Middle East conflict finds new battleground at ICC

Significance The Palestinian Authority, recognised by the UN as the State of Palestine ('Palestine'), joined the Rome Statute of the ICC on December 31 by submitting to the UN secretary-general its instrument of accession. The accession will come into force on April 1. In addition, Palestine has lodged a declaration accepting the court's jurisdiction retroactively since June 13, 2014 with respect to crimes committed in the occupied Palestinian territory. ICC Prosecutor Fatou Bensouda may now conduct investigations into, and if appropriate prosecute individuals for, crimes allegedly committed on Palestine's territory or by Palestinian nationals. Impacts The move will complicate Israeli settlement policy and attempts to protect nationals from prosecution. The court has the authority to investigate crimes allegedly committed by all parties, including Palestinians and Israelis. Political sensitivity may further encumber the process. Facing early elections, Netanyahu will be unwilling to make any conciliatory moves towards the Palestinians.

Author(s):  
Richard Falk

This chapter reflects on the role as special rapporteur of the United Nations Human Rights Council (HRC), which investigated the human rights situation in the Occupied Palestinian Territory. The chapter first provides an overview of the role and office of special rapporteur, noting that UN concerns about Israel and responses to Palestinian grievances are highly politicized within the organization, before discussing some of the characteristics that distinguish the mandate established by the HRC and made applicable to Occupied Palestine. It also explains what was accomplished in six years as special rapporteur of the HRC and details the controversies and pressures attached to that job. It shows that the “UN” comprises different layers, agendas, and interests. The chapter claims that while the United Nations secretary-general in New York permitted personal attacks against the special rapporteur, the leadership and professionals of the Office of the High Commissioner for Human Rights in Geneva strongly supported his efforts in what the chapter calls the “legitimacy war”.


Author(s):  
Schabas William A

This chapter comments on Article 127 of the Rome Statute of the International Criminal Court. Article 127 addresses the withdrawal of a State Party from this Statute. A State may withdraw from the Rome Statute by providing a written notification to the depositary, the Secretary-General of the United Nations. The withdrawal takes effect one year after receipt of the notification by the Secretary-General, unless a later date is specified. There have been no notifications of withdrawal from the Rome Statute. The Statute does not indicate whether a notice of withdrawal can itself be withdrawn, thereby returning the State to ordinary status as a Party. Withdrawal does not affect the continuation of the Statute with respect to other States Parties, even if the number of them falls below the threshold of sixty.


Subject The expansion of Captagon. Significance The seven years of civil war in Syria have seen the production and smuggling of the amphetamine Captagon in that country rise substantially. Concern is growing that migration flows and increasingly easy availability will make the drug -- already popular across the Middle East -- fashionable in Europe and potentially beyond. Impacts The manufacture of Captagon could help perpetuate Syria’s war, supporting insurgent operations and corrupting the state. The shift of production from Lebanon to Syria will encourage larger-scale operations, boosting global supply. The spread of Captagon use in areas of heavy migration in Europe may exacerbate ethnic tensions.


Significance The salafi-jihadist group has lost almost all the territory it formerly held in Iraq and Syria. The recent attack on a mosque in Egypt’s Sinai also significantly reduced its local support. Arabic-language media are already looking to the next stages of Middle East conflict. Impacts The negative impact of IS losing its Raqqa propaganda centre on its efforts to control the narrative will be temporary. Following IS's loss of the Syria-Iraq border, Arabic press focus on the confrontation between Iran and US-linked forces will rise. The disappearance of IS as a territorial threat will likely increase divisions among Middle Eastern states.


Subject Mexico City airport update. Significance OECD Secretary General Jose Angel Gurria on January 9 presented the organisation's second progress report on the development of Mexico City’s New International Airport (NAICM), which is due to commence operations in 2020. While the OECD acknowledged substantial progress on several of the issues highlighted in its 2016 report, the new assessment provided 17 more recommendations for the Mexico City Airport Group (GACM), the state entity responsible for the project. Impacts AMLO will continue to campaign against the NAICM, despite warnings over the costs of scrapping it at this stage. The project is running on time, but future delays could see costs escalate and political opposition grow. Successful completion of the NAICM will improve Mexico’s airport infrastructure competitiveness.


2020 ◽  
Vol 19 (1) ◽  
pp. 269-293

Summary The present report is submitted pursuant to Human Rights Council resolution 28/27 on the human rights situation in the Occupied Palestinian Territory, including East Jerusalem. It presents the human rights situation through an analysis of how the occupation and associated measures restrict freedom of movement, and examines the impact of those restrictions on Palestinians’ enjoyment of their economic, social and cultural rights.


Author(s):  
Avad. Zaully

From the very beginning of the Middle East conflict the relations between the Israelis and the Palestinians as well as the problem of establishing a Palestinian state have gone far beyond the region to become an issue of the international political agenda. The internationalization of the Palestinian statehood problem was a gradual process of more and more regional and international actors getting involved. Undoubtedly, the UN has played one of the major roles in the Middle East settlement. The European, Russian, Arab and American participation has been of a certain importance as well.


Author(s):  
Schabas William A

This chapter comments on Article 125 of the Rome Statute of the International Criminal Court. Article 125 governs the mechanisms by which States become parties to the Rome Statute. While a signature of a treaty may, under certain circumstances, constitute a means of indicating a State's acceptance to be bound by the treaty's provisions, in the context of the Rome Statute signature is only a preliminary act — ‘a first step to participation’. It must be followed by deposit of an instrument of ratification, approval, or accession for the State to become a party to the Statute. The article also establishes, although somewhat implicitly, that the Secretary-General of the United Nations is the depositary of the Statute.


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