Are our current legal systems fit to provide justice for Palestine?
“The geopolitical space that we are now in is very unstable, and I think Gaza has really opened people’s eyes to how fragile the current system is”.
Join Lara Bird-Leakey from The Britain Palestine Project talk to Mira Naseer, a Legal Officer for the International Centre of Justice for Palestinians (ICJP) who is currently working on the new Global 195 initiative.
The Global 195 is a worldwide legal coalition dedicated to holding accountable Israeli and dual national individuals alleged to have committed war crimes and crimes against humanity in Gaza.
Throughout the episode, Lara and Mira discuss the relationship between the ICJ Provisional Measures and domestic accountability mechanisms, how the UK has interpreted its obligations under the Genocide Convention, and how states' in the Global South are rising up together to uphold international law for Palestine.
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*DISCLAIMER: views shared are of the individual guests, and do not necessarily represent the position of The Britain Palestine Project.
PODCAST EXTENSION
�� International Law in Crisis with Mira Naseer
��️ Overview
This episode introduces the work of the International Centre of Justice for
Palestinians (ICJP) and the Global 195 initiative. Mira Nair explains how international
legal frameworks—especially the Genocide Convention and the Rome Statute—can
be operationalised through national jurisdictions to close accountability gaps in the
context of alleged war crimes in Gaza and the occupied Palestinian territories.
�� Key Themes
1. Fragmented Enforcement of International Law
ICJ and ICC mechanisms are vital but slow and limited in enforcement.
There is no “international police force” for ICJ rulings.
Domestic courts offer complementary and faster routes to justice.
2. Universal Jurisdiction and National Legal Action
National laws in countries like the UK can prosecute international crimes
committed abroad, especially where:
o Universal jurisdiction statutes are enacted.
o Domestic laws incorporate international treaties (e.g., UK’s
International Criminal Court Act 2001).
3. Global 195 Project
Coalition leveraging national legal systems to initiate prosecutions, especially
where international courts are stalled or inactive.
Current focus includes legal action against British citizens involved with the
IDF in Gaza and the West Bank.
Acts as a networked alternative enforcement mechanism.
4. Legal Instruments and Doctrines
Provisional Measures from the ICJ in the South Africa v. Israel case under the
Genocide Convention are binding.
Failure to act in prevention violates Article I of the Genocide Convention.
Accessory liability used to hold UK politicians accountable under domestic
law.
5. Political Double Standards
The UK government supports genocide designations in other contexts but
remains silent on Gaza.
The UK claims only courts can determine genocide—but this is not required
by international law.
6. Rise of the Global South
Countries like South Africa, Malaysia, and Bolivia are taking the lead in
redefining the international legal order.
The Hague Group exemplifies this movement—blocking arms transfers,
supporting ICC warrants, and refusing military-related docking.
�� International Legal Instruments Cited
United Nations Instruments
Genocide Convention (1948) – Especially Articles I & IX.
Charter of the United Nations (1945) – Establishes the ICJ.
Rome Statute of the International Criminal Court (1998) – Incorporated in UK
law via the ICC Act 2001.
Court Cases and Opinions
South Africa v. Israel (ICJ, 2024–2025) – Genocide case under the Genocide
Convention.
o Provisional Measures Order of 26 January 2024
o Provisional Measures Order of 28 March 2024
o Provisional Measures Order of 24 May 2024
Legal Consequences of the Israeli Practices in the Occupied Palestinian
Territory (ICJ Advisory Opinion, 2024) – Found Israel’s occupation unlawful.
o Summary of the Advisory Opinion of 19 July 2024
Bosnia v. Serbia (ICJ, 2007) – Serbia’s failure to prevent genocide at
Srebrenica. (para 276, 277, 425-450)
Advisory Opinion on the Construction of a Wall (ICJ, 2004) – Found the wall in
the West Bank illegal.
UK Legal Instruments
International Criminal Court Act 2001 – Incorporates Rome Statute into UK
law.
Export Control Act 2002 – Governs arms exports, subject to international law
constraints.
�� Further Reading & Resources
Books & Reports
William Schabas, Genocide in International Law: The Crime of Crimes
(Cambridge University Press).
Richard Falk, Palestine: The Legitimacy of Hope.
Al Haq Reports on Gaza and Occupied Palestinian Territories (Fieldwork and
monthly reports)
Legal and NGO Briefings
ICJP’s reports and legal briefings
Human Rights Watch and Amnesty International documentation on Gaza.
Redress and MADRE publications on gender-based international crimes.
Relevant Coalitions and Cases
The Hague Group – Nine countries implementing the ICJ Advisory Opinion
through national action.
Al-Haq & GLAN v. UK Government (UK High Court) – Judicial review of arms
transfers to Israel.
Podcasts and Webinars
Just Security webinars on Gaza and international law.
PILPG (Public International Law & Policy Group) podcasts on universal
jurisdiction.
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