#intlaw NEW ARTICLE: "The ICC Issued Arrest Warrants Against Netanyahu, Gallant, and Hamas’ Commander-in-Chief Deif: What Next?" Where I discuss 3 issues: 1 scope of charges re. Netanyahu&Gallant; 2 personal immunities of N.; 3 double standards. LINK (OPEN ACCESS) www.rivistaoidu.net/wp-content/u... - ThreadSky

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luigiprosperi.bsky.social • 77 days ago

#intlaw NEW ARTICLE: "The ICC Issued Arrest Warrants Against Netanyahu, Gallant, and Hamas’ Commander-in-Chief Deif: What Next?" Where I discuss 3 issues: 1 scope of charges re. Netanyahu&Gallant; 2 personal immunities of N.; 3 double standards.
LINK (OPEN ACCESS) https://www.rivistaoidu.net/wp-content/uploads/2024/12/OIDU-CPI-5-2024-11.pdf

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luigiprosperi.bsky.social•77 days ago

Thanks to scholars whose views I quoted/engaged with:
@oonahathaway.bsky.social
@adhaque.bsky.social
@jseskau.bsky.social
@sevslv.bsky.social
@alonso-gd.bsky.social
@itallgren.bsky.social
& others including Rob Nixon, Triestino Mariniello, KJ Heller, Mariagiulia Giuffrè, Alessandra Spadaro.

luigiprosperi.bsky.social•77 days ago

as to the points I make in the article:
1. the OTP should (have) take(n) this opportunity to set aside its current prosecutorial policies and expand the scope of charges to encompass "slow" or structural violence. Examples: a) effects of the blockade of Gaza, b) destruction of buildings in Gaza;

luigiprosperi.bsky.social•77 days ago

2. although I personally share the concerns of many scholars, there's consistent practice of the ICC regarding the non-applicability of personal immunities. However they feel about the decisions, States parties shall respect and enforce them independently of who's the suspect. In fact, ...

luigiprosperi.bsky.social•77 days ago

3. ...many of the states that have voiced their concerns regarding personal immunities of Netanyahu did not raise the same concerns a year and a half ago, when an arrest warrant was issued against Putin. This is very problematic and raises the issue of double standards in the enforcement of the law.

luigiprosperi.bsky.social•77 days ago

One last point: personal immunities are as such "temporary", being attached to the position. Netanyahu's govt may collapse tomorrow, and he may even be brought before an Israeli court. For the time being: 1) he's a fugitive, and 2) this could be leveraged by other states to force him to negotiate.

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