PALESTINE’S LEGAL SCENE –Issue.160

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

22-28 January 2023

Issued every Sunday by Law for Palestine

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

Translation: Ferdous Abdul Hamid and Mays Abu Atwan
Editing: Rachel Marandett

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 Ministry (PFM) condemned Israeli Knesset members’ call to evacuate the village of Khan Al-Ahmar and demanded an international response to prevent the village’s demolition and evacuation. (January 23, 2023). For further details, click here
• The Palestinian Prime Minister discussed cooperation with EU Foreign Ministers to protect the two-state solution. The Prime Minister called for expanding the Arab Peace Initiative to end the conflict in the region as well as recognition of the State of Palestine with the 1967 borders in order to protect a two-state solution, which Israel consistently systematically destroys. (January 23, 2023). For further details, click here
• The Palestinian Prime Minister called on the Arab ambassadors to Belgium and the EU to be Palestine’s lawyers in Europe and to assist with Palestine’s goal of gaining national recognition by European countries. (January 24, 2023). For further details, click here
• The PFM welcomed the Human Rights Watch report about new Israeli procedures for the entrance of foreigners to the occupied West Bank. It also called on the international community to help halt these arbitrary actions.(January 24, 2023). For further details, click here.
• The PFM called on the international community to assume its legal and moral responsibility to support Palestinian prisoners in Israeli occupation prisons, to acknowledge and protect their rights, and to hold Israel accountable for the crimes they subject prisoners of war to in accordance with the Geneva Conventions. (January 25,2023). For further details, click here
• The Commission of Detainees held the Israeli Prisons Administration fully responsible for the life of French prisoner Ahmed al-Barghouthi, who is on an open-ended hunger strike for the eighth day in a row.(January 25, 2023). For further details, click here
• In response to the “Jenin camp massacre”, the Palestinian leadership decided to discontinue security coordination with Israel, ask the United Nations Security Council to implement the resolution on international protection of the Palestinian people, and approach the International Criminal Court to add the Jenin massacre to its files. (January 26, 2023). For further details, click here

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

• Likud MKs, Yuli Edelstein and Danny Danon, called on the Israeli government to evacuate Bedouin village Khan al-Ahmar immediately.(January 23, 2023). For further details, click here
• The IDF’s Military Police Unit launched an investigation after an initial probe determined that a 45-year-old Palestinian man was unnecessarily shot dead in front of his son during an altercation with Israeli troops outside of his central West Bank village.(January 23, 2023). For further details, click here
• In its second and third readings, the Israeli General Authority unanimously approved a 5-year extension to the Emergency Regulations imposed by Israeli law on settlements in the occupied West Bank, also known as the “Apartheid Law.” (January 24th, 2023). For further details, click here
• Israeli Minister of National Security, Itamar Ben-Gvir, stated that he will continue to visit the Al-Aqsa Mosque despite PM Netanyahu’s confirmation that the current situation (status quo) at the holy site will not change. Ben-Gvir added, “With all due respect to Jordan, Israel is an independent country.” (January 25th, 2023). For further details, click here
• In response to the armed attack in Jerusalem, an Israeli official declared, “Netanyahu will bring this to cabinet tonight: Law for deporting families of terrorists, immediate sealing of terrorists’ homes, arresting family members and friends of terrorists, IDF reinforcement to West Bank, and approving more gun licenses to civilians.” (January 28, 2023). For further details, click here.

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

• Ireland’s Foreign Minister called for Israel to pay compensation for aid donated by the European Union that is “habitually” being destroyed in demolitions of Palestinian settlements. He also said that the expulsions were “provocative” and hindered any prospect of reaching a two-state solution. (January 23, 2023). For further details, click here
• The Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Francesca Albanese, invites all States and other authorities, national human rights institutions, human rights defenders, civil society organizations, academics, UN agencies and other stakeholders, to share their views and thoughts on themes and activities that should be considered priorities in the implementation of her mandate. The deadline is due 1st March 2023.(January 23, 2023). For further details, click here
• During his meeting with Israel’s Prime Minister in Amman, Jordan’s King underscored the necessity of respecting the historical and legal status quo in the Al-Aqsa Mosque. He also reaffirmed Jordan’s steadfast support of the two-state solution.(January 24, 2023). For further details, click here
• The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) appealed for 1.6 billion US$ for programmes and operations in 2023. UNRWA Commissioner-General Phillippe Lazzarini said, “Palestine refugees – one of the most underprivileged communities in the region- face unprecedented challenges and increasingly rely on UNRWA for basic services and in some cases the sheer survival”. (January 24, 2023). For further details, click here
• The US Department of State affirmed the Hashemite Kingdom of Jordan’s special role as a Custodian of Muslim and Christian Holy Sites in Jerusalem and said they stand firmly for the preservation of the historic status quo in the Holy City of Jerusalem. The US State Department spokesperson said, “it’s critical for Israel and the Palestinian Authority to refrain from unilateral steps that exacerbate tensions and undercut efforts to advance a negotiated two-step – two-state solution. This includes the annexation of territory, settlement activity, and demolitions.” (January 24, 2023). For further details, click here
• During his meeting with Jordan’s King, Israel’s Prime Minister, Netanyahu, emphasized the preservation of the status quo at the Holy Sites in Jerusalem.(January 24, 2023). For further details, click here
• A group of American representatives sent a letter to the Secretary-General calling on the UN to remove the Special Rapporteur for the Palestinian Territories, Francesca Albanese, from her post “following her refusal to take accountability for her purportedly antisemitic comments”.(January 24, 2023). For further details, click here
• The Arab Parliament, OIC, LAS, Qatar, Egypt, Kuwait, and Jordan condemned the Israeli occupation authorities’ incursion into the city and camp of Jenin, which led to the death of nine Palestinians and injury to many others. The latter also called on the UN to assume its responsibilities to halt the repeated attacks on the Palestinian people (January 26, 2023).
• The UN and its partners launched a $502 million appeal for the occupied Palestinian territory to assist 1.6 million people, representing 58% of the Gaza Strip’s population and 25% of the West Bank’s population. (January 26, 2023). For further details, click here
• The United Nations Special Coordinator for the Middle East Peace Process, Tor Wennesland said, “The deaths today of nine Palestinians (…) during an Israeli arrest operation in Jenin is another stark example”, urging that “Israeli and Palestinian authorities to de-escalate tensions, restore calm, and avoid further conflict.” (January 26, 2023). For further details, click here
• The United Nations Special Rapporteur on the situation of human rights in the Palestinian territories since 1967, Francesca Albanese, said “I am extremely alarmed by the news of renewed lethal violence in Jenin. While facts and circumstances need to be ascertained, I recall the occupying power’s obligation to ensure that civilian persons are protected from all forms of violence at all times.” (January 26, 2023). For further details, click here
• The US Foreign Minister stated, “Our thoughts are with the Israeli people following the terrorist attack in Jerusalem. It is particularly tragic on International Holocaust Remembrance Day. We condemn this attack and express our condolences to the victims’ families.” (January 28, 2023). For further details, click here
• The EU strongly condemned the Jerusalem attack and said that these are acts of “insane violence and hatred”. “These terrible events demonstrate once again how urgent it is to reverse this spiral of violence and engage in meaningful efforts to restart peace negotiations. We call on all parties not to react to provocations,” the EU added. (January 28, 2023). For further details, click here
• In light of the ongoing violations, the Tunisian Ministry of Foreign Affairs reaffirmed its unconditional support for the Palestinian cause and its commitment to reclaiming Palestinians’ legitimate rights. It also called on the international community to act swiftly and take responsibility in setting a limit on such repeated attacks. (January 27, 2023). For further details, click here
• UN experts condemned renewed violence and Israeli killings of Palestinians in the occupied West Bank. They said, “None of this violence would occur if Israel were to end its illegal, half-century old occupation immediately and unconditionally as required by international law. We urge the international community to react without delay and take action as recommended by international law including the UN Charter.” (January 27, 2023). For further details, click here.
• The UN Secretary-General strongly condemned “the terrorist attack” by a Palestinian man outside a synagogue in Jerusalem, which left at least seven Israelis dead and three others injured. (January 27, 2023). For further details, click here
• France expressed its concern over the threat of increasing tensions in the Occupied Territories, calling on all parties to exercise restraint and refrain from fueling the escalation. France also reaffirmed its commitment to upholding international humanitarian law and Israel’s obligation to protect civilians. (January 27, 2023) For further details, click here
• Russia voiced its “deep concern” over spiraling Israeli-Palestinian violence, urging both sides to exercise “maximum restraint” to avoid further escalation. Its representatives also stated, “An end to the cyclical violence can be achieved only within the framework of a negotiation process based on the principles of international law, the result of which should be the creation of an independent Palestinian State within the borders of 1967, living in peace and security with Israel”. (January 28, 2023). For further details, click here
• Jordan, the United Arab Emirates, and Egypt condemned the attack on Jerusalem, which claimed the lives of at least seven Israelis. The Jordanian Foreign Ministry also stressed the need for immediate and effective steps to stop the dangerous and condemnable situation, in which Palestinian and Israeli civilians have both become victims. The UAE Foreign Ministry described the attack as “terrorist”. (January 28, 2023). For further details, click here.
• Francesca Albanese, UN Special Rapporteur in the oPt: “The act of one that took the life of 7 in an East Jerusalem settlement yesterday is horrific, deplorable… To prevent more senseless loss of life, accountability and respect for everyone’s rights must be restored. This also means Israel’s response cannot be “kill more Palestinians” or imposing further collective punishment on them”. (January 28, 2023). For further details, click here.

Publications of human rights NGOs

• The Legal Center for Arab Minority Rights in Israel sent an urgent letter to the Minister, the Ministry’s legal advisor, and the Israeli Deputy Attorney General demanding that they tell law enforcement authorities that the waving of the Palestinian flag is not itself illegal under Israeli law. (January 22, 2023). For further details, click here
• According to Human Rights Watch, new Israeli regulations on foreigners’ access to the West Bank threaten to further cut Palestinians off from family members and the wider civil society. The regulations, which went into force in October 2022 and were updated in December 2022, outline specific admission and residency rules for foreign nationals in the West Bank, which are different from the rules for entering Israel. It states that “By making it harder for people to spend time in the West Bank, Israel is taking yet another step toward turning the West Bank into another Gaza.”(January 23, 2023). For further details, click here
• Americans for Justice in Palestine Action (AJP Action) and the Council on American-Islamic Relations (CAIR) stated that the Israeli government does not qualify to enter the U.S. Visa Waiver Program because it is an apartheid government that systematically discriminates against American citizens of Palestinian, Arab, and Muslim backgrounds. They called on the US administration to begin holding Israel accountable to the same standard as any other government and stop supporting the Israeli government until apartheid ends.(January 24, 2023). For further details, click here
• Al Mezan Center For Human Rights affirmed that the right to education is systematically violated by the Israeli authorities in the occupied Palestinian territory.(January 24, 2023). For further details, click here
• The BNC National Committee – BDS condemned the economic normalization initiative launched by World Economic Forum (WEF) with the participation of Israeli businessmen, and called on all Palestinian participants to immediately withdraw from it.(January 24, 2023). For further details, click here
• The Global Network on the ‘Question of Palestine’ sent an Urgent Open Letter to UN Secretary-General Antonio Guterres calling for a fundamental change in UN strategy in light of the new Israeli government.(January 26, 2023). For further details, click here
• Leadership of the Palestinian National Committee for Boycott of Israel and the Boycott Movement (BDS) called for an increase in boycott, military embargoes, and divestment campaigns against the colonial-settlement regime, apartheid, Israeli occupation, and complicit firms. (January 26, 2023). For further details, click here
• Al-Haq called for immediate and concrete action from the international community in response to the vicious military operation on Jenin and the Jenin Refugee Camp. (January 27, 2023). For further details, click here
• Amnesty International said that the Jenin bloodshed is a horrifying reminder of the cost of impunity. It further stated that until there is accountability, deadly attacks against Palestinians across the Occupied Palestinian Territories will continue. (January 27, 2023). For further details, click here

Opinion Pieces and features

• Hagai El-Ad, with the Israeli Information Center for Human Rights in the Occupied Territories, published an article titled “The Silent Branch: How Israel’s Supreme Court Crushes Palestinian Rights”. (January 26, 2023). For further details, click here

Human rights conferences and events

• Colonization and Wall Resistance Commission head, Muayyad Shaaban, calls on Palestinian youth to be present at Al-Khan Al-Ahmar village near Jerusalem and to protest openly starting next Tuesday, January 31st, in spite of waiting for the Knesset’s ruling on the matter of displacing the natives of that village. (January, 27th, 2023). For more details, click here