PALESTINE’S LEGAL SCENE –Issue.156

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

25- 31 Dec 2022

Issued every Sunday by Law for Palestine

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 Volume of Palestine’s Legal Scene, please click here (3 minutes read)

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

• The Palestinian Foreign Minister (PFM) said that the weakness of the international stance towards the situation in Palestine encourages the occupation to commit more crimes (December 26, 2022). For further details, click here
• The PFM expressed concern about the Israeli Parliament’s passing of the Ben Gvir and Smotrich laws. It thus called on the international community to take on legal, moral, political, and humanitarian responsibility to protect the Palestinian people and their national rights (December 27, 2022). For further details, click here
• The official spokesman for the Palestinian Presidency stated that the Israeli Prime Minister-designate, Benjamin Netanyahu’s, right-wing government’s guidelines that call for strengthening settlements in the West Bank is in contradiction with all United Nations resolutions, the most prominent of which is Resolution No. 2334 issued by the Security Council, which confirmed that settlements in the occupied Palestinian territories, including East Jerusalem, are all illegal (December 28, 2022). For further details, click here
• The Palestinian Minister of Health condemned the Israeli occupation army’s targeting of a medical aid paramedic, Hamza Abu Hajar, while he was trying to help an injured person in the city of Nablus, which resulted in his serious injury. (December 30, 2022). For further details, click here
• The Palestinian MOFAE: The vote of the United Nations General Assembly by a majority in favor of a decision to request a legal advisory opinion from the International Court of Justice regarding Israel’s violation of the right of the Palestinian people to self-determination constitutes a new victory for the Palestinian people and their just cause. (December 31, 2022). For further details, click here

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

• Knesset passes some legislation that contributed to forming an extremist right-wing government where several ministerial posts would be granted to the leaders of extremist right-wing parties (December 27, 2022). For further details, click here
• The incoming prime minister Benjamin Netanyahu published his new coalition’s guiding principles and overarching agenda, promising construction throughout the country including in Galilee, Negev, Judea, and Samaria (December 27, 2022). For further details, click here
• Far-right party leader Bezalel Smotrich: The U.S. media has vilified me, and the controversial reforms put forward by the next government coalition only seek to bring Israel more closely in line with the liberal American model. (September 27, 2022). For further details, click here
• The Likud party agreed with the Otzma Yehudit party to separate the Border Police from the Israel Police and to transfer control over it to Minister of National Security Itamar Ben Gvir, giving him control over a force that carries out operations in the West Bank and confronts protests. (September 29, 2022). For further details, click here

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

• The Consultative Assembly in the Sultanate of Oman on Monday referred a bill amending Article 1 of the Law of Boycotting Israel to the Legislative and Legal Committee to complete the procedures. The proposal expands the criminalization and boycotting of Israel (December 26, 2022). For further details, click here
• The Jordanian MOFAE condemned the continuous attacks by settler groups on the property of the Greek Orthodox Patriarchate of Jerusalem and affirmed Jordan’s absolute rejection of all measures targeting the Christian presence in occupied East Jerusalem and changing the existing historical and legal status there. (December 28, 2022). For further details, click here
• In a report by the UN Office for the Coordination of Humanitarian Affairs in the Occupied Palestinian Territory: The number of Palestinians killed by Israeli forces in search and arrest operations in the West Bank during this year reached 75 Palestinians, including 16 children. (September 28, 2022). For further details, click here
• The countries of the EU Missions in Jerusalem and Ramallah issued a statement calling for the protection of the status quo and the holy places in East Jerusalem, stressing the need to preserve the character of Jerusalem, its special status, and its old town. (December 30, 2022). For further details, click here
• The US President signed into law the Federal Budget Act for 2023 totaling $1.7 trillion, including $3.8 billion in aid for Israel’s security and funding for the Iron Dome, $225 million in humanitarian aid for Palestinians in the West Bank and Gaza Strip, $75 million in support of UNRWA, and $42 million for Palestinian-Israeli security cooperation. (December 30, 2022). For further details, click here
• The State of Qatar has expressed its strong condemnation of the Israeli plans aimed at developing settlements and continuing toJudaize Jerusalem and Al-Aqsa Mosque, considering it a flagrant violation of the principles of international law. (December 30, 2022). For further details, click here
• The General Assembly issued a resolution requesting the International Court of Justice to issue an advisory opinion on the effects of the continued Israeli occupation’s violation of the right of the Palestinian people to self-determination and the responsibility of the the third states and the United Nations to end the occupation, by a majority of 87 votes. (December 31, 2022). For further details, click here
• The Organization of Islamic Cooperation welcomed the resolutions issued by the United Nations General Assembly on the Palestinian issue, especially the resolution requesting the International Court of Justice to issue an advisory opinion on the nature of occupation and to study the legal implications arising from it. (December 31, 2022). For further details, click here
• The United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory welcomed the General Assembly resolution (A/77/400) regarding the issuance of an advisory opinion by the International Court of Justice regarding the Israeli occupation and its legal consequences. (December 31, 2022). For further details, click here

Publications of human rights NGOs:

• The Palestinian Center for Human Rights (PCHR) condemns the Israeli occupation authorities’ ban on traveling 377 Christian citizens from the Gaza Strip to the West Bank, to reach the holy places in the cities of Jerusalem and Bethlehem to participate in the Christmas celebrations. (September 25, 2022). For further details, click here
• The Palestinian National Committee to Boycott, Divest, and Sanction Israel saluted the famous “Ben & Jerry’s” company for completely ending its business in the Israeli occupation, colonialism, and apartheid state, despite the enormous pressures it was subjected to. (September 28, 2022). For further details, click here
• Adalah Center: The proposed “Ben Gvir Law” bill will increase police violence against Palestinians, and it is contrary to the Basic Law, which states: “It prevents the minister from assuming quasi-judicial powers”, and is therefore unconstitutional. (December 29, 2022). For further details, click here

Human rights conferences and events:

• The PLO Anti-apartheid unit and the preparatory committee of the first national conference against apartheid intend to launch an international, Arabian, and Palestinian campaign that bans dealing with Israeli parties considering them as terrorists (December 28, 2022). For further details, click here