed to the destruction of Israel and the slaughter of Jews.
There is no suggestion that any one of these steps would have made a scintilla of difference to its decision to perpetrate the massacre of Jews
There'd likely be no genocide case at the
#ICJ
had:
☑️The illegal blockade been lifted
☑️All war crimes been prosecuted
☑️Apartheid been investigated
☑️Int'l courts not been threatened by 🇮🇱& its allies
☑️Illegal settlements been dismantled
The case reflects a failure to do👆
@benmrowe
@mrjamesob
“May flights of angels sing thee to thy rest” is also from John Taverner’s “Song for Athene” (1997) - and was sung at Princess Diana’s funeral as the cortège left the Abbey.
I publicly confirm:
- I will be following No Returns.
- I will never join a Public Defender Service.
- I fully support and believe in
@TheCriminalBar
- I fully support a united campaign, working with all arms of the legal profession.
Must read from
@ShMMor
on the golden thread connecting the Israeli-Palestinian conflicts of 1948, 1967, 2000, and 2023.
The path from spring 2021 to the autumn of 2023 is set out in the screenshots below.
My new essay in
@mosaicmag
"Ecstasy and Amnesia in the Gaza Strip" takes a look at the three very different wars that have shaped the Palestinian predicament, just as it seems we are embarking on a fourth.
Since 1 Jan, when the UK disconnected from the EU database of foreign criminals (SIS II), reports indicate that one person has been arrested for surrender to the EU.
The police cannot arrest criminals who they do not know are in the UK.
Brexit is making the UK less safe.
Hizbullah-Affiliated Lebanese Researcher Habib Fayyad: There Are No Civilians in Israel; I’m Not Saying that Every Israeli 5-Year-Old Should Be Killed - They Can Be Taken and Placed in a Kindergarten
#hamas
#Lebanon
#Hizbullah
Our aggregation of news reports since 7 Oct suggests that hospitals in Gaza are subjected to a repeated pattern of intimidation, direct targeting, siege, and occupation by the Israeli military:
Extraordinarily disingenuous to frame the
@CIJ_ICJ
as ordering an immediate ceasefire by omitting the chapeau to the measure in para 86(1) - which states that the prohibited acts are those “within the scope of Article II” of the Genocide Convention, ie requiring specific intent
To be clear...the
#ICJ
has effectively ordered an immediate ceasefire & for
#Israel
to halt military operations. The order: "The state of Israel shall ensure WITH IMMEDIATE EFFECT that its MILITARY does NOT commit any acts described in point 1. These are: a) Killing of members
@EliotHiggins
@EylonALevy
Eliot, there is a difference between giving a straight answer to a serious question asked in good faith, and declining to dignify an insinuation of bad faith with a direct response
While Israel destroying Gaza as a civil society, the Gazan people, Hamas has remained strong enough to thumb its nose at latest ceasefire proposals & continue fighting. Ineffectiveness against *Hamas* of continued Israel hostilities suggests another motive. Genocide, perhaps?
More than this, where are the calls for the Hamas genocidaires to surrender?
Where are the calls for immediate release of the hostages?
Might this not spare the bloodshed that is to come
I still have yet to see a single unequivocal public condemnation of the Hamas atrocities, including slaughter of more than 1000 civilians, beheading, torture, rape, and kidnapping, from Palestinian NGOs claiming to promote human rights. Pls send if you have.
@FranceskAlbs
@jsternweiner
Francesca, you’ve said that you regret saying that the “Jewish lobby” had “subjugated” the United States, yet you’ve now endorsed multiple claims that calling this out is weaponising antisemitism. Could you please at least be clear and unequivocal about your own stance?
“Australia’s position is clear — we do not recognize a so-called ‘State of Palestine’ and we do not recognize that there is such a State Party to the ICC’s Rome Statute.”
International law folks: can you think of another example when an ICC member state condemned prosecutor's investigation of a situation involving third-party state? Maybe some African examples?
Thank you to
@ejiltalk
for posting my response to
@hrw
’s definition of apartheid. In my post I show how
#HRW
’s definition lacks a basis in treaty or customary law, & argue that consideration of
#apartheid
South Africa’s practices aids the process of defining apartheid’s elements.
This interview is staggering. And a must read in order to witness the subsisting dialogue of the deaf between Israel and the international human rights community
The Times of Israel’s diplomatic correspondent
@Lazar_Berman
conducted a lengthy, mutually frustrating conversation with the
@amnesty
officials behind their ‘apartheid’ report. We’re publishing it in full
This statement reverses the burden of proof in a criminal trial (which always remains on the prosecution) by seeking to draw an analogy with a principle of IHL in violation of Article 22(2) of the Rome Statute.
Homes, schools, hospitals are protected.
"The burden of proving that their protective status is lost rests with those who aim the gun, the missile, or the rocket in question."
Same applies to indiscriminate rocket fire by Hamas.
@Alonso_GD
You are not framing the “right of return” in the manner in which it has been claimed by the PLO or, for that matter, UNRWA.
If it was as a matter of a claim for compensation and damages, this conflict would have been resolved decades ago.
@FranceskAlbs
Francesca, have you undertaken a thought experiment where Israel withdraws unilaterally? Does the PA survive? For how long? What does that mean for Israel? No violation of the law on the use of force arises from the Israeli presence in the West Bank; Israeli security demands it.
Does anyone else find it surprising how (relatively) little discussion there has been on
#ICLTwitter
about the Appeals Chamber litigation on attacks on cultural property in Ntaganda?
@sfardm
Michael, this is playing the (wo)man, not the ball. You know
@AnneHerzberg14
has written extensively on the substance. Can you please explain why racist rhetoric expressed by a UN mandate holder should be given a free pass when it relates to a group she is mandated to report on?
Le 'plus grand massacre antisémite de notre siècle'? Non, M.
@EmmanuelMacron
. Les victimes du 7/10 n'ont pas été tuées à cause de leur judaïsme, mais en réaction de l'oppression d'Israël. La France & la communauté int'le n'ont rien fait pour l'empêcher. Mes respects aux victimes.
Next week
@joshhkernn
will deliver a lunchtime seminar on 'Jurisdiction and non-States Parties of the International Criminal Court'. Join us on Tuesday 5th of November, 1pm
@IrishCentreHR
seminar room. All welcome!
@tomdannenbaum
@boyd_vandijk
If the ICC has jurisdiction, which is not certain, engagement of these provisions would depend on the order’s duration, even assuming it has been given in these terms.
What’s clear is that an act of extermination was committed on Saturday - Israel is entitled to respond.
@FranceskAlbs
Francesca, do you honestly believe that this phenomenon does not also exist - on campus and elsewhere - with respect to the silencing of pro-Israel voices? Why do you always choose only to highlight discrimination that goes one way?
It seems unfathomable that a supposed legal analysis of Israel and Gaza since 7 October in relation to genocide might only to refer to the Hamas massacres in passing but, thanks to
@MarkKersten
,
@shanedarcy_
, and “Justice” in Conflict, this is where the gaslighting has got to.
The
#ICC
is not the only Hague-based court with jurisdiction over Gaza.
@shanedarcy_
explores the relevance of the International Court of Justice to the situation, and its potential role in addressing a "spectre of genocide":
Happening now 🚨
@leilasadat1
opens with a powerful video from 2008 supporting the forging of an international convention for the suppression of crimes against humanity.
@JMPSimor
@SPENCE_JOHN
Borders are a specifically reserved issue for final status negotiations under the Oslo Accords, agreed to by both the Israeli and the Palestinian side. Neither Israel, nor any future Palestinian State, have internationally defined borders.
These people are an existential threat to Israel and - by extension - to Jews worldwide.
They must be opposed and stopped by all those who care for Israel and Israelis, as well as Palestine and Palestinians
BREAKING: Within the first hour the "Return to
#Gaza
Conference" - attended by
#Israeli
Cabinet Ministers and Members of Parliament - presents a plan for the re-establishment of 15 Israeli settlements and the addition of 6 new ones, on where recently destroyed
#Palestinian
Mock Admissibility Hearing on Open Source Evidence (Feb 19th). Presiding judge:
@JudgeKorner
Testing our methodology developed with
@Bellingcat
to increase legal weight of open source information in criminal proceedings w/
@Swansea_Law
Register now:
It’s fascinating to see precisely who is advocating for Hamas to remain as the effective authority in Gaza, and to leave Israelis vulnerable to a repeat of 7 October
Activists seeking to rewrite the law of armed conflict in real time is not a new phenomenon.
Structurally this is now a challenge for States and their militaries, on the one hand, and certain academics, NGOs, and the international organisations they have captured, on the other.
@OriPomson
@Alonso_GD
Yes, the accusation of hindsight is the standard apologist trope. The scale however of the civilian calamity anticipatable in this instance was absolutely obvious and anticipatable in advance.
Interesting to compare Amb. Scheffer's words at the
#ICC
Appeals Chamber hearings in
#Afghanistan
in December 2019 with his statements at the Rome Conference on 9 and 17 July 1998 (the latter confirming reasons for US rejection of the Rome Statute).
1/5
The
@metpoliceuk
investigation of
#PMSC
Keenie Meenie Services' (KMS) conduct in Sri Lanka between 1984 - 1987 is a potentially significant moment in the development of UK policy on universal jurisdiction & business and human rights.
This is a quick, concise rebuttal of
@btselem
’s
#apartheid
allegation. Yet it only scratches the surface of flaws with
#Btselem
’s report and methodology. These go further than highlighted by
@EVKontorovich
here, and to the substance of the elements of the crime itself.
Eli Gabay, of the
#Demjanjuk
prosecution team, compares his trial’s courtroom layout with
#Eichmann
’s - setting the “stage” for the international war crimes trials to come in the 90s, and since.
Thanks to the
@wienerlibrary
for a fascinating evening.
Fascinating to hear
@DanPlesch
’s unique insights into Churchill and Atlee’s contributions to the
#UNWCC
@9bedfordrow
this evening, including with respect to the genesis of “positive complementarity” and early State practice on the elements of
#CAH
.
Time and again, close analysis of citation practice reveals sloppiness in NGO and media reporting of allegations of war crimes.
This is especially true, although not exclusively so, with respect to reporting on Israel.
🧵Claimed words by IDF spokesman Hagari: “The emphasis is on damage and not on accuracy” have been falsely quoted worldwide as proof that Israel bombs Gaza indiscriminately, part of a campaign to claim genocidal intent. HonestReporting investigated; read for detail: 1/
While I process my disappointment over the lack of a ceasefire order, I want to once again commend the South African team.
In their words:
"South Africa is here before this Court, in the Peace Palace. It has done what it could."
The legal wing of humanity, one might say.
Thank you
@dovjacobs
for travelling from Narnia to London to share your thoughts on the Jordan Decision in the ‘real world’
@9bedfordrow
last night. Fascinating talk and - this time at least - a great Q&A!
Chambers is now recruiting for the 2023 pupillage round. If you have a background in ICL and are interested in applying, my DMs are open to answer any questions you might have! 🙏
@KreaseChan
@JakeWSimons
Kristyan, the Rome Statute - on which you rely - requires proof of an “institutionalised regime” of domination and oppression. It is not wrong to refer to an “apartheid state” in this context, where the elements specifically entail examination of a “regime”. You knew that, right?
Another day, another example of extraordinary editorial practice
@opiniojuris
.
The editors claim to vet all posts carefully, yet here is one which fails to reference, still less engage with, the
@IDF
’s response to the Lavender story:
We've published a Communication — submitted to the
#OTP
yesterday — on the exercise of
#ICC
jurisdiction over nationals of non-States Parties. It picks up an argument we made last year () & develops it in light of recent
#ICC
jurisprudence on jurisdiction.
Thought-provoking post, and a fascinating synergy of personal insights, from Richard Goldstone, Dan Plesch (
@DanPlesch
), and Phil Clark (
@philclark79
) on the continuing relevance of lessons learned from the
#UNWCC
.
The precautionary principle requires Israel to take feasible precautions during military operations to spare civilians and civilian objects.
@btselem
fails to substantiate its claim that Israel has not provided effective warnings to the civilian population of Gaza.
Another essay on alleged Israeli apartheid and genocide that fails to mention, let alone engage with, Israel’s security dilemma
@VictorKattan
@GerhardKempICL
Although there is no legal obligation to suspend conferred by Article 2 in these circumstances.
This type of distortion of international legal obligations by proclaimed UN “experts” undermines the rule of international law - and the UN itself.
The
#EU
is Israel's largest trading partner, accounting for 30% of its trade in goods. The EU-ISR economic agreement stipulates 'respect for human rights' (art 2).
The
#ICJ
's recognition of the risk of Genocide obliges the EU to suspend the agreement.
Thank you to all
@IrishCentreHR
and
@JiaWangINT
for your hospitality and kindness in Galway. It was a privilege to visit the Centre yesterday and discuss such timely matters with you and the students, and an honour to be invited. My remarks are available below:
On 5 November, Josh Kern (
@joshhkernn
) led a seminar on "Jurisdiction and non-States Parties of the International Criminal Court" at the Irish Centre for Human Rights (
@IrishCentreHR
) in Galway. Josh's remarks are available here.
The
@KRTribunal
’s decisions on JCE 3, on which
@mgkarnavas
fought so hard for so long when acting for Ieng Sary, may ultimately be one of the
#ECCC
’s most enduring contributions to
#ICL
jurisprudence.
Interesting thoughts from
@mgkarnavas
on JCE at the Kosovo tribunal. Obviously agree with the fact that the legal basis for using it is still as shaky today as it was 30 years ago!
@kevinjonheller
Sort of like the time when Opinio Juris created an *entire symposium* designed to mislead people that there is only one point of view through which to frame the ICC’s actions in Israel and Palestine.
In this post at
@just_security
,
@yousufsyedkhan
fails properly to engage with the imperative military necessity to clear to a combat zone in Gaza, and he glosses
@Schmitt_ILaw
’s assessment of the legitimacy of Israel’s instruction to civilians to evacuate northern Gaza.
Important comment from two eminent historians -
@simon_schama
&
@simonmontefiore
(embedded) - not least considering the UN material the
@CIJ_ICJ
is expected to rely on when considering whether to deliver its opinion on Israel/Palestine in 2024
See here -
yes, grotesquely selective; as well as absence of Arab states invasion in 48, also omits Jewish acceptance, Arab rejection of Peel proposal; ditto rejections of 2 states in 2000 by Arafat and 2008 (with Palestine capital in E Jerusalem, agreed borders etc) by Abbas - and much
@kevinjonheller
@AnneHerzberg14
Our argument is the report appears to be intended to provide PR cover for the requests. It is good to know that it not relied on before the PTC. This supports our argument
I would request that you refrain from any more professional discourtesy. These are appropriate questions.
This is an inaccurate appeal to the rule of law, and it is wrong on the law itself.
Israel has no obligation to share information with the ICC as it is not a State Party to the Rome Statute.
Agreed .
@SeanMac_R
& the
#RuleOfLaw
requires Israel to provide all the evidence it holds to the .
@IntlCrimCourt
& for prosecutors to make charging decisions without delay - this is urgent; inaction by .
@KarimKhanQC
is bringing the
#ICC
into serous disrepute.
@edokonrad
@972mag
Dear Edo, querying whether it is correct that the family sold a share of this property privately, and what we are seeing here is the enforcement of (private) property rights?
15 May 1948 is a momentous day for Jews and Palestinians alike.
In this photo, my father stands on the right with his unit of “sayerim” from the 31st Battalion, Alexandroni. The photo is at Rosh Ha’ayin, scene of a bloody engagement between Iraqi forces and the IDF in June ‘48.
E. Jerusalem is not “Palestinian territory according to int’l law.”
Jerusalem’s status is indeterminate pending a negotiated settlement b/w
#Israel
and the
#PLO
.
This was mutually agreed by the parties at Oslo.
Zero sum statements preclude negotiations necessary for peace
Look towards
#Jerusalem
if you want to understand the whole picture. East Jerusalem is Palestinian territory according to int'l law, unlawfully annexed by Israel, colonised and its population, also Christian, subjected to forcible transfer and ethnic cleansing. Since decades. 👇
@AdHaque110
Am sure you’ve got these already, but just in case...
The Liberty to Spy by
@AsafLubin
(here )
&
The Nature of the Rome Statute and the Place of International Law before the International Criminal Court by
@tdesouzadias
(here )
For the record,
@joshhkernn
and
@AnneHerzberg14
misrepresent my involvement in the Palestine investigation. As Special Adviser on War Crimes, I was involved in the Office's in-house evidence review; I had no role in and was not part of the Panel's review or deliberations.
I have voted option 2B in the new
@TheCriminalBar
ballot. I have voted to withdraw my labour on publicly funded defence cases.
We have taken action in a considered, moderate, and graded fashion.
Raab won’t even take a meeting.
No more.
#ifnotnowwhen
?
I have voted option 2B in the new
@TheCriminalBar
ballot. I have voted to withdraw my labour on publicly funded defence cases.
We have taken action in a considered, moderate, and graded fashion.
Raab won’t even take a meeting.
No more.
#ifnotnowwhen
?
John Quigley: “[Ukraine] could say that it considers Crimea to be part of its territory, but that it will not contest Russia’s claim.”
• Acquisition of territory by use of force? ✅
• Irredentist claims? ✅
• Double standards? ✅
For future reference:
Jurisdictional and admissibility hurdles aside, this is one of numerous reports since 7/10 demonstrating the OTP’s prudence in pausing before proceeding to apply for warrants in the Palestine investigation
After more than 24 hours of letting the story run freely, Qatari mouthpiece Al Jazeera deleted the page featuring their former story, which accused Israeli soldiers of allegedly perpetrating rape against Gazan women.
@MOhadIsrael
reports:
Yes, because all the NGOs who have so rigorously demonstrated their impartiality and concern for universal human rights since 7 October would undoubtedly use their status before the Court and ASP to ensure the proceedings are not instrumentalised.
@kevinjonheller
Disclosure that the report was not submitted to the Chamber has been made public by you this morning, on Twitter, as a result of our post.
If this had been known at the time the post was written, it would have been a misrepresentation. It wasn’t.
Kindly retract and refrain.