PALESTINE’S LEGAL SCENE –Issue.244

Your weekly survey of the most important publications and activities related to Palestine and law, from local and international sources

1 – 7 September 2024

Issued every Sunday by Law for Palestine

Prepared by: : Razwan Issa, Nour Kharouf, Arwa Abdel Moniam

 Translation: : Sundus Alfararja and Um Kulthoom Sharif

Editing: Haneen Shaath

This weekly report reviews the legal dynamics of the Palestine question, and everything related to international law and Palestine. The report includes an account of the most important publications, activities and conferences related to Palestine at the local, regional, international levels. The report further covers decisions, decrees, and judicial orders affecting the Palestinian cause, whether made at the official, academic or public levels. The report aims to be a reference for monitoring, documenting and archiving the latest human rights developments related to Palestine, and to present them to individuals, researchers, study centers, and official, academic and legal institutions concerned.

To view this Issue of Palestine’s Legal Scene, please click here (5 minutes read)

Judicial decrees, decisions, positions, and orders issued by official Palestinian bodies:

• The Palestinian Ministry of Foreign Affairs and Expatriates describes the ongoing incitement by extremist Israeli ministers Bezalel Smotrich and Itamar Ben-Gvir against Palestinian citizens as an extension of the war of genocide and displacement. The Ministry stated that Ben-Gvir is calling for more weapons to be distributed to settlers and for control over Palestinian lands, while Smotrich seeks to shrink Gaza’s area and displace its residents. The Ministry called on the international community to take action and impose sanctions against them. Furthermore, it stressed that the international community’s failure to enforce a ceasefire has given Israeli Prime Minister Benjamin Netanyahu the opportunity to prolong the war and impose new realities in Gaza. The Ministry also stated that Netanyahu’s policies aim to expand the circles of violence to include the West Bank. (September 1/2, 2024)
• The Commission of Detainees Affairs and the Palestinian Al-Aseer Club reported that the Israel Prisons Service had canceled visits to detainees in Nafha and Raymond prisons, citing quarantine measures due to a scabies outbreak. The Commission and the Club confirmed that the disease has spread extensively among detainees in several prisons, including Negev and Megiddo, as a result of retaliatory measures by the prison service, such as poor hygiene, reduced water supplies, and inadequate cleaning materials. They also indicated that the Prisons Service deliberately committed crimes by depriving detainees of medical treatment and transferring infected individuals between sections, which contributed to the wider spread of the disease. (September 3, 2024)
• The Palestinian Ministry of Foreign Affairs and Expatriates emphasized that Israeli Prime Minister Benjamin Netanyahu’s use of a map that includes the West Bank as part of Israel clearly reflects the colonial and racist agendas of the far-right government, as well as disregard for international legitimacy and its resolutions. The Ministry called on the international community to take urgent action to implement the advisory opinion of the International Court of Justice (ICJ) to protect the two-state solution and ensure the rights of Palestinians. (September 3, 2024)
• The official Palestinian media condemned the Israeli occupation forces’ targeting of journalists, particularly those from the Wafa News Agency, during the ongoing aggression in the northern West Bank. It called on the International Federation of Journalists to provide protection to journalists. (September 3, 2024)
• Palestinian Ambassador to the United Kingdom Husam Zomlot stated that “the UK government should go ahead and exclude Israel from the exports of all military equipment especially those used in the F-35 jet fighter, which has sowed destruction and rained death on the people of Gaza”. (September 5, 2024)
• The Palestinian National Council condemned the execution of the US-Turkish activist, Ayşenur Ezgi Eygi, who was shot in the head in the town of Beita south of Nablus. The Council noted that this attack reflects the racist nature of the occupation, targeting innocent individuals and those who stand in solidarity with the Palestinian people. (September 6, 2024)
• The Palestinian Ministry of Foreign Affairs and Expatriates condemned the execution of 13-year-old Bana Amjad Baker by Israeli occupation forces during a settler militia attack on the village of Qaryut, south of Nablus. The Ministry viewed this crime as an atrocious example of the massacres committed by Israeli forces against Palestinian civilians and called on the international community to take responsibility by pressuring Israel to curb settler violence and halt all settlement activities. (September 6, 2024)

Judicial decrees, decisions, positions, and orders issued by official Israeli bodies:

• A report published by the Hebrew newspaper “Ynet” revealed amendments made by Israeli Prime Minister Benjamin Netanyahu to the U.S.-backed hostage deal proposal submitted on July 27, 2024. The amended document shows Netanyahu’s request for a permanent Israeli military presence along the Philadelphi Corridor and changes to plans regarding the Rafah crossing. It also outlines new conditions, including no-full-withdrawal from the corridor and the inspection of civilians returning to Gaza. (September 3, 2024)
• Israeli Prime Minister Benjamin Netanyahu stated that Hamas will pay a very heavy price following the retrieval of six hostages’ bodies by the Israeli army. He noted that Israel’s goals in this war include eliminating Hamas, returning all of the hostages, and ensuring that Gaza never again constitutes a threat to Israel. He added that “three of these goals pass through one place: The Philadelphi Corridor. This is Hamas’s lifeline and armament line”. (September 3, 2024)
• The Israeli army claimed that during a security operation near the Beita area (southeast of Nablus), the forces fired at a “main instigator” of violent activity who was throwing stones and posing a threat. The army noted that it is investigating reports of the killing of a foreign national as a result of the shooting in the area and is reviewing the details and circumstances surrounding the incident. (September 6, 2024)

Judicial decrees, decisions, positions, and orders issued by Arab, European, and international bodies:

• UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories, Francesca Albanese, called for the immediate deployment of international protection in the occupied Palestinian territories to stop massacres, wanton destruction, and forced displacement. She emphasized that the widespread devastation launched by the Israeli army in Jenin and other parts of the northern West Bank, where Hamas is not ruling, highlighted that Hamas is being used as a last excuse to wreak the Palestinian territory havoc. (September 1, 2024)
• The State of Qatar condemned the ongoing Israeli onslaught on the city of Jenin and its refugee camp in the occupied West Bank, considering it an extension of the continuous heinous and horrific crimes of the occupation in the Gaza Strip. It stressed the need for the international community to urgently provide the Palestinian people with the necessary protection and to hold Israel accountable for its crimes. Meanwhile, Jordan’s King Abdullah II underscored Jordan’s rejection of any attempts to displace Palestinians in the West Bank and Gaza. (September 1/2, 2024)
• UNRWA Commissioner-General Philippe Lazzarini stated that more than 70% of UNRWA schools in Gaza have been destroyed or damaged, and the vast majority of them are now overcrowded shelters with hundreds of thousands of displaced families and cannot be used for learning. He added that “more than 600,000 children are deeply traumatized, living in the rubble. They continue to be deprived of learning.” He warned that “The longer children stay out of school, the higher the risk of a lost generation”. (September 2, 2024)
• The UK government announced the suspension of around 30 arms export licenses to Israel, citing concerns that these exports could potentially be used in violations of international humanitarian law during military operations in Gaza. The government clarified that this suspension does not affect the UK’s ongoing support for Israel’s security, including its commitment to the F-35 aircraft program. It noted that the decision will remain under review. (September 2, 2024)
• UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories, Francesca Albanese, stated that “Israel’s genocidal violence risks leaking out of Gaza and into the occupied Palestinian territory as a whole,” referring to Israeli attacks in the West Bank. She emphasized that the continuous incitement by Israeli leaders, alongside actions by armed settlers, aims to exclude Palestinians as a national group. She called for immediate international intervention to end genocide, ensure accountability, and end Israel’s colonisation of Palestinian territory. (September 2, 2024)
• In a statement issued following his visit to the Gaza Strip, UN Special Coordinator for the Middle East Peace Process, Tor Wennesland, stated that “The scale of destruction is immense and the humanitarian needs are colossal and soaring.” He noted “Every day that passes puts more lives in danger.” He reiterated his call “for an immediate humanitarian ceasefire” and urged “all sides to reach an agreement that will bring about an immediate release of all hostages and a humanitarian ceasefire.” (September 2, 2024)
• The US Justice Department has charged six senior Hamas leaders for their alleged role in planning and executing the “terrorist atrocities” that took place on October 7, 2023. The charges include terrorism, conspiracy to provide material support to a foreign terrorist organization, conspiracy to commit terrorist acts causing death, and conspiracy to use weapons of mass destruction. The statement noted that investigations by the Federal Bureau of Investigation (FBI) are ongoing and that the Department is committed to prosecuting all those responsible for these crimes. (September 3, 2024)
• White House National Security Communications Advisor John Kirby stated efforts are underway to reach an agreement for the release of remaining hostages and to provide significant humanitarian aid to Gaza. He noted that the United States remains in active negotiations and that ongoing adjustments are being made to the proposed solutions. Kirby explained that it is currently impossible to predict the outcomes of these negotiations, but the three main objectives for the United States are to secure the release of hostages, provide humanitarian aid, and end the fighting. Additionally, Kirby addressed efforts for the polio vaccination campaign in Gaza, stressing the urgent need for an immediate ceasefire, as the situation in Gaza is catastrophic, with increasing cases of polio. (September 3-5, 2024)
• UNRWA Commissioner-General Philippe Lazzarini condemned the ongoing destruction and violence in Jenin for over six days, including civilian casualties and severe damage to infrastructure. He pointed out that “residents have limited access to food, water, and medicine,” noting that “UNRWA is working with humanitarian and local partners to deliver urgently needed aid.” He called for “the immediate protection of civilians across the West Bank, including in the north.” (September 3, 2024)
• The UN Office for the Coordination of Humanitarian Affairs (OCHA) has warned about the use of deadly military tactics, including airstrikes, by Israeli forces in the West Bank, which has resulted in death, injuries, displacement, and denial of access to essential services. It confirmed that 120 people, including more than 40 children, have been displaced after their homes were destroyed. Additionally, 13.000 people in the Nur Shams refugee camp have suffered water cut-offs due to damage to the water network. (September 3, 2024)
• UN Secretary-General António Guterres commended the polio vaccination efforts in Gaza, noting that “the polio pauses are a rare ray of hope and humanity.” He added that “Gaza has become synonymous with relentless bloodshed” and reiterated his call for an immediate ceasefire. (September 3, 2024)
• The World Health Organization (WHO) announced the completion of the first phase of the polio vaccination campaign in the Gaza Strip, with over 187,000 children under the age of ten vaccinated. The organizationemphasized the need for a continued pause to carry out the remaining phases of the vaccination campaign, warning that otherwise, they will fail to protect Gaza’s children and put others at risk. (September 4, 2024)
• UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories, Francesca Albanese, criticized the behavior of Israeli soldiers, noting that many of them behave like thugs in their attacks on defenseless Palestinians. She noted that “this is nothing new” and diplomats in Jerusalem and Ramallah were aware of it, while those in Tel Aviv ignored it. She highlighted that these soldiers “should be held accountable and instead they are celebrated as heroes, in Israel and even some western societies.”
• During a UN Security Council session, Under-Secretary-General for Political and Peacebuilding Affairs Rosemary DeCarlo reiterated the need for an immediate ceasefire in the Gaza Strip and a massive scale up of humanitarian aid. She noted that nearly a year has passed since the start of the war on Gaza and more efforts are needed to reach a ceasefire agreement. ( September 4,2024)
• The European Union announced a short-term emergency financial support amount of €122.5 million for the Palestinian Authority (PA). The EU explained that the support includes €38.5 million for the paying salaries and pensions of the civil servants in the West Bank, and €84 million through a credit line to the Palestine Monetary Authority. (September 5, 2024)
• The Office of the High Commissioner for Human Rights (OHCHR) expressed concern over another airstrike on the internally displaced person (IDP) tents outside Al-Aqsa Hospital in Deir al-Balah, one of the last major hospitals functioning in Gaza. The Office reported that at least five Palestinians were killed and fifteen others, including children, were injured It added “We are concerned that the Israeli military’s measures to protect civilians remain drastically inadequate.” (September 5, 2024)
• UNRWA Commissioner-General Philippe Lazzarini stated “It is a standard for international journalists to cover conflicts & wars. Not in Gaza.” He added “For nearly 11 months now, international media crews have been banned from freely entering, reporting on the humanitarian crisis and impact of the war.” Lazzarini emphasized that international media access to Gaza is a must. (September 5, 2024)
• In an interview with the BBC, The chief prosecutor of the International Criminal Court (ICC) Karim Khan revealed that he had faced pressure from some world leaders to avoid issuing arrest warrants against Israeli officials. He said “several leaders and others told me and advised me and cautioned me.” Khan emphasized the importance of demonstrating that the court will hold all nations to the same standard concerning alleged war crimes. He welcomed the new UK government’s decision to drop its opposition to the arrest warrants. (September 5, 2024)
• The Food and Agriculture Organization of the United Nations (FAO) issued a guideline titled “Understanding the status of land rights for sustainable reconstruction of the Gaza Strip and the West Bank.” The document highlighted significant challenges related to land rights and agricultural livelihoods amid the ongoing conflict. The guideline noted that the destruction caused by hostilities, particularly in Gaza, has severely impacted agricultural lands and displaced millions, leading to food insecurity in the region. Key recommendations included documenting land and property losses and providing legal representation to address land disputes. (September 6, 2024)
• The Turkish Ministry of Foreign Affairs condemned the killing of US-Turkish citizen Ayşenur Ezgi Eygi by Israeli occupation forces while she was expressing solidarity with Palestinians in Nablus, West Bank. The Ministry noted that Israel is attempting to intimidate those who support the Palestinian people and peacefully oppose the genocide. It affirmed that the Israeli authorities who commit crimes against humanity and those who unconditionally support them will be held accountable in international courts. The White House expressed that it is “deeply disturbed” by her death and called on Israel to investigate the killing. The Egyptian Ministry of Foreign Affairs also condemned the incident, emphasizing that the international community faces a moral dilemma due to the atrocities committed in the occupied Palestinian territories. (September 7, 2024)

Publications of human rights NGOs:

• A legal brief submitted by a group of students from the Faculty of Law at the University of Antwerp, Belgium, called on the university to take effective measures to ensure full compliance with Belgium’s obligations under international law. This includes ending cooperation with academic institutions involved in violations and refraining from initiating any new collaborations with Israeli universities until the violations are ended. (August 30, 2024)
• Médecins Sans Frontières/Doctors Without Borders (MSF) reported that “only 16 hospitals out of 36 are still functioning in Gaza,” calling on all parties to protect the remaining hospitals. (September 1, 2024)
• The Palestinian Red Crescent Society (PRCS) expressed deep concern regarding the dismantling of humanitarian space by Israeli occupation forces during the incursion into Jenin. The PRCS stated that the occupation forces impeded the PRCS medical mission and targeted ambulances, resulting in the injury of paramedics and a volunteer doctor. (September 2, 2024)
• Churches for Middle East Peace (CMEP) condemned the escalating violence perpetrated by Israeli settlers in the occupied West Bank and the ongoing illegal confiscation of Palestinian lands. The organization noted that recent weeks have seen a disturbing increase in settler aggression throughout the West Bank. (September 2, 2024)
• The Palestinian Journalists Syndicate (PJS) condemned the Israeli occupation army’s targeting of a group of journalists in downtown Jenin with live ammunition, in addition to attempts by occupation vehicles to run over some of them. The Syndicate emphasized that these practices reflect a systematic decision to kill journalists and demonstrate organized criminal behavior by the occupation forces. (September 2-3, 2024)
• Birzeit University confirmed that the Israeli occupation forces’ raid on its campus at dawn on Tuesday, September 3, 2024, including assaulting the university guards and handcuffing them at gunpoint, as well as tampering with the Student Council’s contents and confiscating its property, is part of a systematic policy aimed at sabotaging educational life in Palestine and targeting students and faculty. The university called on international human rights and academic institutions to support its endeavor to fulfill its educational mission and hold the occupation accountable for its crimes. (September 3, 2024)
• 7amleh – the Arab Center for the Advancement of Social Media – published a position paper titled “The War on Gaza: An Analytical Reading of the Consequences and Impacts on Digital Safety among Palestinian Youth.” The paper tackles the effects of digital violations led by Israel and their impact on Palestinian youth’s sense of security, as modern technology was employed to serve the Israeli military establishment, which led to an escalation of violations of the digital rights of Palestinians. (September 3, 2024)
• GLAN and Al-Haq announced the continuation of legal proceedings against the UK government due to its decision to partially restrict arms exports to Israel, with the exception of components for the F-35 aircraft. The government confirmed the suspension of arms intended for Gaza due to violations of international humanitarian law, while excluding the West Bank. The two organizations demanded a complete cessation of arms exports, presented evidence of Israel’s violations, including the use of torture, and announced a hearing next November to review previous government decisions. (September 3, 2024)
• EU trade law experts Takis Tridimas and Panos Koutrakos affirmed that Ireland had full right to pass the Occupied Territories Bill to ban trade with illegal Israeli settlements. In their legal opinion, they noted that the Bill had become “necessary” based on previous judicial rulings that allowed member states to deviate from EU laws to protect fundamental rights. A new campaign involving civil society organizations and political unions has been launched to advance the Bill. (September 3, 2024)
• Human Rights Watch, along with dozens of other international and US organizations, sent a joint letter to President Joe Biden urging an immediate suspension of arms transfers to Israel. The letter highlighted the catastrophic impact of attacks using US-made weapons on civilians on the occupied Gaza Strip, which constitute clear and repeated violations of international law and U.S. policy. (September 3, 2024)
• Human rights organizations, including Al Mezan, the Palestinian Center for Human Rights (PCHR), and Al-Haq, accused Israel of deliberately hampering the delivery of humanitarian aid to Gaza as part of its genocide campaign against Palestinians. The organizations noted that the United States, as Israel’s largest supporter in the ongoing genocide, is obligated under its international commitments to use its significant influence to end the genocide by reinstating funding to UNRWA, imposing a two-way arms embargo on Israel, and forcing Israel to open land crossings and agree to an immediate ceasefire. (September 4, 2024)
• DAWN has provided detailed evidence to the US Departments of Treasury and Justice demanding the closure of four websites owned by Israeli extremist Benzion Gopstein, including the official website of the “Jewish Power” Party led by Israeli National Security Minister Itamar Ben-Gvir, due to their promotion of violence and extremism against Palestinians. (September 4, 2024)
• Amnesty International called for an investigation into the Israeli military campaign to significantly expand the “buffer zone” along the eastern perimeter of the Gaza Strip, considering this campaign as war crimes, including wanton destruction and collective punishment. The organization noted the destruction of homes, agricultural lands, and vital infrastructure, which has severely impacted Palestinian lives. It reported a pattern of systematic destruction in the area, emphasizing that the destruction was not a result of intense fighting but rather the Israeli military deliberately razed the land after they had taken control of the area. (September 5, 2024)
• DAWN filed a complaint against the US State Department in Federal Court in Washington D.C to compel it to release documentation related to the “Israel Leahy Vetting Forum” (ILVF), a forum dedicated to reviewing credible allegations of gross human rights violations against Israeli security forces. (September 5, 2024)
• The International Crisis Group published a report titled “Stemming Israeli Settler Violence at Its Root,” which addressed the escalation of settler violence against Palestinians in the West Bank, the Israeli government’s support for settlement enterprise, and settler cooperation with the military. The report recommended imposing sanctions on violent settlers and their supporters, and restricting the sale of weapons used in violation of international law, to increase the costs of Israel’s support for the settlement enterprise. (September 6, 2024)

Opinion Pieces and features:

• Truthout published an analytical article by Ciudong Ng titled “Israel Has Built an Economy Fueled by Genocide at Home and Abroad.” (September 1, 2024)
• Mondoweiss published an article by Amna Shabana titled “One Child’s Journey through Genocide: The Story of Tala Dallul.” (September 1, 2024)
• +972 Magazine published an article by Meron Rapoport titled “‘This is also America’s war’: Why the U.S. isn’t stopping Israel’s Gaza onslaught”. (September 2, 2024)
• The ODI Research Foundation published an article by Sultan Barakat and Paul Porteous titled “Gaza and the ‘day after’ – international protection for reconstruction”. (September 2, 2024)
• The Jewish Independent published an analysis by Ben Lynfield titled “Pressure builds to turn West Bank into ‘Gaza War 2’”. (September 3, 2024)
• Mondoweiss published an Op-Ed by Samah Jabr titled “The indignities of humanitarian aid in Gaza”. (September 3, 2024)
• The Middle East Monitor published an article by Ramona Wadi titled “Invoking international law to shield genocide and Complicity in genocide”. (September 3, 2024)
• CounterPunch published an article by Melvin Goodman titled “Israeli Treatment of Palestinians Remains Unchanged Over 75 Years”. (September 3,2024)
• Mondowesis published an analytical article by James North titled “From reading the NY Times you would think Gaza’s polio outbreak was just a natural disaster”. (September 3, 2024)
• Al-Hadaf News published an article by Alan Alam Aldeen  titled “Towards the Liberation of Human Societies from Colonial Institutions”. (September 3, 2024)
• Vashti published an article by A. Bustos titled “How Britain paved the way for a century of Zionist colonialism”. (September 4, 2024)
• Mondoweiss published an opinion piece by Abdaljawad Omar titled “Testing the boundaries for ethnic cleansing in the West Bank”. (September 4, 2024)
• Al Jazeera Arabic published a blog by Ayoub Al-Rimi titled “How Britain Uses Anti-Terrorism Law to Suppress Palestine Supporters”. (September 5, 2024)
• EJIL: Talk! published an article by David Keane titled “A Missed Opportunity: The Decision in Palestine v Israel.” (September 5, 2024)
• Mondoweiss published an opinion article by David Spero titled “Contrived charges of antisemitism are the new ‘Red Scare’” (September 5, 2024)
• The Guardian published an opinion piece by Devi Sridhar titled “Scientists are closing in on the true, horrifying scale of death and disease in Gaza.” (September 5, 2024)
• DECLASSIFIED UK published an editorial titled “Will UK Ministers Now Be Held Liable for War Crimes?”. (September 5, 2024)
• Mondoweiss published an opinion by Mitchell Plitnick titled “The genocide in Gaza is as American as it is Israeli. The U.S. won’t stop it.” (September 6, 2024)
• +972 published an article by Jessica Buxbaum titled “Under cover of war, Israel is demolishing home after home in Silwan.” (September 6, 2024)
• Opinio Juris published a legal analysis by Jinan Bastaki under the title “The Occupation is Illegal. Now What?”. (September 6, 2024)

Legal Achievements/Impacts for Palestine:

• The Palestinian Boycott National Committee (BDS) confirmed that the MV Kathrin did not dock in Angola, meaning that “no Southern African state has given harbour to the vessel carrying military supplies to apartheid Israel.” (September 5, 2024)

Human rights conferences and events:

• Students at Columbia University organized a sit-in on the first day of classes to demand the university divest from Israel in solidarity with Gaza. The students noted that the university administration is attempting to suppress their right to peaceful protest, but they affirmed their determination to continue mobilizing and pressuring for their demands. (September 3, 2024)
• Boğaziçi University’s Faculty of Law in Istanbul hosted an international conference titled “Rethinking International Law After Gaza.” The conference brought together over 100 international lawyers from various countries to discuss the humanitarian crisis in Gaza and how it has been handled by international legal mechanisms. (September 5, 2024)
• The Palestine Solidarity Campaign (PSC) called on the London CIV conference, which manages public sector pension funds in London, to fully divest from investments in Israel. This call was made during a protest outside the conference, where the campaign urged London CIV to uphold the values of “responsible investment” in light of the Israeli genocidal attacks on Palestinians. (September 6, 2024)
• The Palestinian Feminist Collective launched a petition calling for the immediate and unconditional release of Palestinian political prisoner and feminist activist Khalida Jarrar, who has been held in Israeli occupation prisons without charges since December 26, 2023, and is currently in solitary confinement. The petition emphasized that the Zionist regime has used detention as a tool of colonial violence, targeting Palestinians with mass arrests and administrative detention.

Upcoming human rights opportunities and events

• 7amleh – The Arab Center for the Advancement of Social Media has announced a digital seminar to discuss the findings of the research “Digital Safety among Palestinian Youth in the West Bank and Jerusalem” and “Digital Safety among Palestinian Youth in the Occupied territories.” This comes in light of the ongoing restrictions on freedom of expression and the increasing challenges faced by Palestinian youth. The seminar will take place on Wednesday, September 11, at 7:00 PM Jerusalem time. To register, click here. (September 2, 2024)