Embed Size (px)
Transcript of Haytham Manna
Gaza and Universal JurisdictionMEMO- London 07/12/2009 British Institute of International and Comparative Law
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 20th century, this concept becomes relative and partially reviewed
3 Elements behind the evolution of international criminal jurisdiction
Delimiting the sphere of States authority Refusal of hegemony as a global system Structural interdependence of our era Crisis and war in post colonial States.National Complicity with criminals Impunity as an element of world destabilizationRole and influence of Global Civil Society
4 Struggle against impunity - National Tribunals and Truth and Reconciliation commissions - International Criminal Court - International Court of Justice - Regional and Special UN Tribunals - Universal Jurisdiction - Tribunals of citizens and people
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. Malakoff- 31 January 2009
56 Universal Jurisdiction: Why ?
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.Reinforcing international responsibility and cooperation in the administration of Justice.
7 Universal Jurisdiction: Where and How ?
Universal jurisdiction is regulated in Europe with very different rulesIt is open in Norway and Sweden, limited in Holland, United Kingdom, France and Switzerland, in regression in both Belgium and Spain.AustraliaSouth AfricaChili, Canada, USA
Since Oslo agreements, Western policymakers live with 4 obsessions:Struggle against terrorism and Islamism,Protection of Israel and covering Israeli crimes, The influence of a very strong pro Israel LobbyPriority for the so called Peace Process, peace keeping and Peace building,.
Legal limits of universal jurisdiction.Intervention of the executive and legislative authorities to stop the legal procedures. 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)
More than 62 excellent reports.More than 26 fact-finding missions. Very good job of Palestinian NGOs 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
International Networking for Gaza
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) 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)
One year after - Organization of 3 missions to Gaza. - Organization of 4 seminars and 3 workshops - 2 conferences in the UN Palace of Nations-Geneva - 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. - Membership of the best Palestinian NGOs
- 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 - Gel of December 2008 agreement between Israel and the European Union. - Preparing juridical actions in 3 European Countries - Mobilizing civil society with the Norwegian lawyers complaint- Coordinating between different initiatives
13ICAWC MRAP PARIS
14ICAWC ICC The Hague
16Lawyers of ICAWC
17ICAWC in the UN
18ICAWC in South Africa
19Mission in Gaza
20ICAWC : with Oslo Complaint
21ICAWCInternational Coalition against War Criminals [email protected] [email protected] www.icawc.net www.justiceforpalestinians.net Tel & Fax00331 465 419 13 * 0047 516 55 001