Showing posts with label International Court of Justice. Show all posts
Showing posts with label International Court of Justice. Show all posts

24 July 2018

Al Jazeera: Top UN court rules UAE blockade violated Qataris' rights

On Monday, judges at the ICJ ruled that Qatari families affected by the UAE's measures must be reunited, imposing a measure before The Hague-based court hears in full the discrimination case.

They also said that students should be given the opportunity to complete their studies in the UAE or to retain records of their studies to be able to continue their education elsewhere.

Finally, they ruled Qataris should be allowed access to judicial services in the UAE. [...]

"The sheer fact that the UAE, out of the four countries that imposed the blockade upon Qatar, is the only signatory to this convention means that it is duty-bound and legally-bound, to uphold all of the details within that convention," he added.

17 July 2018

Politico: Europe’s dependence on the US was all part of the plan

As feared, the president of the United States arrived at last week’s NATO summit in a mood of preposterous spleen, profound contempt and shocking rudeness. He insisted on sharing before the cameras imaginary facts that hadn’t a thing to do with the summit agenda, and he refused to listen to anyone who tried, however gently, to correct him. In the words of Robert Kagan, a senior fellow at the Brookings Institution, “These are not negotiating tactics. They are the tactics of someone who does not want a deal.” In a private meeting, Trump reportedly threatened that unless the allies boosted their military spending beyond previous agreements by January, the United States would “go it alone.” Nicholas Burns, a former U.S. ambassador to NATO, implored Americans not to “normalize” this. “He is the first American president since Harry Truman,” Burns noted, “to not believe that NATO is central to American national security interests.” And Burns is a Republican. [...]

The open, liberal world order we know today was built in the wake of World War II and expanded after the collapse of the Soviet Union. By design, it is led by the United States; by design, it ensures permanent U.S. military hegemony over Eurasia while uniting Europe under the U.S.’s protection. The goal of this American grand strategy is to prevent any single power from dominating the region and turning on United States and its allies. American hegemony serves, too, to quell previously intractable regional rivalries, preventing further world wars. Dean Acheson, George Marshall and the other great statesmen of their generation pursued this strategy because they had learned, at unimaginable cost, that the eternal American fantasy of forever being free of Europe — isolationism or America-Firstism, in other words — was just that: a fantasy. Four hundred thousand American men lost their lives in the European theaters of the First and Second World Wars. (American fatalities in all of the other 20th century conflicts — including Vietnam, Korea and the Persian Gulf — do not total one quarter of that number.) Our postwar statesmen were neither weak nor incompetent. They were the architects of the greatest foreign policy triumph in U.S. history. [...]

In recognizing this history of blood, however, we must recognize something equally true: In the wake of World War II, liberal democracy saw its fullest realization in the West. This flourishing of peace and human rights cannot be explained by a sudden outbreak of European pacifism. (Consider the 1956 Suez expedition, crushed by an infuriated President Dwight Eisenhower; or the 1954-62 Franco-Algerian War.) It happened because during World War II, Europe destroyed itself, leaving the United States overwhelmingly powerful by comparison, its only rival the Soviet Union. Through the application of economic, diplomatic and military force majeure, the United States suppressed Europe’s internal security competition. This is why postwar Europe ceased to be the world’s leading exporter of violence and became, instead, the world’s leading exporter of luxury sedans. [...]

At the same time, the United States built an open, global order upon an architecture of specific institutions: the United Nations, the International Monetary Fund and the International Court of Justice. This order is in many respects an empire — a Pax Americana — but it is more humane than any empire that preceded it, with institutions that are intended to benefit all parties. Postwar U.S. statesmen believed that prosperous, liberal democracies that traded freely with each other would neither go to war with each other nor the United States. They ascribed, in other words, to the so-called Democratic Peace theory — a theory with overwhelming empirical support.

16 March 2017

Al Jazeera: UN report: Israel has established an 'apartheid regime'

A new United Nations report accuses Israel of having established "an apartheid regime that oppresses and dominates the Palestinian people as a whole".

The publication comes amid renewed debate about whether, through its settlement policy and rejection of Palestinian self-determination, the Israeli government is creating - or even has already created - a de facto "one-state", which critics warn would constitute a form of apartheid. [...]

The report - Israeli Practices towards the Palestinian People and the Question of Apartheid - was commissioned and published by the UN Economic and Social Commission for Western Asia (ESCWA) and launched in Beirut. [...]

UN spokesman Stephane Dujarric, when asked about the report, said it was published without any prior consultations with the UN Secretariat and its views do not reflect those of the secretary-general.

The report was authored by two critics of Israeli state practice: Virginia Tilley, professor of political science at Southern Illinois University, and Richard Falk, former UN special rapporteur on the situation of human rights in the Palestinian territories, and professor emeritus of international law at Princeton University. [...]

The report also suggests an advisory opinion be sought from the International Court of Justice "as to whether the means used by Israel to maintain control over the Palestinian people amount to the crime of apartheid".

7 January 2017

Jacobin Magazine: When Abstention Is Progress

On December 23, the United Nations Security Council adopted Resolution 2334 with fourteen affirmative votes, no negative votes, and Washington’s abstention. By withholding its veto, the United States allowed the resolution to be adopted. The resolution declared Israeli settlements in the West Bank and East Jerusalem to be in “flagrant violation” of international law and demanded that all settlement activities “immediately and completely cease.”

Strong words. But they were entirely toothless.

The resolution neither provided nor threatened consequences should Israel violate the resolution — just as the US government made sure that no consequences have resulted from Israel’s continual violation of similar Security Council resolutions from as far back as 1979 or from its flouting of the 2004 opinion of the International Court of Justice. [...]

If Obama had wanted to make a clear statement on behalf of Palestinian rights, he could have followed the lead of 137 UN members and the urging of former president Jimmy Carter and recognized the state of Palestine. Or, less symbolically, he could have put forward a resolution declaring that all states should refrain from supplying military aid to Israel as long as its illegal settlements remain — which, of course, would apply mainly to the United States. Just three months ago, President Obama approved an unprecedented $38 billion in military aid over ten years to Israel. [...]

In 2011, the Security Council considered a resolution calling for a settlement freeze. The fourteen affirmative votes (and the wishes of the resolution’s 120 co-sponsors) were overridden by the Obama administration’s veto. Though this was Obama’s only UN veto, the ever-present threat of a US veto assured that his was the only presidency since 1967 under which there was not a single Security Council resolution critical of Israel.

17 June 2016

Salon: The UN’s damning report on Israel and torture: The desperate case of Palestinian youth in the occupied territory

Just recently, Israel was elected to chair one of the United Nations’ permanent committees — the Sixth Committee, called the “Legal Committee.”  It oversees issues related to international law, including human rights issues and issues of decolonization.  Israel’s ambassador to the UN, Danny Danon remarked, “I am proud to be the first Israeli elected to this position… Israel is a world leader in international law and in fighting terrorism…We are pleased to have the opportunity to share our knowledge with the countries of the world.”  This presents a case of overwhelming contradiction, as Israel itself has been sharply and persistently criticized for violations of human rights and its continued colonial project in the Occupied Palestinian Territory.

In May 2011, Danon wrote an op-ed published in The New York Times where he advocated that Israel annex all West Bank settlements and “uninhabited areas.”  He concluded that under his plan Israel would bear no responsibility to Palestinians in the West Bank, who would live in their own “unannexed” towns.  Furthermore, under his plan Palestinians would not be eligible for citizenship.  According to him, this solution would avert the “threat to the Jewish and democratic status of Israel by a growing Palestinian population.”  Danon’s definition of democracy is specifically narrow, and now that the two-state solution is thoroughly dead, this mentality indicates what democracy Israel-style might look like in the one state. [...]

It then enumerates 25 concerns, including allegations of torture and ill-treatment, excessive use of force, coerced evidence, settler violence, house demolitions, and the issue of asylum seekers and refugees.  It also “regrets the State party’s continued argument that the Convention does not apply in all the Occupied Territories and notes that this position is contrary to the views of this Committee as set forth in its previous concluding observations (CAT/C/ISR/CO/4, para. 11), other treaty bodies, and the International Court of Justice.”  It then “reaffirms that the Convention applies to all territory and persons under the jurisdiction of the State party, including the Occupied Territories.”