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    Human Rights and Alternative Legality in Israel and the Occupied Palestinian Territories.
    Federica D’Alessandra. 2014. “Human Rights and Alternative Legality in Israel and the Occupied Palestinian Territories.”. See full text.Abstract
    dalessandra_israelsaltlegality_utrecht.pdf
    This working paper focuses on the legal protection awarded to the Arab populations under Israeli jurisdiction.

     

    In analyzing their legal protection, the author distinguishes between Arab Israelis and other Arab populations resident in territories under Israeli jurisdiction. The author does not deal with Israeli settlements or other discriminating laws such as marriage laws and the family reunification laws, but focuses on anti-terrorism measures. The working paper is divided in three parts: in the first part, the author discusses Israel’s domestic obligations towards Arab Israelis and Palestinian residents, and their de facto discrimination. The second part discusses the applicability of the Fourth Geneva Convention to both the Occupied Palestinian Territories and Palestinian unlawful combatants. The third part discusses the applicability of human rights law to all territories under Israeli jurisdiction, and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The working paper concludes that many Israeli anti-terrorism measures (such as check-points, night searches of Palestinian households, administrative detentions and targeted executions of Palestinian militants) violate individuals’ rights protected under domestic and international law. Moreover, this working paper finds that Israel’s rationale underpinning the non-applicability of such legislation to the Arab populations under its jurisdiction constitutes a form of ‘alternative legality’ and discrimination.

    From Brexit to African ICC Exit: A Dangerous Trend
    Just Security. 10/31/2016. “From Brexit to African ICC Exit: A Dangerous Trend.” Just Security . Publisher's VersionAbstract
    Read the article by Fellow Luis Moreno Ocampo:

    Burundi, South Africa, and the Gambia are not violating international law merely by announcing their withdrawal from the Rome Statute that created the International Criminal Court. In accordance with Article 127 of the Rome Statute, they have every right to go.

    Contrary to what some commentators seem to believe, the ICC and the Rome Statute system will not disappear because of some withdrawals. The Statute can still function with 121 states or even less. Think about it this way: in 2003, I was appointed as ICC Prosecutor by 78 states. In those days, the Bush Administration was embarked on military operations in Iraq ignoring the position of the majority of the UN Security Council members, authorizing the use of torture, campaigning against the International Criminal Court and threatening states party of the Rome Statute with economic sanctions for not providing immunity for US troops. Despite those conditions, less than 100 states parties were able to provide the cooperation and support that the Court needed to function. Thirteen years later the system developed by the Rome Statute is a reality, part of international law’s landscape. Its existence is not at risk—its relevance, as with the relevance of international law to manage conflicts, is in question. Just Security produced three important opinions.

    Read the full post on Just Security.

    Fighting Terrorism - and the urge to ignore our basic American principles
    Alberto Mora. 8/5/2016. “Fighting Terrorism - and the urge to ignore our basic American principles.” The Washington Post. See full text.Abstract
    Op-Ed by Carr Center Senior Fellow Alberto Mora.
     
     

    In late 2002, the Naval Criminal Investigative Service uncovered evidence that detainees were being abused during interrogations at the Guantanamo Bay Naval Base. Concerned about the lawlessness and the professional incompetence of the interrogators, they sought out a senior attorney in the Defense Department’s office of general counsel. Nothing could be done, the attorney blandly informed them. “The decision has been taken,” he said, “and, anyway, if the public were to find out, no one would care.”

    Ezgi Yildiz

    Ezgi Yildiz

    Fellow

    Ezgi Yildiz is a Postdoctoral Fellow at the Carr Center, where she is affiliated with the Costs and Consequences of Torture Project. She holds a PhD in International Relations with a Minor in International Law (summa cum laude with distinction) from the Graduate Institute of International and Development Studies in Geneva, Switzerland. She conducts interdisciplinary research on international relations and international law, and specializes in international courts and human rights with a focus on the European Court of Human Rights, and the prohibition of torture and inhuman or degrading treatment. Her research has been funded by the Swiss National Science Foundation’s Doc CH and Early Postdoc Mobility grants. She was a Carr Center Fellow from 2017 to 2019. 

    ... Read more about Ezgi Yildiz

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    2016 Oct 10

    Executive Education Course: Leading Nonviolent Movements for Social Progress

    11:55am

    Location: 

    Online - Executive Education

    *OVERVIEW* Throughout history, social and political movements have had a significant impact on the world– shaking and shaping our society. In recent years, new social movements have stunned the world with their ability to spawn conversations, shape politics, and serve as a conduit for change. Many believed such accomplishments and results were impossible. Leading an effective nonviolent struggle demands new ways of thinking and strong collaboration among many diverse groups. The *Leading Nonviolent Movements for Social Progress [1]* executive program explores the conceptual...

    Read more about Executive Education Course: Leading Nonviolent Movements for Social Progress
    Donald Trump Raises Specter of Treason
    John Shattuck. 12/16/2016. “Donald Trump Raises Specter of Treason.” The Boston Globe .Abstract
    Read John Shattuck's Op-Ed in The Boston Globe: 

    A specter of treason hovers over Donald Trump. He has brought it on himself by dismissing a bipartisan call for an investigation of Russia’s hacking of the Democratic National Committee as a “ridiculous” political attack on the legitimacy of his election as president.

    Seventeen US national intelligence agencies have unanimously concluded that Russia engaged in cyberwarfare against the US presidential campaign. The lead agency, the CIA, has reached the further conclusion that Russia’s hacking was intended to influence the election in favor of Trump.

    Read the full Op-Ed in The Boston Globe.

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