Lucas Parker’s Post

The following article for your interest, titled 'Traversing the tightrope of Peace', provides a breakdown of the proceedings instituted by South Africa against Israel in the International Court of Justice. The focus of the article is in unpacking the International Laws and Convention which form the basis of the proceedings.

In the following article titled 'Traversing the tightrope of Peace', Mzamo Danana of Danana Attorneys Incorporated provides a breakdown of the proceedings instituted by South Africa against Israel in the International Court of Justice. The article focuses on unpacking the International Laws and Convention which form the basis of the proceedings before the Court.

"Self-defense is not a license of unlimited violence" - Vaughan Lowe. Israel can not claim self-defense from the people it occupies. and controls. The rhetoric focusing on Israel's "right to defend" is important because it gives legal cover and work around for the US military aid that violates the Leahy Laws[1] and the Foreign Assistance Act[2]. It is misinfo to galvanize support form the West, just as the claims of Hamas is Isis and beheaded babies in ovens. In the recent ICJ hearing, Lowe, attorney for the South African delegation, made another important point about the self-defense claims -there is no legal basis for it. A 2004 ICJ Advisory Opinion ruled that the right of self-defense enshrined in Article 51 does not apply to an occupying power like Israel against threats originating from the occupied territory itself, which is under its effective control. [3] For Israel to claim self-defense in international law, they would have to recognize the Occupied Palestinian Territories as a State! An occupier oppressing the occupied fighting the occupation is not self-defense . https://buff.ly/4dLo0kI #StateOfPalestine #GazaGenocide #NoUSAidForWarCrimes [1] The “Leahy Laws” prohibit U.S. assistance to foreign security force units when there is credible information that the unit has committed a “gross violation of human rights” (GVHR). Pursuant to the laws, before providing assistance, the U.S. government vets potential recipients for information about GVHR involvement. https://buff.ly/3wuwWKt [2] FAA No assistance is to be provided to a government which "engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, causing the disappearance of persons by the abduction and clandestine detention of those persons, or other flagrant denial of the right to life, liberty, and the security of person, unless such assistance will directly benefit the needy people in such country." https://buff.ly/3UO31Vs [3] Article 51 of the Charter thus recognizes the existence of an inherent right of self-defense in the case of armed attack by one State against another State. However, Israel does not claim that the attacks against it are imputable to a foreign State. The Court also notes that Israel exercises control in the Occupied Palestinian Territory and that, as Israel itself states, the threat which it regards as justifying the construction of the wall originates within, and not outside, that territory. The situation is thus different from that contemplated by Security Council resolutions 1368 (2001) and 1373 (2001), and therefore Israel could not in any event invoke those resolutions in support of its claim to be exercising a right of self-defense . https://buff.ly/3QMASwM

Relevant study to take notice of: "Yes, peace is made with murderers" (published in 'Haaretz'; long version in 'International Studies Quarterly')

Today is the Day of International Criminal Justice. #InternationalJusticeDay marks the anniversary of the adoption of the Rome Statute on 17 July 1998, the founding treaty of the #ICC, which seeks to protect people from genocide, crimes against humanity, war crimes and the crime of aggression.     Fair trials have many facets and include the right to interpretation and translation!   #IJD2024 #GettingYouUnderstood #interpretation #translation #1nt #xl8

The African Court of Justice and Human Rights holds immense potential for addressing serious crimes and promoting justice across the continent. However, the journey towards full ratification of the Protocol by AU member states faces significant challenges. Key among these are concerns over national sovereignty, political instability, and the potential for political leaders to be held accountable for crimes that could destabilize their hold on power. Additionally, the complexities of aligning national legal frameworks with the Court's mandates and the financial implications of supporting such an institution also pose hurdles. This dialogue is a crucial step towards understanding these obstacles and finding pathways to overcome them. It is through such collaborative efforts that way can be paved for a more just and accountable Africa. Looking forward to joining into the discussion and learning more!

This excellent volume on the challenges of #documenting and #prosecuting #warcrimes committed in Ukraine is now out. My chapter focuses on fairness of domestic war crime trials in #Ukraine. https://lnkd.in/d8DH5EiA