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- michelleg30: Transitional Justice as an Alternative to Prosecution in the Israel–Palestine Conflict I. Introduction War is not “pareto optimal.”1 According to the “bargaining theory of war,” a sustainable peace agreement is more beneficial to both sides than continued conflict.2 Transitional justice, the “processes and mechanisms associated with a society’s attempt to come to terms with a legacy of... (more)
- huangz2024: The Matter of Statehood on the Palestine Issue I. Introduction In 2021, the Pre-Trial Chamber (PTC) of the International Criminal Court (ICC) received a request from the Prosecutor related to territorial jurisdiction over Palestine and issued its response and decision to the request. The main conclusion of the decision was to extend the jurisdiction to “the territories occupied by Israel since 1967, namely Gaza and the West Bank,... (more)
- Katharina Schapfeld: Preventing Genocide: What Are the Duties of State Parties Under the Convention on the Prevention and Punishment of the Crime of Genocide and How Could They Be Fulfilled in the Current Situation? I. Introduction “There can be no more important issue, no more binding obligation, than the prevention of genocide.”1 The year 2023 doesn’t only mark the 75th anniversary of the... (more)
- freyaschmidt: How Can Israel Ensure Proportionality in its Response to Hamas’ Attacks? I. Introduction With Hamas’ attack on Israel on October 7, 2023, the situation that has been smoldering for decades has entered the next round. It is accompanied by countless legal questions that revolve around the legal classification of Palestine and thus the admissibility of the International Criminal Court (ICC) and the role of international (... (more)
- Jordan Murphy: The Claim of Genocide Filed Against Israel: The Elements of a Genocide Charge and its Application to the Situation in Palestine Speaking on the claim of genocide filed against Israel at the International Criminal Court (ICC) in November 2023, Palestine representative Gilles Devers asserted that the requisite criteria having been established in Gaza is not an opinion but “a reality of law.”1 Such a claim is a strong one: only two cases have... (more)
- AA375: The Israel/Hamas Situation Through the Lens of the ICC Introduction The International Criminal Court (ICC) was established to investigate, prosecute, and try individuals for the most serious crimes, namely the crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.1 The ICC has a responsibility to tackle situations of high gravity affecting the interests of the international community... (more)
- Pilgrim: Palestinian Statehood Under the Montevideo Convention: An Unconventional Approach I. Introduction For the International Criminal Court (ICC) to have jurisdiction over the situation in Gaza and Israel after the Hamas terror attacks of October 7, 2023, Palestine must be a State.1 The Montevideo Convention on the Rights and Duties of States (Montevideo Convention) provides a four-element test for Statehood.2 To be a State under... (more)
- Kellan Grant: I. Introduction On October 7, 2023, a widespread surprise attack on Israel was launched by Hamas leaders, commanders, and militants in which they invaded Israeli towns from the Gaza Strip. Since then, an ongoing conflict between Israel and Hamas has ensued. Devastatingly, many civilians in both Israel and the Palestine area have lost their lives as a result. Since October 7, 2023, there have been numerous assertions made that various crimes are being,... (more)
- Joan Komolafe: What is the Threshold of the Right to Defend Oneself? An Analysis of the Current Israeli–Palestine Conflict, Under the Legal Definitions of the Rome Statute I. Abstract Few hostilities have consumed the international psyche and caused as much polarization as the Israel and Palestine conflict. In particular, the intensification of violence between Israel and Gaza in October of 2023 has caused a global re-examination of... (more)
- MelissaHernandez: The October 7th attacks launched what appears to be one of the worst humanitarian crises in the last decades. With more than 1,200 deaths in Israel, mostly civilians, killed in a single day, and about 240 hostages, this day is being characterized as “the deadliest day for Jews since the holocaust.”1 On the other hand, the Hamas attack triggered an Israeli response that has resulted in more than 11,000 deaths in Gaza, which would surpass the total number of... (more)
- msperling: Palestine at the International Criminal Court: Overzealous Jurisdiction Preventing Peacemaking Introduction On October 7, 2023, fighters affiliated with the Hamas government of the Gaza Strip attacked Israel, raping, torturing, and kidnapping Israeli men, women, and children. Around 1200 people, a vast majority of whom were civilians, were killed, and 240 were taken hostage. More than 130 of the hostages are still in captivity or have since been... (more)
Israel and Hamas issue
I Think that there is a question whether Hamas in fact did commission the attacks as a whole remains unanswered. And whether Israel in fact did commission their attacks is answered in full as a whole...U.S. Sanctions issue
I think the foundation of law and the principles of fundamental justice allows on an independent complaint from any state party, is sufficient to provide jurisdiction where American laws are of no...responsibility issue
The right to refuse any command or order has been well established since the times of the Roman act none statute. Furthermore, even if the right to kill does exist, that right is limited to self...anniversary issue
To create an independent middle that can negotiate for victims, I believe those resource as the national security state parties are aware requires the national security counsel for state parties to...performance issue
I don't know what to think about court assessment. I do know that Rome was visited and replied to every visitor till they admitted where they Rome at except Italy or the city state. This was a...withdrawal issue
The African state unions have taken the liberty of establishing rules that govern society. Their leadership as people in establishing the justice international is entrenched. The ability of the...arrest issue
Issuing the warrant by direct indictment to the state of residence for endorsement of their superior court(province). Including issuing habious corpus results(flight risk? Or constant offender?)withdrawal issue
I think the jurisdiction of the court is and remains available. The thought a judiciary exists globally where non member states cannot use the jurisdiction of the icc goes against the intent the...africa issue
The situations on Africa are caused by learned behavioral issues and cycles of learned abusive patterns of authority, jurisdiction, and the rights of the civilian individual, in specific woman/...Politics Lecture issue
Prosecution is not a political issue. the consequence of prosecution findings are absolute. to allow the arm of the court organ to engage in politics where a general assembly of authority and...oversight issue
Article 112 provides the assembly with responsibility and duties for the operation of the Court- including enforcement procedures, The oversight role did not include the Court as responsible for...Efficiency issue
An efficient Court Operation, 1. is for the purpose too attain the ends of Justice, and 2. where Jurisdiction is not possessed, as Limited de facto, or as Limited without an agreement, has in...Mass Rape issue
The primary issue of the Courts jurisdiction relates indirectly with a court martial process. The primary issue at Bar before the Law Courts International, is readiness. Although Prosecutors and...Victims Lecture issue
Assuming that a Court exists for alleged War crimes and Judicially real- Victims [MUST] exist. For victims to exist there [must] be a degree of participation. Victims do not have rights, victims...gaza issue
A prosecutor only has authority as granted by the state party Under Charter. The courts duty is to insure that for want of jurisdiction the prosecutor is limited, or Barred from exercising that...