Is there a court for Gaza?: a test bench for international justice

The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations ofinternational law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examinationof the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a forewordby prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficultcombination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations. Tackles the legal issue whether international justice mechanisms - including the ICC - can play a role in the light of the alleged crimes committed during the military operation on Gaza (December 2008-January 2009). Contributions from leading academics in the field of international law and international criminal law and human rights experts. Includes legal documents which were produced as a follow up to the 'Goldstone Report' (The UN Fact Finding Mission on the Gaza Conflict). Sheds a light on the difficult combination of law and politics that connotes international justice, in particular vis-à-vis the uncertain status of Palestine at the UN level. INDICE: Introduction. Selected materials from the International Conference´Is There a Court for Gaza?´ 22 May 2009, Lelio Basso International Foundation, Rome. The Goldstone Report and the Goldstone Retreat: Truths told by law and reviled by geopolitics. The follow-up to the Goldstone Report and its legal impact in Israel and beyond. Initial reactions to the Goldstone Report and reflections on Israeli accountability. Investigating the investigations: A comment on the UN Committee of Experts Monitoring of the ‘Goldstone Process’. The Importance of Fact-Finding Missions under International Humanitarian Law. Why Statehood now: A reflection on the ICC´s Impact on Palestine´s Engagement with International Law. The Effects of Palestine’s Recognition of the International Criminal Court’s Jurisdiction. The Palestine Declaration to the International Criminal Court: The Statehood Issue. Is Palestine a “State”? A Response to Professor John Quigley’s Article. Palestine Statehood: a Rejoinder to Professor Robert Weston Ash. ICC Jurisdiction over Acts Committed in the Gaza Strip: Article 12(3) of the ICC Statute and Non-state Entities. In Defence of Functional Interpretation of Article 12(3); a Response to Yaël Ronen. Note on the Legal Effects of Palestine’s Declaration under Article 12(3) of the ICC Statute. The Russell Tribunal on Palestine. International (In)Justice and Palestine.

• ISBN: 978-90-6704-819-4
• Editorial: T.M.C. Asser Press
• Encuadernacion: Cartoné
• Páginas: 604
• Fecha Publicación: 31/01/2012
• Nº Volúmenes: 1
• Idioma: Inglés