1

Haytham Manna

Gaza and Universal

Jurisdiction

MEMO- 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

destabilization Role 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

6

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 rules

It is open in Norway and Sweden, limited in Holland, United Kingdom, France and Switzerland, in regression in both Belgium and Spain.

Australia South Africa Chili, Canada, USA

8

Political Obstacles

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 Lobby

Priority for the so called Peace Process, peace keeping and Peace building,

.

9

Juridical Obstacles

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)

10

Juridical Support 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

11

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

ICAWC MRAP PARIS

ICAWC – ICC The Hague

ICAWC – Malakoff

Lawyers of ICAWC

ICAWC in the UN

ICAWC in South Africa

Mission in Gaza

ICAWC : with Oslo Complaint

ICAWC

International Coalition against War Criminals

icawc@icawc.net icawc@icawc.no

www.icawc.net

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