My paper, Israel/Palestine — The ICC’s Uncharted Territory, has just been published in the Journal of International Criminal Justice. It explains that the International Criminal Court does not have jurisdiction over the oft-threatened and much-discussed Palestinian referral of Israeli settlements, despite the General Assembly’s recognition of Palestine as a non-member state. In brief, the relevant […]
Tag Archives | International Criminal Court
International Law Imperialism vs. Proceduralism
By Eugene Kontorovich on October 29, 2013 4:46 pm in Global Governance/World Government, International Law
My op-ed on the African Union and the International Criminal Court at the Georgetown Journal of International Affairs (also a good takes at EJIL:Talk and Dov Jacobs): Let us distinguish between the broad currents in international legal thought – what I would call international law “proceduralists” versus “imperialists.” International law has traditionally been procedural–what counts […]
African States Not Quitting ICC, Just Undermining From Within
By Eugene Kontorovich on October 22, 2013 11:50 am in Global Governance/World Government, International Human Rights Law, International Law
[This is en excerpt from an op-ed/short essay I’ve written on the AU action, which is available for publication…] African Union leaders met in an extraordinary summit in Adas Ababa last week to discuss their strained relations with the International Criminal Court (ICC), as it begins trying its first sitting head of state, President Uhuru […]
The ICC Rules Libyan Case Inadmissible
The International Criminal Court today for the first time ruled a case inadmissible, and left the matter to domestic justice. Doubtless the anti-activist ruling has nothing to do with the confab of African countries today, called together by Kenya to discuss quitting the Court’s jurisdiction en masse in protest of the Court doing its job […]
International Criminal Court Jurisdiction Over Israeli Settlements
I have put up a new working paper on SSRN, entitled Jurisdiction Over Israeli Settlement Activity in the International Criminal Court. It is not about the legality of settlements. Rather, it is about whether repeated and growing threats by Palestine and its supporters to make an international case out of it are consistent with the […]
The ICC and the Territory of Palestine
The General Assembly’s recognition of Palestine as a state (which I’ve discussed previously) is widely regard as having the central upshot of facilitating a case against Israeli officials in the International Criminal Court. Indeed, Prime Minister Abbas has already threatened such action in regard to Israeli settlements – which are said to constitute an unlawful […]