with, this was more so a political ploy than a matter of factuality, given
that Palestine was under a League of Nations colonial mandate prior to
the creation of Israel.54
Furthermore, international criminal law, particularly the International
Criminal Court (ICC) and potential ad hoc tribunals, have the purported
potential to serve as a space where colonized peoples can hold their
colonizers accountable. Although this avenue is limited as it does not
consider colonization as a crime in and of itself, it still presents an
avenue to deal with the various crimes that perpetrators commit in a
colonial context, including the international crimes of forcible transfer
and apartheid.55 As such, it can be utilized in the case of Palestine to
hold accountable those accused of committing international crimes and
implement reconciliation measures amongst Palestinians and JewishIsraelis.
2.4. Past Case Studies of Decolonization
The UN, through its various mechanisms and committees, has made
multiple attempts to facilitate the decolonization of states and peoples
under colonial rule, with varying levels of success. The extent of success
(or failure) of past decolonization cases has almost always been directly
correlated with the level of political will and international mobilization.
This is because it is the application of legal principles and mechanisms
that determine their effectiveness, not their mere existence.
The UN’s intervention in the decolonization of the Democratic Republic
of the Congo, for example, is argued to have demonstrated how the UN
“had failed to exercise global governance free of [Great Power politics
54 See Kattan (n 48); Mandate for Palestine (n 48).
55 See Noura Erakat and John Reynolds, ‘We Charge Apartheid? Palestine and the International
Criminal Court’ (TWAILR: Reflections, 20 April 2020) <https://twailr.com/we-chargeapartheid-palestine-and-the-international-criminal-court/> accessed 5 April 2023.
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