Palestine
192 Articles

Expert Explainer: The US for the first time submits a formal brief to the International Criminal Court on the ‘Situation in Palestine’
A Q&A with Todd Buchwald, former U.S. Ambassador for Global Criminal Justice at the U.S. Department of State.

The Just Security Podcast: Assessing the Recent Response of International Law and Institutions in Palestine and Israel
What have international institutions chosen to condemn as violations of community norms, and what conduct has been silenced or omitted?

The State Department’s Wrong Decision to Exempt IDF Unit from Leahy Law Ineligibility
Former State Department official critically analyzes State Department's decision to drop Netzah Yehuda unit from Leahy Law sanctions.

Justice for Trans-border Torture Requires Rethinking the International Criminal Court’s Jurisdiction in the Israel-Palestine Conflict
Recognizing the transnational nature of these alleged crimes, the ICC could potentially bridge the artificial divide between Gaza and Israel.

Toward an International Register of Damage for the Occupation of Palestinian Territory
The International Court of Justice’s Advisory Opinion on the Legal Consequences of the Policies and Practices of Israel in the Occupied Palestinian Territory, finding Israel’s…

International Court of Justice’s Call on All States to End Israel’s Occupation and Find a Path to Peace
President of the Open Society Foundations, Binaifer Nowrojee, discusses implications of ICJ ruling on Israeli occupation of Palestinian territory.

A Synopsis of ICJ Finding Israel’s Occupation of Palestinian Territory in Violation of International Law
Israel must end its occupation of Palestinian territory, the International Court of Justice said in an advisory opinion.

Sweeping ICC Sanctions Bill Would Harm Victims, U.S. Interests
After months of warnings, the International Criminal Court (ICC) prosecutor announced on May 20 that he was seeking arrest warrants against top Israeli officials and Hamas commanders…

We Charge Genocide: Redux
What we can name and render cognizable and what we must un-remember and forcefully forget is deeply connected to the numerous atrocities embedded in the international order.

The International Criminal Court’s Jurisdiction in Palestine and the ‘Oslo Accords Issue’
Under the Rome Statute, the Court has and may exercise jurisdiction over any adult person accused of committing war crimes or crimes against humanity on the territory of a State…

ICC Arrest Warrant Requests in the Palestine Situation and Complementarity Anxieties: Why a new notification to Israel beforehand was not needed
(Editor’s Note: This article is part of our new symposium on the ICC and the Israel-Hamas war.) The Prosecutor of the International Criminal Court (ICC) Karim Khan’s recent…

The Prosecutor’s Circumvention of Article 18 Complementarity? A Flaw in the ICC’s Palestine Investigation
"Bypassing Article 18 complementarity might jeopardize the legitimacy of the legal process undertaken by the Court in the eyes of certain constituencies"