Briefly Noted

2019 ◽  
Vol 58 (6) ◽  
pp. 1299-1302
Keyword(s):  
Gaza Strip ◽  
Humanitarian Aid ◽  
Trial Chamber ◽  
Criminal Court ◽  
Final Decision ◽  
State Party ◽  
The Government ◽  
The Gaza Strip ◽  
Union Of The Comoros ◽  
Israeli Defence Forces

On September 2, 2019, the International Criminal Court (ICC) Appeals Chamber delivered its judgment in the Situation on the Registered Vessels of the Union of Comoros, the Hellenic Republic and the Kingdom of Cambodia case, Case No. ICC-01/13 OA 2, and rejected the appeal filed by the ICC Office of the Prosecutor (OTP) of the ICC Pre-Trial Chamber I's decision on the November 15, 2018 “Application for Judicial Review by the Government of the Union of Comoros.” As noted in the ICC's press release, “a referral was received by the Office of the Prosecutor from the authorities of the Union of the Comoros, a State Party to the Rome Statute, in relation to an attack on 31 May 2010 by the Israeli Defence Forces on the Humanitarian Aid Flotilla bound for the Gaza strip. On 6 November 2014, the Prosecutor issued her decision not to investigate the attack. On 16 July 2015, Pre-Trial Chamber I, by majority, requested the Prosecutor to reconsider the 6 November 2014 decision not to investigate the attack. Subsequently, on 29 November 2017 the Prosecutor filed her decision, which she considered to be final, reaffirming her previous decision not to investigate the attack. On 15 November 2018, Pre-Trial Chamber I directed the Prosecutor to reconsider her decision of 6 November 2014 not to investigate the attack in light of the specific directions of the Pre-Trial Chamber's 16 July 2015 decision. The Prosecutor then appealed this decision.” The Appeals Chamber confirmed the Pre-Trial Chamber's decision, directing that the OTP must reconsider its decision regarding the Comoros referral by December 2, 2019. The Appeals Chamber found that the Pre-Trial Chamber “did not err in reviewing whether a decision of a Prosecutor that she considered to be ‘final’ subsequently to a first request for reconsideration does actually amount … to a proper ‘final decision.’” The Appeals Chamber did maintain that the “ultimate decision” regarding whether or not to initiate an investigation remains with the OTP.

The Applicability of the Laws of War to Judea and Samaria (the West Bank) and to the Gaza Strip

1990 ◽  
Vol 24 (3-4) ◽  
pp. 485-506 ◽  
Author(s):  
Nissim Bar-Yaacov
Keyword(s):  
Supreme Court ◽  
Gaza Strip ◽  
Geneva Convention ◽  
Laws Of War ◽  
The West ◽  
Full Agreement ◽  
The Supreme Court ◽  
The Hague ◽  
The Government ◽  
The Gaza Strip

In her instructive article, Professor Lapidoth discussed, inter alia, the applicability of the laws of war to the territories administered by the Israel Defence Forces since the Six Day War of 1967. Being in full agreement with Professor Lapidoth that from the legal standpoint the situation is in need of improvement, I wish to deal more extensively with two questions: (1) What is the position of the Government of Israel regarding the applicability to Judea and Samaria and to the Gaza Strip of the Hague Regulations of 1907 respecting the Laws and Customs of War on Land, and of the Fourth Geneva Convention of 1949 relative to the Protection of Civilian Persons in Time of War? (2) What is the position of the Supreme Court with regard to the applicability of the Regulations and the Convention to these territories.

The Politics of International Aid to the Gaza Strip

2012 ◽  
Vol 41 (4) ◽  
pp. 32-47 ◽  
Author(s):  
Tamer Qarmout ◽  
Daniel Béland
Keyword(s):  
Economic Development ◽  
Good Governance ◽  
Gaza Strip ◽  
Humanitarian Aid ◽  
International Aid ◽  
The Political ◽  
Palestinian Authority ◽  
Legislative Council ◽  
Political Interests ◽  
The Gaza Strip

International aid to the Palestinian Authority is conditioned in part on democratization and good governance. However, since Hamas's victory in the 2006 Palestinian Legislative Council elections and its takeover of the Gaza Strip, aid agencies have supported the international boycott of the Hamas government. This article argues that aid agencies, by operating in Gaza while boycotting its government, subvert their mandates and serve the political interests of donors and the PA rather than the humanitarian and development needs of Gazans. As a consequence, assistance has, inadvertently and unintentionally, increased Gazans' dependence on humanitarian aid, impeded economic development, and enabled Israel to maintain its occupation and the blockade of Gaza.

Enhancing participatory evaluation in a humanitarian aid project

Evaluation ◽  
2017 ◽  
Vol 23 (2) ◽  
pp. 134-151 ◽  
Author(s):  
Cristiano M. Rossignoli ◽  
Alberto Giani ◽  
Francesco Di Iacovo ◽  
Roberta Moruzzo ◽  
Paola Scarpellini
Keyword(s):  
Gaza Strip ◽  
Small Ruminants ◽  
Humanitarian Aid ◽  
Participatory Evaluation ◽  
Current Situation ◽  
Structural Approach ◽  
Post Conflict ◽  
Conflict Settings ◽  
The Gaza Strip ◽  
Insight Into

This article examines participatory evaluation of humanitarian aid projects in post-conflict contexts, through the presentation of a particular case: the evaluation of a project supporting herders and Bedouin communities breeding small ruminants in the Gaza Strip. The article analyses the current situation in the Gaza Strip, a unique humanitarian context, in order to gain insight into the value of participatory evaluation in post-conflict settings. The article analyses the participatory evaluation in order to understand how participation functions, what lessons can be learned and what outcomes can be generated. Finally, this experience demonstrates how participatory evaluation can work effectively in humanitarian settings despite the obvious constraints of conflict and post-conflict settings. Whilst participatory evaluation contributes to improving humanitarian-aid interventions, a more structural approach to participation is needed to achieve concrete and durable results.

درجـة توظيـف استراتيجيـات التعلـم الذكـي في مدراس التعليم العام الحكومية

2018 ◽  
Vol 5 (1) ◽  
pp. 41-78
Keyword(s):  
Learning Strategies ◽  
English Language ◽  
Academic Staff ◽  
Gaza Strip ◽  
Arabic Language ◽  
Educational Strategies ◽  
Smart Learning ◽  
Language Technology ◽  
The Government ◽  
The Gaza Strip

يهدف هذا البحث إلى التعرف على مستوى درجة توظيف استراتيجيات التعلم الذكي في مدراس التعليم العام الحكومية من وجهة نظر المعلمين، وكذلك الكشف عن الفروق في درجة توظيفها؛ تبعاً لمتغير تخصص المعلم: (رياضيات، علوم، لغة عربية، إنجليزي، تكنولوجيا، اجتماعيات)، بالإضافة إلى جنس المعلم: (ذكر، أنثى). واتبع الباحثان المنهج الوصفي التحليلي لمناسبته لمتغيرات البحث، وقد تكونت عينة البحث من (152) معلماً ومعلمة من العاملين في وزارة التربية والتعليم العالي الفلسطينية (قطاع غزة)، حيث طبقت عليهم أداة البحث وهي (استبانة)، والتي اشتملت على الاستراتيجيات التعليمية الإلكترونية المستخدمة في التعلم الذكي وعددها (23) استراتيجية، وتوصلت نتائج البحث إلى أن مستوى درجة توظيف استراتيجيات التعلم الذكي في مدراس التعليم العام الحكومية من وجهة نظر المعلمين كانت نسبتها (%52.162) وهي نسبة ضعيفة. بالإضافة إلى أنه لا يوجد فروق دالة إحصائية في مستوى توظيف استراتيجيات التعلم الذكي في مدراس التعليم العام الحكومية تعزى لمتغير جنس المعلم وتخصصه. The research aims at recognizing the degree of employing smart learning strategies at the governmental schools , according to the views of the academic staff. It also aims at revealing the differences of employing them pursuant to the variable of the teacher specialization ( Math, Science, Arabic Language, English Language, Technology, Social Studies), in addition to the gender of the teacher (Male/Female).Both of the researcher followed the descriptive analytical approach for its conformity with the research variables. The sample of the research consisted of (152) teacher employed by the Palestinian ministry of higher education in the Gaza Strip, A questionnaire was applied on them including electronic educational strategies used in the smart learning that amount to (23) strategy. The research finds that the degree of employing smart learning strategies in the government-run schools , amounts to (52.162%) which is a low rate. Besides, there are no statistical significant differences in employing the strategies of the smart learning at the government-run schools attribute to the gender of the teacher and his/her specialization.

The Practice and Case Law of Israel in Matters Related to International Law

1995 ◽  
Vol 29 (3) ◽  
pp. 506-543 ◽  
Author(s):  
Rotem M. Giladi
Keyword(s):  
International Law ◽  
General Framework ◽  
West Bank ◽  
Gaza Strip ◽  
Case Law ◽  
The West ◽  
Political Issues ◽  
Palestine Liberation Organization ◽  
The Government ◽  
The Gaza Strip

The Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (“the Interim Agreement”) represents another stage in the implementation of the framework established in the Declaration of Principles signed between the Government of Israel and the Palestine Liberation Organization (the “PLO”), commonly known as the “Oslo process”. In essence, the Interim Agreement provides for the establishment of self-government arrangements in the West Bank and the Gaza Strip, as envisaged in the Declaration of Principles, while explicitly superseding the arrangements which applied in the Gaza Strip and the Jericho Area since May 1994. In addition, the Interim Agreement provides for “direct, free and general political elections” to be held in the West Bank and the Gaza Strip.The aim of this section is to acquaint lawyers with the general framework of the Agreement, and the primary legal and political issues dealt with by the Interim Agreement, rather than to describe the specifics of each of its many provisions. Where required, reference will be made to the Declaration of Principles and to previous Agreements concluded between the Parties. At times, reference will also be made to the Camp David Framework of 1978.

Fieldnotes from Jerusalem and Gaza, 2009–2011

2012 ◽  
Vol 41 (2) ◽  
pp. 99-114
Author(s):  
Elena N. Hogan
Keyword(s):  
Gaza Strip ◽  
Humanitarian Aid ◽  
The Gaza Strip ◽  
And Control ◽  
East Jerusalem

Written by a humanitarian aid worker moving back and forth between the Gaza Strip and East Jerusalem over a two-year period (May 2009–June 2011), the observations in these “fieldnotes” highlight the two areas as opposite sides of the same coin. Israel “withdrew” from Gaza and annexed East Jerusalem, but both are subject to the same degree of domination and control: by overt violence in Gaza, mainly by regulation in East Jerusalem.

scholarly journals Comparing Israeli attacks towards Gaza Strip before and after Palestine's accession to the ICC

2020 ◽  
Vol 8 (12) ◽  
pp. 282-296
Author(s):  
Said Aldahshan
Keyword(s):  
Statistical Analysis ◽  
International Criminal Court ◽  
International Criminal ◽  
Gaza Strip ◽  
Criminal Court ◽  
The Other ◽  
Before And After ◽  
The Gaza Strip ◽  
Second Period ◽  
Made In

In order to search for any changes in the number and type of Israeli attacks on the Gaza Strip after Palestine’s accession to the International Criminal Court, a statistical analysis was conducted comparing five years before joining from 2010 to 2014 versus five years after accession from 2015 to 2019. By relying on official statistics issued by the human rights centers, the comparison was made in 1- the numbers and types of the victims 2- The targets that these attacks hit, and the researcher found, that there was a significant decrease in the number of dead, from (2730) in the first period it decreased to (436) in the second period, In contrast to the number of wounded, which rose from (13948) to (22165) in the second period due to the Great Return March. When comparing the ratio of the dead to the wounded in each period, it was found that it was proportional to (51) wounded, for every (10) dead, which increased dramatically and became (508) wounded for every (10) killed. On the other hand, the number of hit targets from (59155) to (23,464). And the category of targeting cars and motorcycles from (1311) became only (4), which is a percentage closer to zero in this category. All of this confirms that Israel has changed the number and type of its attacks against the Gaza Strip, and the nature of the objectives it intended in both quality and quantity after Palestine joined ICC.

Part 8 Appeal and Revision: Appel et Révision, Art.81 Appeal against decision of acquittal or conviction or against sentence/Appel d’une décision sur la culpabilité ou la peine

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Final Decision ◽  
Procedural Error

This chapter comments on Article 81 of the Rome Statute of the International Criminal Court. Article 81 deals with what might be called an appeal ‘on the merits’, in that it is addressed to a final decision of a Trial Chamber of either conviction or acquittal or, in the event of conviction, any subsequent decision governing sentence. Both the Prosecutor and the convicted person are authorized to appeal on grounds of procedural error, error of fact, or error of law. The accused person — or the Prosecutor, acting on the accused person's behalf — may invoke an additional ground: ‘Any other ground that affects the fairness or reliability of the proceedings or decision’.

Case No. ICC-RoC46(3)-01/18

2019 ◽  
Vol 113 (2) ◽  
pp. 368-375 ◽  
Author(s):  
Michail Vagias
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
State Party ◽  
Legal Personality ◽  
Territorial Jurisdiction ◽  
International Legal Personality

On September 6, 2018, Pre-Trial Chamber I of the International Criminal Court (ICC or Court) ruled by a majority—Judge Perrin de Brichambaut dissenting—that it has jurisdiction to hear cases concerning crimes that occurred only in part within the territory of a state party to the Rome Statute. In so ruling, the Court granted the ICC prosecutor's request to rule on jurisdiction and confirmed its territorial jurisdiction over the alleged deportation of Rohingya people from the territory of Myanmar (a state not party to the Rome Statute) to Bangladesh (a state party). The Court also affirmed unequivocally its objective international legal personality vis-à-vis non-party states and hinted strongly that the prosecutor should consider the possible prosecution of at least two additional crimes in connection with this situation.

scholarly journals Decision on the “Prosecution's Request for a Ruling on Jurisdiction Under Article 19(3) of the Statute” (Int'l Crim. Ct.)

2019 ◽  
Vol 58 (1) ◽  
pp. 120-159 ◽  
Author(s):  
Sarah Freuden
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
State Party ◽  
Territorial Jurisdiction ◽  
Preliminary Examination

On September 6, 2018, Pre-Trial Chamber I of the International Criminal Court (Court) issued its “Decision on the ‘Prosecution's Request for a Ruling on Jurisdiction Under Article 19(3) of the Statute.’” The decision is notable both for the procedural posture—the Prosecution submitted its request prior to opening a preliminary examination—and the majority's conclusion that the Court may exercise territorial jurisdiction over alleged deportation from Myanmar, a nonstate party to the Rome Statute of the International Criminal Court (Rome Statute or Statute), to a state party, Bangladesh.

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