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Showing posts from 2018

Jamal Khashoggi and Vienna Convention on Consular Relations 1963

On October 2nd, 2018, Jamal Khashoggi entered the Saudi Consulate General in Istanbul, Turkey, to pick up marriage documents - wherefrom he never reemerged. He was murdered at the Consulate by a team of 15 members, which included a forensic expert. According to reports, his body was then dismembered. Saudi Arabia’s official version about Khashoggi’s death has changed with each passing day. Nevertheless, all leaks and reports lead to one same conclusion: the killing of Khashoggi was a premeditated murder, ordered by top echelons of the Saudi Monarchy, namely the Saudi Crown Prince Mohammed Bin Salman. Today, Turkish President Erdoğan corroborated before the Turkish Parliament that it was pre-planned.  Furthermore, it is unimaginable that the crime was carried out without the prior knowledge of the Saudi Consul. However, the latter could have prevented it, but he never did – regardless of the reasons. In addition to committing murder, violating Khashoggi’s right to life - under both domestic…

Proceedings by Palestine against USA

International Court of Justice: Proceedings instituted by the State of Palestine against the United States of America on 28 September 2018

"The relocation of the US embassy to Jerusalem and the obligation of non-recognition in international law"

“The overwhelming majority of States speaking in the meetings of both the SC and the GA deemed the US decision to relocate the embassy to Jerusalem contrary to international law, as well as to pertinent SC resolutions on the status of the Holy City and, on this basis, censured that decision as having no legal effect, null and void. Arguably, the criticism of the US initiative was mostly prompted by the fact that it disregarded the specific commitment, bearing on all States, not to recognize illegal situations arising from, and consolidated after, serious breaches of rules of international law of fundamental importance – such as those prohibiting territorial acquisitions carried out through the use of force – as well as the corollary commitment not to engage in any act or in any form of assistance which may help in consolidating the illegal situation.”

Customary IHL: The Act of Displacement

Source: ICRC
"Rule 129.
A. Parties to an international armed conflict may not deport or forcibly transfer the civilian population of an occupied territory, in whole or in part, unless the security of the civilians involved or imperative military reasons so demand.

B. Parties to a non-international armed conflict may not order the displacement of the civilian population, in whole or in part, for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand.
Summary
State practice establishes these rules as norms of customary international law applicable in international (A) and non-international (B) armed conflicts respectively.
International armed conflicts
The prohibition of the deportation or transfer of civilians goes back to the Lieber Code, which provides that “private citizens are no longer … carried off to distant parts”.[1] Under the Charter of the International Military Tribunal (Nuremberg), “deportation to slave labour…

Customary IHL: Public and Private Property in Occupied Territory

Source:ICRC


“Rule 51. Public and Private Property in Occupied Territory

Rule 51. In occupied territory:
(a) movable public property that can be used for military operations may be confiscated; (b) immovable public property must be administered according to the rule of usufruct; and (c) private property must be respected and may not be confiscated; except where destruction or seizure of such property is required by imperative military necessity.
Summary
State practice establishes this rule as a norm of customary international law applicable in international armed conflicts.
Movable public property
The rule that all movable public property that may be used for military operations may be confiscated is a long-standing rule of customary international law already recognized in the Lieber Code, the Brussels Declaration and the Oxford Manual.[1] It is codified in the Hague Regulations, which provides that the following may be confiscated: “cash, funds, and realizable securities which are strictly the …

Occupation and international humanitarian law

Source: ICRC
1. What is occupation?  Article 42 of the 1907 Hague Regulations (HR) states that a "territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised." According to their common Article 2, the four Geneva Conventions of 1949 apply to any territory occupied during international hostilities. They also apply in situations where the occupation of state territory meets with no armed resistance. The legality of any particular occupation is regulated by the UN Charter and the law known as jus ad bellum. Once a situation exists which factually amounts to an occupation the law of occupation applies – whether or not the occupation is considered lawful. Therefore, for the applicability of the law of occupation, it makes no difference whether an occupation has received Security Council approval, what its aim is, or indeed whether it is …

Khan Al-Ahmar community

Today, the Israeli High Court of Justice dismissed the petitions of the residents of Khan Al-Ahmar Bedouin community, east of Jerusalem, and ruled to demolish the community. 

The Court also ruled that the demolition can be carried out within a week.

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The demolition of Khan Al-Ahmar would constitute war crimes:

- forcible transfer
- wanton and extensive destruction of private property, not justified by military necessity

UN General Assembly Resolution establishing UNRWA

UN General Assembly Resolution 302 (IV) of 8 December 1949, which established the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

Attack on Syria

No matter what Western governments claim, the attack on Syria is illegal. The US, France and UK violated the jus cogens prohibition of the use of force, enshrined in Article 2(4) of the UN Charter. The attack is an act of aggression, constituting further a crime of aggression.

Photos of Jerusalem

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