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Developments in International Law

The Decision on the Situation in Palestine Issued by Pre-Trial Chamber I of the International Criminal Court

Reflecting on the Legal Merits

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords International Criminal Court, ICC, Palestine, Oslo Accords, jurisdiction
Authors Rachel Sweers
AbstractAuthor's information

    On 5 February 2021, the Pre-Trial Chamber I of the International Criminal Court (ICC) issued its decision on the Situation in Palestine affirming that its territorial jurisdiction extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem. The Situation was brought before the Chamber by request of the ICC’s Prosecutor. Legal issues were addressed in the Majority Decision, as well as in the Partly Dissenting Opinion and Partly Separate Opinion. The procedural history involving the Prosecution Request that seized the Chamber on the Situation in Palestine will be discussed, including a brief analysis of the legal basis for this request. Furthermore, the legal merits of the Situation in Palestine will be compartmentalized into three main pillars in order to analyze step by step how the Chamber reached its conclusion.


Rachel Sweers
Rachel Sweers: legal intern, International Criminal Court, the Hague.

    The entry into force of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) pushed state obligations to counter prejudice and stereotypes concerning people with disabilities to the forefront of international human rights law. The CRPD is underpinned by a model of inclusive equality, which views disability as a social construct that results from the interaction between persons with impairments and barriers, including attitudinal barriers, that hinder their participation in society. The recognition dimension of inclusive equality, together with the CRPD’s provisions on awareness raising, mandates that states parties target prejudice and stereotypes about the capabilities and contributions of persons with disabilities to society. Certain human rights treaty bodies, including the Committee on the Rights of Persons with Disabilities and, to a much lesser extent, the Committee on the Elimination of Discrimination against Women, require states to eradicate harmful stereotypes and prejudice about people with disabilities in various forms of interpersonal relationships. This trend is also reflected, to a certain extent, in the jurisprudence of the European Court of Human Rights. This article assesses the extent to which the aforementioned human rights bodies have elaborated positive obligations requiring states to endeavour to change ‘hearts and minds’ about the inherent capabilities and contributions of people with disabilities. It analyses whether these bodies have struck the right balance in elaborating positive obligations to eliminate prejudice and stereotypes in interpersonal relationships. Furthermore, it highlights the convergences or divergences that are evident in the bodies’ approaches to those obligations.


Andrea Broderick
Andrea Broderick is Assistant Professor at the Universiteit Maastricht, the Netherlands.
Article

Restorative justice capacities in Middle Eastern culture and society: towards a hybrid model of juvenile justice in Palestine

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Hybrid model, restorative justice, non-state justice, Palestine, Middle East
Authors Mutaz Qafisheh and Ali Wardak
AbstractAuthor's information

    Alongside the state juvenile justice system, various forms of non-state justice providers are strongly prevalent in Palestine. Although the state juvenile justice has evolved into a modern system, it lacks adequate human, professional and infrastructural capacities to provide effective justice to all children. This field research has identified key non-state justice providers in Palestine and reveals that they are more accessible and speedy and also place more emphasis on peacemaking and reconciliation than the state justice system. It also reveals that in the processes of justice dispensation, occasional violation of children’s rights takes place within some of the male-dominated non-state justice providers. In order to minimise rights violation, while capitalising on the restorative capacities of non-state justice providers, a ‘hybrid model of juvenile justice in Palestine’ has been developed and is proposed. It is argued in this article that the ‘hybrid model’ not only promises to provide a coherent framework of links between Palestinian state juvenile justice and non-state justice providers, but also has the capacity to minimise rights violation through proposed internal and external oversight mechanisms. It is further maintained that translating the hybrid model into practice may result in the provision of more accessible, inclusive and restorative juvenile justice to all children in Palestine.


Mutaz Qafisheh
Mutaz Qafisheh is Dean and Associate Professor of International Law, College of Law and Political Science, Hebron University, Hebron, Palestine.

Ali Wardak
Ali Wardak is Professor of Criminology, University of South Wales, Pontypridd, United Kingdom.
Article

Psychology of Conflict

Why Do People Fight First and Then Settle?

Journal Corporate Mediation Journal, Issue 1-2 2019
Keywords conflict, mediation, psychology
Authors Martin Brink
AbstractAuthor's information

    In many cases much harm and sorrow is caused first before people sit down and settle. Why not settle without fighting first?


Martin Brink
Martin Brink is Editor in Chief of this Corporate Mediation Journal
Article

Tracing the Long-Term Impacts of a Generation of Israeli–Palestinian Youth Encounters

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2015
Keywords encounters, Israel-Palestine, impact, peace building, dialogue
Authors Karen Ross and Ned Lazarus
AbstractAuthor's information

    Since the 1980s, thousands of Israeli Jews, Palestinian citizens of Israel and Palestinians from the occupied Palestinian territories (oPt) have participated in intergroup dialogues, often referred to as ‘encounter programmes’. In the same historical span, the Israeli–Palestinian conflict has proved thoroughly intractable. Given this political reality, what has been the impact of such initiatives, on direct participants and the conflict context? This article assesses the long-term impact by tracing the post-encounter peacebuilding activity and the evolving perspectives of former participants in three prominent encounter programmes – Seeds of Peace (SOP), Sadaka Reut (SR) and Peace Child Israel (PC) – over periods ranging from a few years to over two decades. Data is drawn from parallel studies conducted by each of the individual authors, encompassing research on 899 programme alumni. The article presents the results of complementary qualitative and quantitative analyses of the long-term peacebuilding engagement of graduates of these three programmes. The organizations profiled employ distinct methodologies, allowing for comparative analysis of interpersonal contact, social identity and critical theoretical approaches. The studies found 183 alumni – approximately one in five surveyed – active in peacebuilding and social change efforts as adults, often 10 or more years after initial participation in encounters. Crucially, long-term peacebuilding engagement was more common among alumni of programmes that explicitly address issues of intergroup conflict and social justice, as opposed to a ‘non-political’ cultural approach. Findings illustrate the potential of intergroup encounters to inspire sustained peacebuilding engagement at the individual level – even in a context of ongoing violent conflict – while highlighting dilemmas imposed by asymmetrical social contexts, and the limitations of micro-level strategies in effecting broader political change.


Karen Ross
Karen Ross is an Assistant Professor of Conflict Resolution at the University of Massachusetts-Boston, and a Senior Fellow at the UMASS Boston Center for Peace, Democracy and Development.

Ned Lazarus
Ned Lazarus is a Research Fellow at the Gildenhorn Institute for Israel Studies at the University of Maryland and a Program Officer at the Israel Institute.
Article

Is There a Theory of Radical Disagreement?

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2013
Keywords Radical disagreement, linguistic intractability, agonistic dialogue, conflict engagement
Authors Oliver Ramsbotham
AbstractAuthor's information

    This article concerns linguistic intractability, the verbal aspect of those conflicts that so far cannot be settled or transformed. At its heart lies the phenomenon of radical disagreement. This is generally discounted in conflict resolution as positional or adversarial debate. It is seen as a terminus to dialogue that must from the outset be transformed, not learnt from. In this article the refusal to take radical disagreement seriously is traced back to the way radical disagreement is described and explained in the third party theories that frame attempts at settlement and resolution in the first place.
    On pp. 58-60 a theory of radical disagreement is contrasted with an example. In the theory radical disagreement is described as a juxtaposition of equivalent subjective narratives that do not ‘reflect truth’ but merely serve as ‘motivational tools’ for group survival. In the example, it can be seen that neither speaker is saying that. The Palestinian claim (A) is not about a subjective narrative or motivational tool, but about a lived reality endured for 60 years. And the Israeli claim (B) is not about a juxtaposition of equivalent accounts, but a fierce refutation of faults and misrepresentations in what the other says. This mismatch between third party theory and participant example explains a great deal about why third party interventions based on those theoretical assumptions fail.
    The rest of the article looks at a range of putative theories invoked in conflict analysis and conflict resolution. This is a search for third party descriptions and explanations that are adequate to examples of what they purport to describe and explain. Surprisingly the net is hauled in empty. The interim conclusion to this article is that there is no adequate theory of radical disagreement.
    In the first issue of the International Journal of Conflict Engagement and Resolution, this article sets the scene for an exploration of the relationship between engagement and resolution that it is hoped will be developed in future issues. It will be argued there that the practical implication of the discovery that there is no adequate theory of radical disagreement is that in intractable conflicts it is a mistake to ignore this phenomenon. Radical disagreement is not all too familiar but perhaps the least familiar feature of intense political conflict. What is required in the face of linguistic intractability, therefore, is not less radical disagreement but more – namely promotion of a ‘strategic engagement of discourses’. Only then is it possible to move from engagement to resolution and to create the space for a future revival of attempts at settlement and transformation in the linguistic sphere.


Oliver Ramsbotham
Emeritus Professor of Conflict Resolution, University of Bradford. Paper first presented at the Conflict Research Society Annual Conference, Coventry, September 2012.

Talia Einhorn
Talia Einhorn, Prof Dr iur, is Senior Research Fellow at the TMC Asser Instituut in The Hague and Professor of Law at Concordia International University Estonia.
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