PALESTINE’S LEGAL SCENE –Issue.259

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

15 – 21 December 2024

Issued every Sunday by Law for Palestine

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

 Translation: Maisaa Abdelqader and Mays Abu Atwan

Editing: Nardeen Khalid

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 Foreign Ministry of Affairs and Expatriates (MOFAE) has renewed its calls to the international community to exert critical pressure on Israel to cease hostilities in the West Bank. The Ministry warned against taking unilateral measures aimed at ethnic cleansing, gradual annexation through land appropriation, the demolition of homes, the optimisation of military checkpoints, and enabling Israeli settlers to carry arms in order to carry out further attacks. The Ministry also condemned the war of expulsion and genocide carried out by Israeli forces in the Gaza Strip, including the targeting of schools sheltering civilians and the decimation of neighbourhoods. The Ministry calls on the United Nations Security Council to take necessary action to protect the integrity of the two-state solution. (December 15-16, 2024)
• The Palestinian National Council stressed that the situation in Gaza constitutes a major humanitarian crime, reflecting the brutality of the occupation and the world’s silence on the suffering of the Palestinian people. The Chairman of the Council condemns the ongoing massacres in Gaza and called for urgent intervention to provide protection for the Palestinian people and to hold the occupation accountable. (December 15-15, 2024)
• The Commission of Detainee Affairs and the Palestinian Prisoners’ Club reported responses from the occupation authorities on Gaza detainees. Some responses disclosed detainees’ locations, while others denied any information. They confirmed that hundreds remain forcibly disappeared and accused the occupation of issuing contradictory statements. The “illegal combatant” order was amended to deny detainees legal counsel for up to 75 days. The Israeli Prison Service claimed 1,772 detainees from Gaza are classified as “illegal combatants,” while detainee testimonies revealed severe torture. Protests, including a hunger strike, have erupted at the “Mansha” camp due to harsh conditions, while detainees in “Ramon” prison face daily starvation, humiliation, and extreme cold, worsening their suffering. (December 18-19, 2024)
• Palestinian President Mahmoud Abbas stressed that achieving security and stability in the region requires granting the State of Palestine full membership in the United Nations and increasing international recognition, thus fostering hope for a better future for the people of Palestine and the region. He also called for immediate implementation of Security Council resolution 2735 for a ceasefire, the entry of humanitarian aid, Israel’s withdrawal from Gaza, as well as supporting UNRWA to enable it to carry out its mission. (December 19, 2024)
• The Palestinian MOFAE condemns the arson attack on a mosque in the village of Marda, north of Salfit, carried out by settlers, along with the writing of racist, anti-Arab slogans. The ministry called on the UN Security Council and the UN to activate an international protection system for the Palestinian people and to end the occupation. It also urged the international community and UN institutions to take the investigation by Haaretz seriously, which revealed confessions by Israeli soldiers of committing crimes against Palestinian civilians in the Netzarim Corridor. The ministry emphasized that this investigation bolsters the credibility of international court rulings regarding the perpetration of the crime of genocide. (December 19-20, 2024)
• The Palestinian National Council condemns the gruesome scenes in the northern Gaza Strip, where dogs ravage the bodies of martyrs, stressing that crimes committed there are an affront to human dignity. The Council has also expressed disappointment at Sweden’s decision to cut financial support to UNRWA and called for the rights of Palestinians to full membership in the United Nations, as well as the imposition of sanctions against the occupation. (December- 18-20, 2024)

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

• Senior settlement leaders called on the Israeli Ministerial Committee on National Security Affairs (the cabinet) to implement the policies applied in the Gaza Strip within the West Bank. This includes evacuating residents of Palestinian refugee camps and other areas they describe as “centers of Palestinian terrorism”, as well as conducting widespread demolitions in the camps and purported “centers” to combat Palestinian armed groups. The leaders also demanded restricting Palestinian freedom of movement on the main roads in the West Bank “for security purposes”. (December 15, 2024)
• Israeli Minister of Foreign Affairs Gideon Sa’ar has announced the closure of Israel’s Embassy in Ireland, citing the Irish government’s actions, double standards, and antisemitic rhetoric, which he claims aim to delegitimize and demonize the Jewish state, as well as support politically motivated cases at the International Criminal Court (ICC). (December 15, 2024)
• Israeli Defense Minister Israel Katz stated that Israel will maintain security control over the Gaza Strip with full freedom of action, just as “in Judea and Samaria,” after defeating Hamas’s military and ruling power. The minister  confirmed that Israel will not “allow a return to the pre-Oct. 7 reality”. (December 17, 2024)

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

• Irish Prime Minister Simon Harris responds to Israel’s decision to close the Israeli Embassy in Ireland and accuse the Irish Government of Anti-Semitism. Harris said: “This is a deeply regrettable decision from the Netanyahu government. I utterly reject the assertion that Ireland is anti-Israel. Ireland is pro-peace, pro-human rights and pro-International law”. (December 15, 2024)
• British MP Richard Burgon calls to impose sanctions and a full arms embargo on Israel to halt its war crimes and stop the brutalisation and mass killing of Palestinians. Burgon emphasises that more than 50 MPs have backed his motion, and argues that sanctions are the only way to compel Israel to stop its war crimes and to support a ceasefire. (December 15, 2024)
• President and Speaker of the Arab Parliament, Mohammed Ahmad Al-Yamahi, has condemned the expansion of Israeli settlements in the occupied Syrian Golan. He stressed that the expansion is a blatant violation of international law and Security Council resolutions, and a clear encroachment to Syria’s sovereignty and territorial integrity. Al-Yamahi called on the international community, particularly the Security Council,to work toward an immediate cessation of settlement activities. (December 16, 2024)
• His Majesty King Abdullah of Jordan and Egyptian President Abdel Fattah El-Sisi emphasized the imperative to double down on international efforts to end the Israeli war on Gaza and to protect civilian lives. The two leaders reaffirmed Jordan and Egypt’s outright rejection for the displacement of Palestinians in the West Bank and Gaza. King Abdullah also cautioned of the dangers of unilateral measures taken against Palestinians in the West Bank, and against the desecration of holy sites in Jerusalem. (December 16, 2024)
• The Executive Director of the World Food Programme (WFP), Cindy McCain, stated that two million people are facing severe hunger across the Gaza Strip, and that the area received only one-third of the WFP trucks that were needed last month. McCain noted that northern Gaza has been hit the hardest, with only two trucks reaching thousands of hungry Gazans. She emphasized the need for secure and unfettered humanitarian access at the required scale to save lives and prevent famine. The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) reported that new Israeli evacuation orders in Gaza have once again led to mass expulsions. (December 16, 2024)
• OCHA reported that UN-led aid missions to northern Gaza continue to face significant obstruction, particularly those attempting to reach the besieged areas of Beit Lahia, Beit Hanoun, and parts of Jabalia. The office stated that Israeli authorities once again rejected three humanitarian missions intended to deliver food and water to parts of besieged northern Gaza. It added that the situation regarding the dispatch of missions to the north remains extremely challenging. OCHA reiterated the need to protect civilians still in northern Gaza and ensure their basic needs are met. The office further noted that between December 1 and December 16, the UN attempted to access these areas 40 times, with 38 attempts being denied. Although initial approval was granted for two missions, both faced obstacles that impeded their access. (December 17, 2024)
• UNRWA has revealed that an Israeli airstrike targeted an UNRWA school in Khan Younis, south of the Strip, sheltering hundreds of displaced families. The airstrike resulted in killing at least 13 people and injuring nearly 50 others. UNRWA decried that there is no refuge in Gaza and called for an immediate ceasefire. (December 17, 2024)
• OCHA issued a report stating that attacks on civilian infrastructure continue, particularly in northern Gaza, where Kamal Adwan Hospital has been subjected to appalling conditions. The report also noted that61 out of 95 attacks on school buildings since October 6, 2024, have taken place in this area. Women are heavily affected by the scarcity of diagnostic tests and essential medical treatments, often facing delayed or inadequate care. Meanwhile, Israeli bombardment from air, land, and sea continues to be reported across the Gaza Strip. (December 17, 2024)
• Palestinians have filed a lawsuit against the U.S. State Department, accusing it of bypassing the decades-old “Leahy Law” to justify funding Israeli military units accused of widespread atrocities in the occupied Palestinian territories. The Leahy Law prohibits U.S. military assistance to forces implicated in gross human rights violations. The lawsuit aims to compel the U.S. government to enforce the law by discontinuing financial support for Israeli units involved in violations. (December 17, 2024)
• In a Security Council briefing on the implementation of Resolution 2334 (2016) concerning settlements, the UN Assistant Secretary-General highlighted Israel’s use of explosive weapons in densely populated areas, collective punishment, and the continued expansion of settlements. He also criticized Israeli legislation targeting UNRWA, which he warned could impede the agency’s work. He further urged the international community to support efforts aimed at achievinga two-state solution on the basis of the pre-1967 lines, with Jerusalem as the capital of both states. (December 18, 2024)
• The UN Office for Human Rights in the oPt reported that Israel has intensified measures to consolidate its illegal annexation of the West Bank, including demolishing Palestinian homes, seizing land, and replacing Palestinian communities with settlers. The UNHCR noted that these actions violate international law and the rulings of the International Court of Justice (ICJ). The report emphasized that these policies have restricted Palestinians from building and expanded Israel’s illegal control, with settlements increasing by 193% compared to the previous year. For the first time, Israeli security forces have carried out demolitions in a natural reserve in Area B, which, under the Oslo Accords, is supposed to be under the control of the Palestinian Authority. (December 18, 2024)
• The United Nations General Assembly adopted two resolutions in favor of the Palestinian rights. The first resolution, “Request for an Advisory Opinion from the International Court of Justice on Israel’s Obligations Regarding the Presence and Activities of the United Nations, Other International Organizations, and Third States (A/79/L.28/Rev.1),” received the support of 137 countries, with 12 opposing and 22 abstaining. It requests the court to issue an advisory opinion on Israel’s obligations as an occupying power to ensure the delivery of humanitarian aid and to collaborate with the UN, humanitarian organisations, and third states in facilitating aid. The resolution also reaffirmssupport for the Palestinian people’s right to self-determination and expresses concern over the catastrophic humanitarian situation in the oPt. The second resolution, “Permanent Sovereignty of the Palestinian People in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab Population in the Occupied Syrian Golan Over Their Natural Resources (A/79/445)”, was supported by 162 countries, with 8 opposing and 10 abstaining. (December 19, 2024)
• The Swedish government announced that it would halt funding for UNRWA, but allocate SEK 800 million in 2025 to support the humanitarian crisis in Gaza and the wider region through other UN agencies. (December 20, 2024)
• UNRWA stated that the Swedish government’s decision to stop funding the agency in 2025 is deeply disappointing and comes at the worst possible time for Palestine refugees. This decision comes as UNRWA faces unprecedented, politically-driven attacks, including the spread of disinformation aimed at stripping Palestinians of their refugee status. (December 20, 2024)
• S. Congress members Rashida Tlaib, Summer Lee, and Cori Bush sent a letter to the Chair of the U.S. Federal Maritime Commission, Daniel B. Maffei, expressing deep concern over the commission’s investigation into the Spanish government’s decision to block ships carrying weapons bound for Israel. They argued that Spain’s decision aligns with its efforts to comply with international law and its obligations to prevent genocide. The letter emphasized that Spain acted as a sovereign state making legitimate humanitarian decisions to prevent its ports from being used in violations of international law. The members called for the immediate cancellation of the investigation, asserting that Spain’s actions do not threaten the international maritime transportation system that the commission seeks to protect. (December 20, 2024)
• The Jordanian Ministry of Foreign Affairs welcomed the adoption of a United Nations General Assembly resolution requesting an advisory opinion from the International Court of Justice on Israel’s obligations concerning the activities of the UN and other states in favor of Palestinians in the occupied territories. The ministry emphasized the importance of international support for UNRWA due to its essential role in supporting Palestinian refugees and affirming their right to return and receive compensation under international law. The ministry also expressed regret over Sweden’s decision to halt funding for the agency, urging the Swedish government to reconsider this decision. In the same context, the Organization of Islamic Cooperation welcomed the UN General Assembly resolution, asserting that Israeli measures against UNRWA constitute a violation of the UN Charter and its resolutions, and called for an end to the occupation. (December 20, 2024)
• The UN Special Rapporteur on the Occupied Palestinian Territory, Francesca Albanese, called Sweden’s decision regarding UNRWA ‘shameful’ and urged the Swedish people to act swiftly to reverse and remedy it. Albanese stressed that UNRWA is a subsidiary organ of the UN General Assembly and cannot be dismissed by the decisions of individual states. She clarified that if member states wish to dissolve UNRWA, they must do so through the General Assembly and address the root causes of the Palestinian refugee issue: The Nakba. (December 21, 2024)

Publications of human rights NGOs:

• The Jerusalem Post has reported that U.S. President-elect Donald Trump confirmed in private conversations that the annexation of areas in the West Bank is ‘off the table.’ Sources report that Trump and his Republican allies are prioritizing other Middle East objectives, including reviving the Abraham Accords, securing normalization between Israel and Saudi Arabia, and maintaining pressure on Iran. (December 15, 2024)
• The Palestinian Centre for Human Rights affirmed that Israel’s ongoing targeting and killing of journalists is part of a systematic policy to eradicate journalism as part of a full-blown genocidal campaign, with three journalists killed in less than a week due to Israeli airstrikes. The Centre emphasized that targeting journalists aims to obliterate the truth, isolate victims, and prevent the documentation and globallive streaming of Israeli crimes. (December 16, 2024)
• The Norwegian Refugee Council-led Shelter Cluster stated that only 23 percent of Gaza’s shelter needs have been met this autumn, leaving nearly one million Palestinians vulnerable to exposure during the harsh winter months. The Council noted that, since early October, Israel’s offensive and siege on North Gaza has displaced an additional 100,000 Palestinians, and in total, 945,000 people are now in need of shelter assistance. Further delays in delivering critical supplies will leave hundreds of thousands of Palestinians exposed to life-threatening conditions, warned the Council. (December 16, 2024)
• Churches for Middle East Peace issued a statement signed by over 200 bishops and Christian leaders, urgently calling on world leaders to impose a permanent ceasefire in Gaza, halt arms sales to Israel, and ensure the delivery of humanitarian aid to all those affected. (December 16, 2024)
• Médecins Sans Frontières (MSF) International revealed that, amidst intense fighting in Al Mawasi, a densely populated area in southern Gaza, 12 of its team members and their families were surrounded by bombing and heavy gunfire in their homes, while more than 30 others were trapped in its office. The organization added that, while injured people were arriving at their emergency room in the health clinic of Al Mawasi, the teams were forced to close the facility due to insecurity, leaving people without critical care. MSF called on all parties to establish an immediate and permanent ceasefire across the Strip. (December 17, 2024)
• The Euro-Med Human Rights Monitor affirmed that the Israeli army’s destruction of Palestinian cities and neighborhoods in the Gaza Strip constitutes a clear manifestation of genocide. Since the third ground offensive in October 2023, Israel has pursued a policy of total erasure, systematically destroying infrastructure, homes, and cultural and historical landmarks. This has been carried out using various methods, including demolition with robots and explosive barrels, aerial bombardments with bombs and missiles, planting explosives for remote detonation, as well as bulldozing with military and civilian machinery. The Euro-Med Monitor also revealed in an investigation a massacre committed by the Israeli army, resulting in the deaths of more than 15 Palestinians and the injury of others, including women, children, and elderly individuals. The massacre occurred due to an airstrike targeting a mosque in Gaza during Fajr prayers. (December 17-19, 2024)
• The organization 7amleh released a report titled “Erased and Suppressed: Palestinian Testimonies on Meta’s Censorship.” The report highlights direct testimonies from Palestinian influencers, journalists, and media outlets who have suffered from Meta’s discriminatory practices. It exposes Meta’s approach to silencing Palestinian content and suppressing the Palestinian narrative. (December 18, 2024)
• Palestinian human rights organizations and the Palestinian NGO Network have announced an indefinite suspension of all engagement with the mandate of the UN Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Alice Jill Edwards. In an open letter to the Special Rapporteur, the organizations expressed deep concern over her perceived lack of effectiveness and impartiality in addressing Israel’s severe and systematic violations of Palestinian human rights, including her failure to address the lived realities of thousands of Palestinians in Israeli custody. They stated that cooperation would not resume unless she provides concrete evidence of a commitment to accountability, transparency, and non-discrimination. (December 18, 2024)
• “‘No Civilians. Everyone’s a Terrorist’: Israeli occupation soldiers reveal, in a disturbing investigative report for Haaretz, arbitrary killings and rampant lawlessness in Gaza’s Netzarim Corridor. The soldiers referred to the area as ‘the line of dead bodies,’ describing it as a kill zone where anyone crossing a certain imaginary line was shot, including civilians and even children. Testimonies confirmed that orders to kill explicitly targeted civilians, with leadership justifying the actions by asserting, ‘Everyone is a terrorist.’ Official reports inflated casualty numbers by labeling victims as Hamas members without verification. The investigation further uncovered that military leadership, under Brigadier General Yehuda Fakh, granted officers broad powers to carry out attacks, fostering a ‘Wild West atmosphere.’ This led to widespread destruction of Palestinian property and the killing of civilians without accountability.” (December 18, 2024)
• Human Rights Watch (HRW) released a new report titled “Extermination and Acts of Genocide: Israel Deliberately Depriving Palestinians in Gaza of Water.” The report asserts that Israeli authorities are responsible for the crime against humanity of extermination and for acts of genocide in Gaza. HRW concluded that Israeli authorities have intentionally created conditions of life designed to bring about the physical destruction of Palestinians in Gaza, in whole or in part, amounting to genocide under the 1948 Convention. This conclusion is supported by statements from Israeli officials inciting the destruction of Palestinians in Gaza. The organization called on governments to halt arms supplies to Israel and review bilateral relations. (December 19, 2024)
• MSF published a new report titled “Gaza Death Trap,” revealing the ongoing campaign of widespread destruction of civilian life in Gaza by Israel for over a year. The report highlights the dismantling of the health system and the disruption of essential humanitarian aid, including through ethnic cleansing, blockades, and airstrikes. (December 19, 2024)
• The BADIL Resource Center for Palestinian Residency and Refugee Rights emphasized that the Israeli colonial and apartheid system will not back down from its illegal measures and legislation against UNRWA without the imposition of sanctions. It stated that the United Nations General Assembly’s resolution on December 11, 2024, supporting UNRWA’s mandate was weakly worded and lacked actionable steps to hold Israel accountable for its crimes or to halt its campaign to dismantle the agency. The center warned that Israeli laws scheduled to take effect on January 28, 2025, would effectively terminate UNRWA’s operations in the West Bank and Gaza Strip. It called on the General Assembly and member states to take decisive actions, including imposing sanctions on Israel, to protect UNRWA and the rights of Palestinian refugees. (December 2024)

Opinion Pieces and features:

• The Hill published an op-ed by Hamid Ali titled: “Why isn’t Israel being held accountable for killing my wife and other innocents?”. (December 14, 2024)
• The New Arab published an op-ed by Mjriam Abu Samra titled: “Palestinian liberation does not need Western approval”. (December 15, 2024)
• Al-Jazeera published an op-ed by Asem Alnabih titled: “The genocide kills dreams, not just people”. (December 15, 2024)
• Mondoweiss published an op-ed by Mansoor Malik, Ravi Chandra and Gary S. Belkin titled: “The willful and dangerous silence of the U.S. medical establishment on Gaza”. (December 15, 2024)
• Middle East Eye published an opinion piece by Ismail Patel titled: “War on Gaza: Have UK protests made a difference?”. (December 16, 2024)
• Haaretz published an op-ed by Gideon Levy titled: “The New Zionist Ideal: A Generation of Israelis Devoid of Shame Over the Gaza War.” (December 17, 2024)
• Mondoweiss published an opinion piece by Vijay Kolinjivadi and Asma Ashraf titled: “Palestine Against an Eco-Apartheid World”. (December 17, 2024)
• Al-Jazeera published an opinion piece by Sultan Barakat and Androulla Kaminara titled: “The Cyprus-Gaza maritime aid corridor was a harmful publicity stunt”. (December 19, 2024)
• The Guardian published an opinion piece by Philippe Lazzarini titled: “UNRWA May Be Forced to Stop Saving Lives in Gaza. Will the World Let It Happen?”. (December 20, 2024)