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Just Security

Palestine and the ICC: Law and Rhetoric

UN Secretary General Ban Ki Moon has said that Palestine will join the International Criminal Court in April.  Yet it is not the Secretary General’s decision to make. …
Just Security

Palestine and the ICC — Some Legal Questions

There has already been a great deal of political commentary about the Palestinian decision to join the International Criminal Court. What about the legal issues? Statehood The…
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ICC Analysis on the Flotilla Incident–Fair & Balanced?

The ICC Prosecutor has now posted her full report and statement on the closure of the “Freedom Flotilla” preliminary examination (see our prior coverage here). It contains…
Just Security

Breaking News: ICC Prosecutors Decline to Investigate “Freedom Flotilla” Incident

It is being reported (by Reuters, the Jerusalem Post, and others) that the International Criminal Court’s Office of the Prosecutor has closed its preliminary examination into…
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UN Human Rights Committee Offers Concluding Observations on Israel

As Ruchi Parekh highlighted earlier this month on Just Security, the United Nations Human Rights Committee has been considering both the fourth periodic report of Israel and the…
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Israel before UN Human Rights Committee this month

On Monday, I offered a preview of issues that the UN Human Rights Committee is likely to raise with Sri Lanka on its compliance with the International Covenant on Civil and Political…
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New Development in Palestinian bid to Join International Criminal Court

Reports this week indicate that the Hamas leadership has signed a pledge to support any move by the Palestinian Authority to become a state party to the International Criminal…
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The Weapons Piece of the Proportionality Analysis in Gaza

Significant commentary (here and here) continues to be generated about proportionality and the legality of the use of force, including addressing the jus ad bellum (justification…
Just Security

The ICRC’s Position on Human Shields (and Gaza)—A Reply to Professor Adil Haque

I agree with Professor Adil Haque’s description of the ICRC’s bifurcated position on voluntary human shields. I have accordingly added a note in my original post which now…
Just Security

Letter to the Editor: Human Shields in the DPH Guidance

[Editor’s Note: Ryan Goodman responds to Professor Haque’s letter to the editor in a subsequent post.] In his recent post, Ryan Goodman writes that the ICRC adopts the view…
Just Security

Resource: The Israeli Government’s Legal Position on Who is a “Combatant” in the Gaza Conflict [Updated]

There has been a lot of loose talk in the media and by some commentators about the government of Israel’s official position on the definition of who is a lawful target in Gaza.…
Just Security

Who does the New York Times think is a combatant in Gaza?

There is a strange quality to today’s story by the New York Times on the civilian casualty rate in Gaza (“Civilian or Not? New Fight in Tallying the Dead from the Gaza Conflict”).…
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