PALESTINE’S LEGAL SCENE –Issue.247

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

22 – 28 September 2024

Issued every Sunday by Law for Palestine

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

 Translation: Maissaa Abdelqader and Mai Shaheen

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 condemned the Israeli occupation forces’ raid on the city of Ramallah and the closure of Al Jazeera’s office, as well as the continued closure of Palestine TV’s office in Jerusalem for the fourth year, preventing its crews from working and arresting some of them. The ministry considered these violations a breach of international law and press freedom, calling on the international community to implement UN resolutions and end the occupation. (September 22, 2024)
• In his speech before the 79th session of the United Nations General Assembly, Palestinian President Mahmoud Abbas called for the implementation of the General Assembly’s resolution concerning the legal advisory opinion issued by the International Court of Justice (ICJ) on ending the Israeli occupation of Palestinian territories. He also demanded a comprehensive and permanent ceasefire in Gaza and an end to Israeli military and settler violence in the West Bank and East Jerusalem. Abbas emphasized that the State of Palestine will exercise full sovereignty over the Gaza Strip and will undertake its reconstruction, asserting that the crimes committed by Israel will not go unpunished and will not be subject to a statute of limitations. He also called for international protection for Palestinians in the occupied territories. (September 26, 2024)

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

• The office of Israeli Prime Minister Benjamin Netanyahu denied reports about a ceasefire or a de-escalation of fighting in the north. It clarified that the news about a ceasefire was merely a U.S.-French proposal, and the Prime Minister has not made any decisions yet. The statement also added that military operations in Gaza will continue until all war goals are achieved, directing the Israeli army to continue fighting with full force according to the plans presented to them. (September 26, 2024)
• In his speech before the United Nations General Assembly, Israeli Prime Minister Benjamin Netanyahu declared that the UN had become a “contemptuous farce.” He argued that decisions made by international institutions against Israel, as well as the swift action by the International Criminal Court’s prosecutor in issuing arrest warrants for Israeli leaders, is “pure anti-Semitism.” Netanyahu asserted that the war in Gaza could end immediately if Hamas surrendered, laid down its arms, and released all hostages. He stated, “But if they don’t, we will fight until we achieve victory. Total victory. There is no substitute for it.” (September 27, 2024)

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

• During his meeting with the UN Secretary-General António Guterres, the Secretary-General of the Gulf Cooperation Council (GCC), Jasem Mohamed AlBudaiwi, emphasized the importance of a role for the international community to support the execution of UN resolutions regarding the Palestinian issue. (September 22, 2024)
• UN Secretary-General António Guterres forcefully rejected the Israeli allegations that UNRWA supports Hamas. Guterres stated that any support Hamas received at certain times, it came not from UNRWA, but from Israel, which in the past sought to develop Hamas to fragment the Palestinian leadership. He emphasized that if there is any entity lacking the moral authority to attack UNRWA, it is Israel. (September 22, 2024)
• Australian Foreign Minister Penny Wong announced her country’s intention to provide an additional 10 Million AUD in response to the humanitarian crisis in the Gaza Strip and the West Bank. The funding will go to UNICEF and the United Nations Population Fund (UNFPA) to provide life-saving assistance. She stated that Australia will continue to push for safe, rapid, and unimpeded humanitarian access in Gaza. (September 23, 2024)
• In a statement, the principals of the Inter-Agency Standing Committee (IASC) called for an end to “the appalling human suffering and humanitarian catastrophe in Gaza”. They urgently called for a sustained, immediate and unconditional ceasefire as “the only way to end the suffering of civilians and save lives.” The Committee urged world leaders to use their influence to ensure respect for international humanitarian law, human rights law, and the rulings of the ICJ through diplomatic pressure and cooperation to end impunity. (September 23, 2024)
• Jordanian Minister of Foreign Affairs Ayman Safadi alongside his Swiss counterpart Ignazio Cassis discussed efforts to stop the Israeli aggression on the Gaza Strip and the serious escalation in the occupied West Bank. They emphasized the importance of ensuring adequate and sustainable humanitarian aid access to all parts of the Gaza Strip. According to the Jordanian Ministry of Foreign Affairs, the two ministers stressed the need to mobilize the necessary international support for UNRWA to ensure it continues providing its vital services to over 5.9 million Palestinian refugees in its five areas of operations. (September 24, 2024)
• In his speech to the United Nations General Assembly, Turkish President Recep Tayyip Erdoğan stated that Israel’s stance has once again revealed that it is necessary for the international community to develop a mechanism to protect Palestinian civilians. He stressed that “In an environment where United Nations Security Council Resolution 2735 is not being implemented, coercive measures against Israel should be put on the agenda.” He described the situation in Palestine as a sign of a massive moral collapse. Erdoğan affirmed that international peace and security have become too vital that they cannot be left to the actions of the “privileged five,” referring to the five permanent members of the Security Council. He added that “the most dramatic example of this is the massacre that has been going on in Gaza for 353 days.” (September 24, 2024)
• Jordan’s King Abdullah II warned that the United Nations is facing a “one that threatens its legitimacy and undermines global trust in its moral authority,” pointing to the unprecedented crisis shaking international security and peace. He added, “the UN is under attack, both literally and figuratively, with its sky-blue flag “powerless” to protect civilians from Israeli military bombardment.” He described the current situation as alarming, highlighting the violations committed against Palestinians. He further stated that in the absence of global accountability, repeated horrors are normalized, threatening to create a future where anything is permitted anywhere in the world. (September 24, 2024)
• In his speech at the UN Summit of the Future, UNRWA Commissioner-General Philippe Lazzarini expressed deep concern over the blatant disregard for international humanitarian law in Gaza, highlighting the massive scale of human suffering and the severely limited capacity of UNRWA to respond. He noted that 222 UNRWA staff members have been killed, and two-thirds of the agency’s buildings have been damaged or destroyed, resulting in the deaths of hundreds seeking protection from the United Nations. Lazzarini added that the failure to address violations of international law and to counter efforts aimed at intimidating and undermining the UN sets a dangerous precedent. This endangers the future of humanitarian work and undermines the rule of law. (September 24, 2024)
• British Prime Minister Keir Starmer called for restraint and de-escalation at the border between Lebanon and Israel, urging all parties to pull down from the brink. He also stressed the need for an immediate ceasefire in Gaza, the return of the hostages and a recommitment to the two state solution that would guarantee a recognized Palestinian State alongside a secure Israel. ( September 24, 2024)
• UNRWA Commissioner-General Philippe Lazzarini warned that the situation in Gaza reflects a daily, blatant disregard for international humanitarian law. He also highlighted that there is a silent war boiling in the West Bank. Lazzarini noted that over 600,000 boys and girls are living among the rubble, suffering deep trauma in the Gaza Strip. Lazzarini affirmed that the longer children are delayed in returning to a learning environment, the greater the risk of losing an entire generation and sowing the seeds of hatred, resentment, and extremism. ( september 24, 2024)
•  In their speeches at the United Nations General Assembly, several presidents addressed the situation in Palestine. The President of South Africa stated that “the violence that Palestinian people are being subjected to is a grim continuation of more than half a century of apartheid that has been perpetrated against Palestinians by Israel.” He called for a collective effort through the UN system and other multinational institutions to end civilian suffering. He stressed that “international law cannot be applied selectively. No one state is more equal than any other.” Meanwhile, the Emir of Qatar described the “blatant aggression” against Palestinians in Gaza as the “most barbaric, heinous, and extensive” breach of human values, international charters, and norms, adding that the aggression damaged the credibility of the principles on which the international community was built after World War II. He emphasized that what is happening constitutes a crime of genocide and expressed regret over the Security Council’s failure to implement its ceasefire resolution and its refusal to grant Palestine full membership in the UN. The Crown Prince of Bahrain stated that an immediate ceasefire is required, along with the release of all  hostages, and the adoption of an irreversible path towards the establishment of a viable and independent Palestinian State, insisting that this must happen now. (September 24, 2024)
• UN Special Rapporteur on the right to health Tlaleng Mofokeng condemned the death of a third physician from Gaza, Dr. Ziad Eldalou, while in Israeli custody. He had been arrested while on duty at Al-Shifa Hospital. Mofokeng reiterated her call for the protection of healthcare workers in the occupied Palestinian territories. She stated, “The practice of medicine is never a crime during conflict – but targeted killing of healthcare workers is. Israel must stop.” (September 24, 2024)
• The UN Humanitarian Coordinator for the occupied Palestinian territory, Mr. Muhannad Hadi, stated that there is no safe place in Gaza; everywhere is a frontline. He highlighted the urgent need for humanitarian aid, especially with winter approaching, and emphasized the importance of international cooperation and immediate action to prevent further deterioration of the humanitarian situation in the region. (September 25, 2024)
• Egypt called for an immediate and comprehensive ceasefire in Gaza and Lebanon, warning of the “intractable risks” from Israeli violations that could plunge the region into a state of confrontation and chaos. Egypt emphasized that the key to de-escalation remains linked to halting Israeli military actions in Gaza and adhering to relevant United Nations Security Council resolutions. (September 26, 2024)
• Qatar pledged an additional $100 million in response to the humanitarian crisis in Gaza, including support for UNRWA. It emphasized the vital role of UNRWA in providing humanitarian assistance amid the systematic measures taken by the Israeli government against the agency, highlighting the need for the international community to adopt a unified stance to support it. ( September 26, 20204)
• Josep Borrell, the High Representative of the European Union, affirmed the essential role of UNRWA in supporting the Palestinian people, noting that the agency can rely on the full support of the European Union. During a ministerial meeting for UNRWA, Borrell announced the disbursement of €16 million as the third tranche of the EU’s financial support in 2024. (September 27, 2024)

Publications of human rights NGOs

• Al Jazeera denounced the Israeli occupation forces’ raid on its office in Ramallah and the confiscation of its equipment, considering it an attack on press freedom and a violation of international law. The network stated that these repressive measures aim to conceal the truth from the world. It called on organizations advocating for media freedom to condemn these attacks, hold those responsible accountable, and demand justice for journalists who have been killed and those who seek to suppress the truth. (September 22, 2024)
• A broad-based US national coalition of 105 civil society organizations – including refugee, human rights and humanitarian organizations – sent a letter to President Biden urging the US government to restore its funding to UNRWA. The coalition expressed its support for H.R. 9649, the UNRWA Emergency Funding Restoration Act of 2024. The statement noted that UNRWA USA’s donor base has grown significantly, demonstrating strong public support for the agency. It emphasized the need for action by U.S. citizens to support the rights of Palestinian refugees and restore funding by advocating for the passage of the bill. (September 23, 2024)
• Amnesty International affirmed that “the Israeli authorities’ shutdown of Al Jazeera’s office in Ramallah is another shameless attack on the right to freedom of expression and a crushing blow to press freedom.” The organization stated that this is a “brazen attempt” by the Israeli government to limit reporting on their violations of international law. Amnesty International called on Israeli authorities to immediately revoke the order to shut down Al Jazeera’s office and to end their harassment, intimidation, and obstruction of journalists’ work. (September 23, 2024)
• The University of Siena in Italy canceled a debate on the Israeli-Palestinian issue that was scheduled on October 7, 2024, as part of the Infondoècultura project, following a request from three professors to the Academic Senate to halt the event. The debate was to feature Israeli historian Ilan Pappé, UN Special Rapporteur on the situation in the occupied Palestinian territories Francesca Albanese, activist Karem Rohana, and analyst Giuseppe Flavio Pagano. The university’s president explained that the cancellation was due to a change in the date, not the event itself, citing that October 7 marks the anniversary of Hamas attack in Israel, which could be politically and media-wise exploited. He emphasized the university’s support for peace, a ceasefire, and recognition of the Palestinian state. (September 24, 2024)
• Three Israeli organizations sent a letter to the Israeli Attorney General demanding a criminal investigation against Channel 14, a right-wing media outlet. They alleged that the channel issued over 50 statements calling for genocide and 150 statements calling for war crimes against Palestinians in Gaza, including indiscriminate killing, mass expulsion, and the use of starvation as a weapon of war. They argued that the channel has become a propaganda machine for committing war crimes, calling for severe penalties and fines due to its violations of broadcast ethics. (September 24, 2024)
• Several organizations, including the Arab Renaissance for Democracy and Development, Al-Haq, and Law for Palestine, issued a joint statement calling on United Nations member states to take urgent action against the forced displacement of Palestinians in Gaza, labeling it as an ongoing form part of genocide. The statement urged an end to the illegal displacement orders issued by Israel, the safe return of refugees and internally displaced persons as soon as possible, unimpeded access to humanitarian aid, and the establishment of a permanent and immediate ceasefire. (September 24, 2024)
• Al-Haq, the Al Mezan Center for Human Rights, and the Palestinian Center for Human Rights called on states and international organizations to act without delay and take immediate measures to implement the United Nations General Assembly resolution that demands Israel end its unlawful presence in Palestine. The organizations stated that the focus should now shift to translating this resolution into decisive actions, including imposing sanctions, ending diplomatic relations with Israel, imposing a two-way arms embargo, and activating universal jurisdiction mechanisms. (September 24, 2024)
• The Norwegian Refugee Council (NRC) has warned that over one million displaced Palestinians in central and southern Gaza urgently need shelter assistance, including insulation materials, before the winter arrives. The aid that Israel is allowing into Gaza is insufficient and would take more than two years to meet the needs. The Council stressed that the international community, including the United States, the United Kingdom, and EU countries, must insist that Israel facilitates the delivery of the necessary equipment to southern Gaza. (September 25, 2024)
• The New Lines Institute published a report titled “Weaponizing a Water Crisis: The Destruction of Water Supplies in Gaza.” The report highlighted that targeting wastewater treatment infrastructure has led to a humanitarian disaster, with the water crisis exacerbated by the destruction of wells and desalination facilities. Following October 7, 2023, Israel cut off water, electricity, and fuel supplies, resulting in water contamination, with 70% of Gaza’s population relying on polluted water. The report described these actions as severe violations of international humanitarian law and considered South Africa’s accusation of genocide against Israel before the ICJ as a reasonable charge. (September 26, 2024)
• Ten global labor unions, representing 207 million workers, have filed a complaint with the International Labour Organization (ILO) against the Israeli government for gross violations of the Protection of Wage Convention. The complaint pertains to over 200,000 Palestinian workers employed in Israel, who have faced exploitative conditions and wage theft due to the suspension of work permits and the unilateral termination of their contracts. (September 27, 2024)
• The Lemkin Institute for Genocide Prevention stated that the world must remember that Israeli Prime Minister Benjamin Netanyahu is the leader of a genocidal state. The institute noted that Israel is a genocidal state supported by a genocidal society, meaning that the genocidal killings of Palestinians and Lebanese will continue to spread and will not stop on its own. The institute called on the world to take responsibility for protecting life, including Arab life, emphasizing that walking out of Netanyahu’s speech at the United Nations is not enough and that immediate action is required. (September 28, 2024)

Research and academic studies (in Arabic and English):

• Al-Zaytouna Centre for Studies and Consultations published a study -in Arabic- by Ibrahim Abdel Karim titled “The Fall of the Myth ‘The Most Moral Army in the World’: Facts, Confessions, and Global Testimonies that Disprove It.” The study critically examines how Israeli political and military officials consistently claim that the Israeli army operates according to international standards, often repeating that it is “the most moral army in the world.” It analyzed, in light of documented facts from the genocidal war being perpetrated by this army in Gaza, the strategic framework of Israeli killings, its advanced methods of warfare used, and the manipulative narratives employed to justify these actions. (September 24, 2024)

Opinion Pieces and features

• The Guardian published an op-ed by Kenneth Roth titled “The US and all nations must respect the UN resolution against Israeli occupation.” (September 20, 2024)
• Haaretz published an opinion piece by Sheren Falah Saab titled “The Shutdown of Al Jazeera Is a Dire Warning for All Journalists in Israel: You’re Next.” (September 23, 2024)
• CBC published an analytical article by Evan Dyer titled “Angry claims of ‘double standards’ in international law roil the UN.” (September 26, 2024)
• Mondoweiss published an article by Mitchell Plitnick titled “Biden would rather defend Israeli impunity than stop a regional war.” (September 27, 2024)

Human rights conferences and events

• Law for Palestine has launched a new comprehensive database compiling UN resolutions that call for sanctions and arms embargoes on states violating international legal norms. This initiative aims to provide a valuable resource for states, civil society organisations, and researchers by documenting how the international community has historically addressed breaches of international law. It serves as a reference for addressing the grave violations associated with the Israeli occupation, particularly its illegal presence in the occupied Palestinian territory. (September 24, 2024)
• Palestine Legal organization announced the filing of a federal civil rights complaint with the U.S. Department of Education’s Office for Civil Rights (OCR), demanding an immediate investigation into the nearly year-long hostile environment of anti-Palestinian racism at the University of Chicago, in violation of Title VI of the Civil Rights Act of 1964. The complaint comes after the university’s release of new protest policies, including banning encampments and overnight protests. (September 25, 2024)