PALESTINE’S LEGAL SCENE –Issue.157

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

1- 7 January 2023

Issued every Sunday by Law for Palestine

Prepared by: Razwan Issa, Nour Kharouf, Nermin Allawh, Sophia Alisaa

 Translation: Asma Louzon 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 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 MOFAE condemned the crime of executing two young men, Muhammad SamerHoshieh and Fouad Mahmoud Ahmed Abed, and the bombing of two houses in the town of Kafr Dan, west of Jenin. The Ministry considered this crime to be organized state terrorism. (January 1, 2023). For further details, click here
• The Presidential spokesman, Nabil Abu Rudeineh, warned of the repeated Israeli threats to change the historical status quo in the Al-Aqsa Mosque by demanding permission to perform all the prayers and biblical rituals and to locate a synagogue inside the Al-Aqsa Mosque. He stressed that this will have serious consequences. (January 2, 2023). For further details, click here
• The Palestinian Minister of Endowments and Religious Affairs condemned the extremist Israeli Minister of National Security, Itamar Ben Gvir, for storming into Al-Aqsa Mosque. He warned of the consequences of the occupation’s Judaization measures against Al-Aqsa and on the stability of the entire region. (January 3, 2023). For further details, click here / here
• The Palestinian MOFAE condemned the heinous crime committed by the occupation forces by burning down the house of citizen FadiAwwad in the town of Abu Dis, by firing tear gas canisters at the house. The Ministry demanded an international investigation to look into this crime and bring the perpetrators to trial. (January 3, 2023). For further details, click here
• The Higher Presidential Committee of Churches Affairs in Palestine condemns the Israeli attack on the cemetery of the Evangelical Episcopal Church. (January 4, 2023). For further details, click here / here
• The Ministry of Foreign Affairs and Expatriates: The murder of the child, Amer Abu Zeitoun, in Balata camp, east of Nablus, is a direct result of Israel’s continued impunity. (January 5, 2023). For further details of the news, click here
• Palestinian presidential Spokesperson: The measures taken by the occupying power in response to the Palestinian actions in the UN are condemned and rejected, both in relation to money and other measures they are planning. (January 6, 2023). For further details, click here
• The Palestinian Prisoners Club confirmed that the prisoners in all prisons declared a state of comprehensive mobilization in preparation for a broad confrontation against the measures that the extremist occupation government intends to impose as this escalates repression and abuse against them. (January 6, 2023). For further details, click here
• The Palestinian Ministry of Foreign Affairs: Despite Israel’s punitive measures against the Palestinian Authority, including the withholding of tax funds for the benefit of Israel, we will continue to pursue this diplomatic and legal campaign to end the occupation and set a limit to the penalty. (January 7, 2023). For further details, click here

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

• The Israeli Prime Minister stated that his government would not abide by the resolution of the United Nations General Assembly, with the latter requesting a legal opinion from the International Court of Justice, calling it “despicable.”( December 31,2022). For further details, click here
• Gilad Erdan, Israel’s UN ambassador, called the latest resolution of the United Nations General Assembly, “a moral stain on the UN.” Erdan said, “No international body can decide that the Jewish people are occupiers in their own homeland.” He further stressed that “Any decision from a judicial body which receives its mandate from the morally bankrupt and politicized UN is completely illegitimate.” (January 1, 2023). For further details, click here
• The Israeli District Coordination and Liaison Office (DCO) notified the Palestinian DCO that in the coming days, about 1,000 Palestinians from MasaferYatta whose land was designated “Firing Zone 918” will receive notices to evict their homes. (January 2, 2023). For further details, click here
• Israel is taking several punitive measurements against the Palestinian Authority (PA) after resorting to the International Court of Justice. This includes: withholding funds, freezing Palestinian construction plans in Area C, stripping Palestinian officials of privileges, and taking measures against organizations in the West Bank that carry out “aggressive” activities, including those that operate “under guise of humanitarian action”.  (January 6, 2023). For further details, click here

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

• Brazilian President Luiz Inácio Lula da Silva assured that his country will stand firm in its support of Palestinian rights and will work for the restoration of Palestine’s freedom and independence within the 1967 borders. (January 2, 2023). For further details, click here
• The Arab Parliament condemned the Israeli occupation government’s new attempts to escalate settlement expansion in the West Bank and Jerusalem. The Parliament considered these practices an explicit violation of international law. (January 2, 2023). For further details, click here
• The US Secretary of State confirmed to his Israeli counterpart that the US supports a two-state solution and opposes any action that would obstruct it. (January 2, 2023). For further details, click here
• The Organization of Islamic Cooperation (OIC), the League of Arab States, and the Arab Parliament all condemned the Israeli Security Minister’s incursion into the holy Al-Aqsa Mosque square, which was guarded by Israeli protection. (January 3, 2023)
• The foreign ministers of Jordan, Kuwait, Saudi Arabia, Egypt, the United Arab Emirates, Algeria, Iran, Lebanon, and Bahrain denounced the Israeli Security Minister’s invasion of the Al-Aqsa mosque squares under the protection of the Israeli forces. The significance of respecting Jerusalem’s legal and historical status was emphasized by the states. The invasion was also denounced by Malaysia and Tunisia as well. (January 3, 2023)
• Calls from several countries at the United Nations headquarters to respect the legal and historical status of the holy places in Jerusalem. (January 4, 2023). For further details, click here
• The United Nations Assistant Secretary-General for Political and Peacebuilding Affairs expressed concern over the developments and the broader ongoing tensions and violence in the occupied West Bank, reiterating the Secretary-General’s call for all parties to refrain from steps that could escalate tensions in and around the Holy Sites, and for all to uphold the status quo. (January 5, 2023). For further details, click here

Publications of human rights NGOs

• B’Tselem, regarding the decision to evict 1,000 Palestinians from MasaferYatta because of Israel’s designation of it as a Firing Zone 918: “Forcible transfer of protected persons in occupied territory is a war crime. Therefore, the Israeli ‘offer’ of an alternative is meaningless. It is a violent threat that leaves the residents with no choice.” (January 2, 2023). For further details, click here
• Al-Mezan Center denounced the continued use of Israeli drones over Gaza and called on the international community to put pressure on Israel to stop flying drones over Gaza, lift the illegal closure and blockade imposed on Gaza, and activate accountability tools. (January 4, 2023). For further details, click here

New Section: Opinion Pieces and features

• Ralph Wilde published an article on the Opinio Juris website titled: “ The Illegality of the Israeli Occupation of the Palestinian West Bank (including East Jerusalem) and Gaza: What the International Court of Justice Will Have to Determine in its Advisory Opinion for the United Nations General Assembly.” For further details, click here
• Susan Power wrote an article for the Blog of the European Journal of International Law titled: “UN General Assembly Committee Adopts Resolution Requesting Second Advisory Opinion from ICJ on Occupied Palestinian Territory.” For further details, click here

New Section: Legal Achievements for Palestine

• The US-based organization Palestine Legal has announced its success in countering efforts of right-wing Israeli pressure groups to compel the US Department of Education to adopt the International Holocaust Remembrance Alliance’s (IHRA) definition of anti-Semitism. (5 January 2023). For further details, click here

Human rights conferences and events

• “Americans for Peace Now” organized a demonstration in front of the Israeli embassy in Washington, protesting against the formation of the far-right Israeli government led by Netanyahu. They are demanding a boycott of the new Israeli government and its extremists. (January 2, 2023) For further details, click here