In this episode of Occupied Thoughts, FMEP’s Lara Friedman speaks to Vito Todeschini (legal expert in human rights law, international humanitarian law and international accountability, focusing on Palestine/Israel and the wider MENA region) about ongoing efforts to enforce some measure of accountability on Israel for its actions vis-a-vis Palestinians via international legal bodies – most notably the International Criminal Court and the International Court of Justice. They also look at the stark contrast between the ICC’s quick action vis-à-vis Russia’s Vladimir Putin, and the ICC’s very slow process with respect to Palestine.
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Vito Todeschini is a legal expert in human rights law, international humanitarian law and international accountability, focusing on Palestine/Israel and the wider MENA region. Between 2018 and 2022, he worked as a Legal Advisor for the MENA Programme of the International Commission of Jurists based in Tunis, Tunisia. Previously, he was a Postdoctoral Fellow at the University of Trento, Italy. Vito was awarded a PhD in international law from Aarhus University, Denmark. Read his latest analysis at OpinioJuris 3/7/23: The (il)Legality of Israel’s Prolonged Occupation of the Palestinian Territory: Perspectives From the UN Special Rapporteur and Commission of Inquiry’s September 2022 Reports
Other Resources related to this podcast:
Expert analysis:
- Q&A briefing by Diakonia’s International Humanitarian Law Centre, 11/29/22: The ICJ Advisory Opinion on the Legal Consequences of Israel’s Occupation of Palestinian Territory (Q&A briefing)
- Legal Opinion by Ralph Wilde, Professor at the University College of London, 11/29/22: Is the Israeli occupation of the Palestinian West Bank (including East Jerusalem) and Gaza ‘legal’ or ‘illegal’ in international law?
- Webinar organized by Law for Palestine 1/27/23: In the ICJ: The Legality/Illegality of Israeli Occupation & Subsequent International Responsibility, ft. Miloon Kothari (Member of the UN Commission of Inquiry on Palestine/Israel), Giulia Pinazauti: International Criminal Law Expert – Leiden University), Ralph Wilde (International Law expert – University College London); Susan Power (Head of Research and Advocacy – Al-Haq); and moderated by Hassan Ben Imran (Board member, Law4Palestine)
- Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel 9/14/22
US Official positions
- State Department press briefing 1/9/23: “MR PRICE: We have been consistent in our own strong opposition to the request for an ICJ advisory opinion concerning Israel. We’ve talked about that before, including last week. We believe this action was counterproductive and will only take the parties further away from the objective of a negotiated two-state solution. We are seeking both sides to take steps to move them closer to a negotiated two-state solution.”
- Secretary of State Blinken, speaking on 3/3/21 against the ICC pursing any investigation of Israel: “The ICC has no jurisdiction over this matter. Israel is not a party to the ICC and has not consented to the Court’s jurisdiction, and we have serious concerns about the ICC’s attempts to exercise its jurisdiction over Israeli personnel. The Palestinians do not qualify as a sovereign state and therefore, are not qualified to obtain membership as a state in, participate as a state in, or delegate jurisdiction to the ICC. “
- Secretary of State Blinken, 3/22/23, responding to a question in a Senate hearing about the ICC arrest warrant against Putin: “I think anyone who’s a party to the court and has obligations should fulfill their obligations.”
- The Guardian 6/11/20: Trump targets ICC with sanctions after court opens war crimes investigation
Israel on the ICC & ICJ
- Jerusalem Post 12/31/23: Israel rejects UN vote seeking ICJ declaration Jews occupy the Holy Land
- AP 4/8/21: Israel rejects ICC probe, saying it lacks jurisdiction
Abbas on the ICJ & ICC
The Russia Angle & Israeli “Judicial Reform”
- Middle East Monitor 3/28/23: The ICC’s selective approach to war crimes undermines its credibility
- Haaretz 3/20/23: Netanyahu Could Be Next on the ICC’s Arrest Warrant List After Putin
- Israel Today 3/20/23: Arrest Warrant for Vladimir Putin Is a Red Flag for Israel
- The Israel Democracy Institute 3/2/23: The Judicial Reforms Implications on Israel’s Standing in the International Courts
- Jerusalem Post 1/6/23: Israelis protest Levin’s judicial reform: High Court protects soldiers from ICC
- Haaretz 11/15/22: Thanks to Putin, the World Is Suddenly Interested in Israel’s Occupation