Editors:
Tackles the legal issue whether international justice mechanisms - including the ICC - can play a role in the light of the alleged crimes committed during the military operation on Gaza (December 2008-January 2009)
Contributions from leading academics in the field of international law and international criminal law and human rights experts
Includes legal documents which were produced as a follow up to the 'Goldstone Report' (The UN Fact Finding Mission on the Gaza Conflict)
Sheds a light on the difficult combination of law and politics that connotes international justice, in particular vis-à-vis the uncertain status of Palestine at the UN level
Includes supplementary material: sn.pub/extras
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Table of contents (17 chapters)
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Front Matter
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International Conference ‘Is There a Court for Gaza?’ 22 May 2009, Rome
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Front Matter
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The UN Fact Finding Mission on the Gaza Conflict and Follow-up at the International and Domestic Level
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Front Matter
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Gaza and the International Criminal Court The Legal Debate on the Admissibility of the Palestinian Declaration pursuant to Article 12(3) of the Rome Statute
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Front Matter
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Non Judicial Responses: The Russell Tribunal on Palestine
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Front Matter
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About this book
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level.
With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice.
Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
Editors and Affiliations
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, Law Faculty, University of Milan, Milan, Italy
Chantal Meloni
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, International Section, Lelio Basso Foundation, Roma, Italy
Gianni Tognoni
Bibliographic Information
Book Title: Is There a Court for Gaza?
Book Subtitle: A Test Bench for International Justice
Editors: Chantal Meloni, Gianni Tognoni
DOI: https://doi.org/10.1007/978-90-6704-820-0
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: T.M.C. ASSER PRESS, The Hague, The Netherlands, and the author(s) 2012
Hardcover ISBN: 978-90-6704-819-4Published: 16 March 2012
eBook ISBN: 978-90-6704-820-0Published: 13 March 2012
Edition Number: 1
Number of Pages: XIX, 594
Number of Illustrations: 257 b/w illustrations, 1 illustrations in colour
Topics: Dispute Resolution, Mediation, Arbitration, Sources and Subjects of International Law, International Organizations, Fundamentals of Law