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1. The ICC and Palestine: Breakthrough and End of the Road?

Author:
Pearce Clancy and Richard Falk
Publication Date:
09-2021
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
The recent ruling of the International Criminal Court (ICC) affirming territorial jurisdiction over the West Bank, including East Jerusalem, and the Gaza Strip may at first appear to be a mere procedural decision outlining the court’s authority to investigate Israeli criminality. Upon closer scrutiny, however, it is clearly much more: an indirect, yet far-reaching vindication of Palestinian resistance and struggle in the ongoing “legitimacy war” with Israel. These legal proceedings have momentous potential implications for broader accountability efforts, which could be significant over time, even if attempts to prosecute Israeli perpetrators are ultimately frustrated. This legal event already sheds light on both the limitations of the court and the legal and geopolitical challenges it faces in cases where suspected perpetrators wield significant influence in international political arenas. As of now, the ICC has gained credibility precisely because it has the institutional courage to take on the architects of Israeli criminality.
Topic:
Human Rights, International Law, Geopolitics, Accountability, International Criminal Court (ICC), and Oslo Accords
Political Geography:
Middle East, Israel, and Palestine

2. Disappointment at the United Nations: The Failure of the Palmer Report

Author:
Richard Falk
Publication Date:
10-2011
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
After the Israeli attack of May 31, 2010 on the Freedom Flotilla led by the Mavi Marmara, the UN Secretary General appointed a panel of inquiry to resolve the sharp legal dispute that had emerged between Turkey and Israel. The panel was chaired by Jeffrey Palmer, former Prime Minister of New Zealand, and it was hoped that the report issued would clear the diplomatic air between the two countries. In fact, the publication of the report in May had exactly the opposite effect, enraging Turkey, straining diplomatic relations still further. Turkey seemed fully justified in its response, given the departures from appropriate interpretations of international law. This commentary critically examines the process from the formation of the Palmer panel through the release of its conclusions, looking at the legal and political implications.
Topic:
United Nations
Political Geography:
Turkey and Israel

3. The Goldstone Report without Goldstone

Author:
Richard Falk
Publication Date:
08-2011
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
The Goldstone Report: The Legacy of the Landmark Investigation of the Gaza Conflict, edited by Adam Horowitz, Lizzy Ratner, and Philip Weiss. New York: Nation Books, 2011. vii + 426 pages. Index to p. 449. $18.95 paper FINALLY, the reading public has been provided with an edited text that makes possible a comprehensive understanding of the Goldstone Report (GR)—the investigation commissioned by the United Nations Human Rights Council (UNHRC) into war crimes allegations arising from the Gaza war (2008–09)— and the controversy that followed its release. Given the near certainty that no further official action will result from the report, without such a book the GR could well be removed to the vast graveyard of excellent UN reports prepared at great expense and effort, but which rarely see the light of day unless one is prepared to embark on a digital journey of frustration and discovery to track down the text and its necessary context online. Yet the GR, however discredited thanks to the tireless efforts of Israel and the United States, is a milestone in a number of ways, not least because its authoritative demonstration of the lawlessness of Israel's behavior in these attacks helps us understand why, at this stage of the conflict, the Palestinian struggle needs to rely on non-violent soft power coercion, as by way of the Boycott, Divestment, and Sanctions. The present volume, edited by Adam Horowitz, Lizzy Ratner, and Philip Weiss, offers not only substantial excerpts of the main body of the report, but also eleven solicited essays by expert commentators holding a range of views as well as an illuminating timeline of relevant events. All in all, the editors of The Goldstone Report have made an exemplary contribution to the ideal of an informed citizenship so crucial to the responsible functioning of a democratic society.
Topic:
Human Rights and United Nations
Political Geography:
United States, New York, Israel, Palestine, and Gaza

4. Forty Years after 242: A "Canonical" Text in Disrepute?

Author:
Richard Falk
Publication Date:
09-2007
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
This essay examines the consequences of the near-canonical status acquired over the years by UN Security Council Resolution 242. After tracing the evolution of the vision of peace seen to flow from 242, the essay explores the various ways in which the resolution has been read. In particular, the interpretation of Israel (backed by the United States) is examined, along with the balance of power factor. The essay concludes by suggesting that clinging to 242 as "canonical" inhibits clear-sighted thinking on new approaches that take cognizance of the greatly altered circumstances.
Political Geography:
America, Israel, and California