Palestine and the International Criminal Court

Palestine and the International Criminal Court
Author: Seada Hussein Adem
Publisher: Springer
Total Pages: 239
Release: 2019-04-05
Genre: Law
ISBN: 9462652910
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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

International Law and the Israeli-Palestinian Conflict

International Law and the Israeli-Palestinian Conflict
Author: Susan M. Akram
Publisher: Routledge
Total Pages: 543
Release: 2010-12-23
Genre: History
ISBN: 113685097X
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The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.

Prolonged Occupation and International Law

Prolonged Occupation and International Law
Author: Nada Kiswanson
Publisher: Martinus Nijhoff Publishers
Total Pages: 430
Release: 2023
Genre: Law
ISBN: 9004503935
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This volume arose from a desire to advance academic discourse and reflection on the broader subject of prolonged occupation, in light of the permanent character, and resulting implications of, the 55 year Israeli administration of the Palestinian Territories. The roots of the volume lie in a 2018 academic conference on "The Threshold from Occupation to Annexation". The present volume moves that discussion forward, updating and widening the range of topics addressed. The result is a collection of thought-provoking contributions by a wide range of scholars on the challenging and critical issue of prolonged occupation and international law, ranging from colonialism, apartheid, the illegality of occupation and potential international criminal liability. "This volume reminds us forcefully that international law is alive and vibrant and can, with imagination and in concert with social movements, move us forward in the struggle for justice in Palestine, and elsewhere. It is a signal achievement." George Bisharat, The Honorable Raymond L. Sullivan Professor of Law, University of California Hastings College of the Law. "Into today's "deepening environment of political inertia" (co-editor Nada Kiswanson) comes this searing collection of essays examining international legal frameworks and legal responsibilities closely and tangibly informed by the painful realities of Palestinian life under prolonged Israeli occupation. The editors, authors, convenors and everyone else involved are to be congratulated on producing a volume that will surely become a seminal resource for anyone serious about studying what Palestine has to teach us about international law." Lynn Welchman, Professor, School of Law, SOAS University of London. "Scholarly and comprehensive, this impressive collection of essays by renowned experts...offers a tour d'horizon of the fundamental legal issues raised by Israel's prolonged occupation of Palestine as well as potential remedies that can confront the illegalities." William A. Schabas, Professor of International Law, School of Law, Middlesex University.

Transitional Justice and Development

Transitional Justice and Development
Author: Pablo De Greiff
Publisher:
Total Pages: 0
Release: 2009
Genre: Developing countries
ISBN: 9780979077296
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As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.

Refugee Repatriation

Refugee Repatriation
Author: Megan Bradley
Publisher: Cambridge University Press
Total Pages: 307
Release: 2013-03-21
Genre: Political Science
ISBN: 1107311144
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Voluntary repatriation is now the predominant solution to refugee crises, yet the responsibilities states of origin bear towards their repatriating citizens are under-examined. Through a combination of legal and moral analysis, and case studies of the troubled repatriation movements to Guatemala, Bosnia and Mozambique, Megan Bradley develops and refines an original account of the minimum conditions of a 'just return' process. The goal of a just return process must be to recast a new relationship of rights and duties between the state and its returning citizens, and the conditions of just return match the core duties states should provide for all their citizens: equal, effective protection for security and basic human rights, including accountability for violations of these rights. This volume evaluates the ways in which different forms of redress such as restitution and compensation may help enable just returns, and traces the emergence and evolution of international norms on redress for refugees.

Rethinking Statehood in Palestine

Rethinking Statehood in Palestine
Author: Leila H. Farsakh
Publisher: Univ of California Press
Total Pages: 329
Release: 2021-10-26
Genre: History
ISBN: 0520385632
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A free open access ebook is available upon publication. Learn more at www.luminosoa.org. The quest for an inclusive and independent state has been at the center of the Palestinian national struggle for a very long time. This book critically explores the meaning of Palestinian statehood and the challenges that face alternative models to it. Giving prominence to a young set of diverse Palestinian scholars, this groundbreaking book shows how notions of citizenship, sovereignty, and nationhood are being rethought within the broader context of decolonization. Bringing forth critical and multifaceted engagements with what modern Palestinian self-determination entails, Rethinking Statehood sets the terms of debate for the future of Palestine beyond partition.

Transitional Justice for Israel/Palestine

Transitional Justice for Israel/Palestine
Author: Jeremie Bracka
Publisher: Springer Nature
Total Pages: 398
Release: 2022-01-01
Genre: Social Science
ISBN: 3030894355
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This book applies the dynamic field of transitional justice to conflict resolution in Israel/Palestine. Around the globe, diverse societies have pursued truth-telling, restorative justice and reconciliation to end conflict -- yet the language of transitional justice has been all but absent in Israel/Palestine. This volume squarely addresses how transitional justice could contribute to conflict transformation and accountability, incorporating the questions of collective justice, memory, and human rights. It covers the most important historical and legal issues facing Israel/Palestine with a focus on civil societies in South Africa, Northern Ireland and Latin America. Ultimately, the book proposes an unofficial Israeli-Palestinian Truth and Empathy Commission (IPTEC) to address gross human rights abuses committed by both nations. Transitional Justice for Israel/Palestine will be of interest to researchers, NGOs, and policy makers working in transitional justice and societies with ongoing conflict.

Forced Migration, Reconciliation, and Justice

Forced Migration, Reconciliation, and Justice
Author: Megan Bradley
Publisher: McGill-Queen's Press - MQUP
Total Pages: 447
Release: 2015-06-01
Genre: Social Science
ISBN: 0773582851
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At the start of 2014, more people were displaced globally by conflict and human rights violations than at any time since the Second World War. Although many of those displaced, from countries such as Syria, Iraq, Colombia, Kenya, and Sudan, have survived grave human rights abuses that demand redress, the links between forced migration, justice, and reconciliation have historically received little attention. This collection addresses the roles of various actors including governments, UN agencies, NGOs, and displaced persons themselves, raising complex questions about accountability for past injustices and how to support reconciliation in communities shaped by exile. Forced Migration, Reconciliation, and Justice draws on a variety of disciplinary perspectives including political science, law, anthropology, and social work. The chapters range from case studies in countries such as Bosnia, Cambodia, Lebanon, Turkey, East Timor, Kenya, and Canada, to macro-level analyses of trends, interconnections, and theoretical dilemmas. Furthermore, the authors explore the contribution of trials and truth commissions, as well as the role of religious practices, oral history, theatre, and social interactions in addressing justice and reconciliation issues in affected communities. In doing so, they provide fresh insight into emerging debates at the centre of forced migration and transitional justice. Exploring critical issues in political science and development studies, this provocative collaboration unites leading researchers, policymakers, human rights advocates, and aid workers to examine the theoretical and practical relationships between displacement, transitional justice, and reconciliation. Contributors include Ian B. Anderson (Department of Foreign Affairs, Trade and Development Canada), John Bell (Toledo International Center for Peace), Chaloka Beyani (London School of Economics), Mateja Celestina (Coventry University), Ayse Betül Çelik (Sabanci University), Mick Dumper (Exeter University), Roger Duthie (International Center for Transitional Justice), Huma Haider (University of Birmingham), Nancy Maroun (United Nations Development Programme Office in Lebanon), James Milner (Carleton University), Mike Molloy (University of Ottawa), Paige Morrow (Frank Bold), Lisa Ndejuru (Concordia University), Thien-Huong T. Ninh (California State University, Dominguez Hills), Anneke Smit (University of Windsor), Roberto Vidal López (Pontifica Universidad), Luiz Vieira (formerly with IOM), Nicole Waintraub (University of Ottawa), Jennifer Winstanley (lawyer).

Transitional Justice and Displacement

Transitional Justice and Displacement
Author: Roger Duthie
Publisher:
Total Pages: 0
Release: 2012
Genre: Forced migration
ISBN: 9780911400014
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Transitional justice is often pursued in contexts where people have been forced from their homes by human rights violations and have suffered additional abuses while displaced. Little attention has been paid, however, to how transitional justice measures can respond to the injustices of displacement. Transitional Justice and Displacement is the result of a collaborative research project of the International Center for Transitional Justice and the Brookings-LSE Project on Internal Displacement. It examines the capacity of transitional justice measures to address displacement, engage the justice claims of displaced persons, and support durable solutions, and analyzes the links between transitional justice and the interventions of humanitarian, development, and peacebuilding actors. The book makes a compelling case for ensuring that justice measures address displacement and that responses to displacement incorporate transitional justice.