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1 Haytham Manna Gaza and Universal Jurisdiction MEMO- London 07/12/2009 British Institute of International and Comparative Law British Institute of International and Comparative Law Slide 2 2 Sovereignty and International Justice In origins and evolution, sovereignty is definitely a Western concept; it is accepted as an indispensable term in both academic and diplomatic discussions of political life and juridical procedures. From the second half of 20 th century, this concept becomes relative and partially reviewed In origins and evolution, sovereignty is definitely a Western concept; it is accepted as an indispensable term in both academic and diplomatic discussions of political life and juridical procedures. From the second half of 20 th century, this concept becomes relative and partially reviewed Slide 3 3 Elements behind the evolution of international criminal jurisdiction Delimiting the sphere of States authority Delimiting the sphere of States authority Refusal of hegemony as a global system Refusal of hegemony as a global system Structural interdependence of our era Structural interdependence of our era Crisis and war in post colonial States. Crisis and war in post colonial States. National Complicity with criminals National Complicity with criminals Impunity as an element of world destabilization Impunity as an element of world destabilization Role and influence of Global Civil Society Role and influence of Global Civil Society Slide 4 4 Struggle against impunity - National Tribunals and Truth and Reconciliation commissions - National Tribunals and Truth and Reconciliation commissions - International Criminal Court - International Criminal Court - International Court of Justice - International Court of Justice - Regional and Special UN Tribunals - Regional and Special UN Tribunals - Universal Jurisdiction - Universal Jurisdiction - Tribunals of citizens and people - Tribunals of citizens and people Slide 5 ICAWC Gaza Program - Establishing legal evidence, investigation data base and documentation on the crimes perpetrated in Gaza - Starting legal proceedings at the national level under the principle of universal jurisdiction and the national justice in cases of dual nationality. - Following our ICC complaint - Asking to stop agreements ties between Israel and the European Union. End of the blacklisting of Palestinian political organizations in Europe. - End of Gaza Blockade. - Establishing legal evidence, investigation data base and documentation on the crimes perpetrated in Gaza - Starting legal proceedings at the national level under the principle of universal jurisdiction and the national justice in cases of dual nationality. - Following our ICC complaint - Asking to stop agreements ties between Israel and the European Union. End of the blacklisting of Palestinian political organizations in Europe. - End of Gaza Blockade. Malakoff- 31 January 2009 Malakoff- 31 January 2009 Slide 6 6 Universal Jurisdiction: Why ? Because of the State incapacity to generate belief in its own national justice. Because of the State incapacity to generate belief in its own national justice. Existential necessity for international standard and national, regional and international related instruments. Existential necessity for international standard and national, regional and international related instruments. Reinforcing international responsibility and cooperation in the administration of Justice. Reinforcing international responsibility and cooperation in the administration of Justice. Slide 7 7 Universal Jurisdiction: Where and How ? Universal jurisdiction is regulated in Europe with very different rules Universal jurisdiction is regulated in Europe with very different rules It is open in Norway and Sweden, limited in Holland, United Kingdom, France and Switzerland, in regression in both Belgium and Spain. It is open in Norway and Sweden, limited in Holland, United Kingdom, France and Switzerland, in regression in both Belgium and Spain. Australia Australia South Africa South Africa Chili, Canada, USA Chili, Canada, USA Slide 8 8 Political Obstacles Political Obstacles Since Oslo agreements, Western policymakers live with 4 obsessions: Since Oslo agreements, Western policymakers live with 4 obsessions: Struggle against terrorism and Islamism, Struggle against terrorism and Islamism, Protection of Israel and covering Israeli crimes, Protection of Israel and covering Israeli crimes, The influence of a very strong pro Israel Lobby The influence of a very strong pro Israel Lobby Priority for the so called Peace Process, peace keeping and Peace building, Priority for the so called Peace Process, peace keeping and Peace building,. Slide 9 9 Juridical Obstacles Juridical Obstacles Legal limits of universal jurisdiction. Legal limits of universal jurisdiction. Intervention of the executive and legislative authorities to stop the legal procedures. Intervention of the executive and legislative authorities to stop the legal procedures. Personal characters of judges Personal characters of judges If European States allow unfettered universal jurisdiction, then it will be very difficult for Israelis of any kind to travel (Dr Avi Bell) If European States allow unfettered universal jurisdiction, then it will be very difficult for Israelis of any kind to travel (Dr Avi Bell) Slide 10 10 Juridical Support Juridical Support More than 62 excellent reports. More than 62 excellent reports. More than 26 fact-finding missions. More than 26 fact-finding missions. Very good job of Palestinian NGOs Very good job of Palestinian NGOs Very good collaboration of Gaza de facto government. Very good collaboration of Gaza de facto government. Goldstone report as a roadmap for a global legal campaign against Israel, including lawsuits by individual states Goldstone report as a roadmap for a global legal campaign against Israel, including lawsuits by individual states Slide 11 11 International Networking for Gaza International Networking for Gaza 100 intellectuals for the ratification by the P. A to Roma Status (12/12/08) 100 intellectuals for the ratification by the P. A to Roma Status (12/12/08) 240 NGOs: No Peace Without Justice, Together against Impunity (07/01/09) 240 NGOs: No Peace Without Justice, Together against Impunity (07/01/09) 350 NGOs for an ICC complaint (22/01/09) 350 NGOs for an ICC complaint (22/01/09) Coordination between Gaza, Madrid, Oslo, Paris, Brussels, London, Vienne, Istanbul, Rabat and Cairo for an International Coalition against War Criminals (30-31/01/2009) Coordination between Gaza, Madrid, Oslo, Paris, Brussels, London, Vienne, Istanbul, Rabat and Cairo for an International Coalition against War Criminals (30-31/01/2009) Slide 12 One year after - Organization of 3 missions to Gaza. - Organization of 3 missions to Gaza. - Organization of 4 seminars and 3 workshops - Organization of 4 seminars and 3 workshops - 2 conferences in the UN Palace of Nations-Geneva - 2 conferences in the UN Palace of Nations-Geneva - Good coordination between Lawyers, experts and human rights defenders by ICAWC. - Good coordination between Lawyers, experts and human rights defenders by ICAWC. - Taking contact with political responsible in concerned States for our Program: Bolivia, Venezuela, South Africa, Egypt, Syria, Palestine, and the Arab League. - Taking contact with political responsible in concerned States for our Program: Bolivia, Venezuela, South Africa, Egypt, Syria, Palestine, and the Arab League. - Membership of the best Palestinian NGOs - Membership of the best Palestinian NGOs Slide 13 - Reinforcing the international justice and the principle of civilian Resistance in the region. - Following the ICC complaints and Palestinian adhesion to the International Criminal Court. - Translation of reports and juridical documents - Translation of reports and juridical documents - Gel of December 2008 agreement between Israel and the European Union. - Gel of December 2008 agreement between Israel and the European Union. - Preparing juridical actions in 3 European Countries - Preparing juridical actions in 3 European Countries - Mobilizing civil society with the Norwegian lawyers complaint - Coordinating between different initiatives - Mobilizing civil society with the Norwegian lawyers complaint - Coordinating between different initiatives Slide 14 ICAWC MRAP PARIS Slide 15 ICAWC ICC The Hague Slide 16 ICAWC Malakoff Slide 17 Lawyers of ICAWC Slide 18 ICAWC in the UN Slide 19 ICAWC in South Africa Slide 20 Mission in Gaza Slide 21 ICAWC : with Oslo Complaint Slide 22 ICAWC International Coalition against War Criminals icawc@icawc.neticawc@icawc.net icawc@icawc.no icawc@icawc.no icawc@icawc.neticawc@icawc.no www.icawc.net www.justiceforpalestinians.net www.icawc.net www.justiceforpalestinians.netwww.icawc.netwww.justiceforpalestinians.netwww.icawc.netwww.justiceforpalestinians.net Tel & Fax 00331 465 419 13 * 0047 516 55 001