PALESTINE’S LEGAL SCENE –Issue.163

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

12-18 February 2023

Issued every Sunday by Law for Palestine

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

Translation: Ferdous Abdul Hamid and Ahmad Staitia
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

• Palestinian Prime Minister Mohammed Shtayyeh condemned the Israeli authorities’ illegal medical negligence toward detainee Ahmed Abu Ali, which led to his death inside prison. The PM said he holds the Israeli authorities fully responsible for the prisoner’s death and called on the International Red Cross to urgently intervene to release Palestinian prisoners, especially those that are sick. (February 11, 2023). For further details, click here
• The Palestinian Minister of Foreign Affairs (MOFA) condemned the illegal execution of MithqalSulaiman Abdel Halim Rayan (27 years) in QarawatBani Hassan, west of Salfit and called on the international community to consider settler militias as terrorists. The MOFA also condemned the criminal execution of 14-year-old QusaiRadwan Waked during the occupation forces’ storming of Jenin. (February 11, 2023). For further details, click here
• The Head of the Commission for Detainees and Ex-Detainees Affairs stated that the extreme right-wing Israeli government poses a real threat to Palestinian detainees’ lives, including racist and extremist ministers who openly call for the killing and execution of nearly 4,700 Palestinian detainees. (February 11, 2023). For further details, click here
• The Palestinian MOFA condemned the noticeable escalation in “house closures and demolitions in Jerusalem,” stressing that Israeli escalation in Jerusalem will be presented before the International Court of Justice and put on the agenda of the next Human Rights Council session. (February 12, 2023). For further details, click here
• The Palestinian MOFA issued a warning about the dangers of the occupying power resolving its internal crises at the expense of the Palestinian rights. (February 13, 2023). For further details, click here
• The Palestinian PM condemned the Israeli Cabinet resolutions that work toward both doubling and legalizing Israeli settlements. The PM called on the international community to boycott and sanction Israel, considering it a lawless state. (February 13, 2023). For further details, click here
• The Palestinian MOFA announced that, during the Jerusalem Conference “Resilience and Development,” participants agreed to form an Arab legal advisory committee to support Palestinian efforts both to achieve redress and to hold those responsible for the current and historic Israeli crimes accountable through international justice mechanisms. They also agreed the committee would provide legal advice and technical and financial support as needed to achieve these goals. (February 13, 2023). For further details, click here
• The Palestinian MOFA strongly condemned the Israeli government’s decision to build ~9,409 new settlement units and to legalize 9 more outposts. The MOFA called this “the most heinous and broadest process of gradual and silent annexation of the occupied West Bank”. (February 15, 2023). For further details, click here
• Palestinian Ministry of Labour denounced the Israeli government’s unilateral decision to place management of Palestinian workers’ retirement funds and severance compensation in the hands of a private Israeli company called Amitim. The Ministry explained that this act is a flagrant violation of the Paris Economic Protocol.(February 16, 2023). For further details, click here
• The Palestinian PM called on Germany and the EU to play a serious and effective role in protecting the two-state solution in the face of unilateral Israeli actions and ongoing annexation policy.(February 16, 2023). For further details, click here
• Palestine’s Prime Minister implored the Norwegian Foreign Minister to use her influence to ensure Israel immediately releases seized Palestinian funds and permanently halts all illegal deductions. (February 17, 2023). For further details, click here

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

• Ostensibly in response to “the terrorist attacks in Jerusalem,” the Israeli Prime Minister announced the Cabinet endorsement of granting retroactive authorization for constructing nine Israeli outposts in the occupied West Bank. He further stated that the planning committee would convene in the coming days to approve the construction of thousands of housing units in the settlements. (February 12, 2023).For further details, click here 
• The spokesman for the Israeli army said that an Israeli soldier was sentenced to 10 days after attacking IssaAmro, a well-known Palestinian rights activist, in Hebron. In a video of the event, the soldier is seen pushing Amro to the ground and kicking him for no apparent reason. Conversely,Itamar Ben-Gvir, the Minister of National Security of Israel, gave his full support to the soldier and described Amro as an “anarchist who frequently pesters IDF soldiers in Hebron”. (February 13/14, 2023). For further details, click here / here
• Israel has once again blocked Manu Pineda, the Chair of the European Parliament’s Delegation for relations with Palestine (DPAL), from participating in an official parliamentary visit to Palestine next week with eight other MEPs from four different parliamentary groups.(February 14, 2023). For further details, click here
• The Israeli Knesset passed a law that allows authorities to strip formerly detained Palestinians of their citizenship or residency status if they receive Palestinian funds for actions deemed as “terrorism”. (February 15, 2023). For further details, click here

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

• In a statement, the EU said that we are “saddened by yet another victim of settler violence, MithqalRayyan, who was killed on Saturday at QarawatBani Hassan village. The EU firmly condemns settler violence and is concerned about the growing number of settler attacks.” (February 12, 2023).For further details, click here
• During his speech at a conference on Jerusalem’s Steadfastness and Development, the President of Egypt expressed his refusal to accept any Israeli actions aimed to change the historical and legal status quo in Jerusalem. He emphasized the importance of the Hashemite custodianship responsible for maintaining Islamic and Christian holy places in Jerusalem, including preserving the Al-Aqsa Mosque as a place of worship exclusively for Muslims. (February 12, 2023).For further details, click here
• During his speech at the same conference, the Jordanian King stated that any attempt to alter the historical and legal status quo will have negative ramifications on the entire region’s security and stability. (February 12, 2023).For further details, click here
• The Arab League’s Conference on Jerusalem Support, comprising 19 provisions, seeks to protect the Holy City and strengthen the political, legal, and economic resilience of its inhabitants. (February 12, 2023). For further details, click here
• Jordan, Egypt, Turkey, Saudi Arabia, and Kuwait all condemned the Israeli government’s decisions to build additional settlement units and legitimize outposts in the occupied Palestinian territories. They affirmed that these decisions constitute a flagrant violation of Security Council and United Nations resolutions and the relevant rules of international law. Pakistan and Malaysia also strongly condemned the move and affirmed their support for the rights of the Palestinians.(February 13/14, 2023)
• The Arab Parliament, the Organization of Islamic Cooperation, and the Secretary-General of the League of Arab States condemned the Israeli government’s decision to legalize several settlement outposts and plans to build new settlement units in the West Bank. The latter stated that these decisions are illustrative of Israeli disdain for the will of the international community and reflect the extreme nature of the new Israeli government. (February 13, 2023)
• The European Union rejected the Israeli decision to legalize nine new outposts in the West Bank. It reiterated its position that settlements are illegal under international law and that it will not recognize any changes to the 1967 borders other than those agreed by the parties. The EU also renewed its call on the Israeli authorities to halt settlement construction and to reverse their latest decisions as a matter of urgency. (February 13, 2023).For further details, click here
• UN experts stated that Israel should be held accountable for acts of ‘domicide.’ The experts added, “The international community must take action to stop systematic and deliberate housing demolition and sealing arbitrary displacement, and forced evictions of Palestinian people in the occupied West Bank.” (February 13, 2023). For further details, click here
• In a statement, the United Kingdom, France, Germany, Italy, Denmark,Luxembourg, and the United States expressed deep concern over the Israeli government’s announcement of its plans to advance thousands of settlement units and intention to normalize the outposts. The move was also condemned by Argentina, Brazil, Chile and Mexico.(February 14, 2023).For further details, click here
• The Biden administration has withdrawn its pick of a human rights activist for a post at the Organization of American States for calling Israel an “apartheid state”. (February 14, 2023). For further details, click here
• The foreign ministers of Norway and Finland rejected Israel’s decision to legalize outposts and build more settlements in the occupied West Bank, warning that this policy will exacerbate tensions on the ground. (February 15, 2023)
• UN Security Council is working on a resolution that would condemn Israeli settlements and all attempts at annexation, and demand that Israel immediately and completely cease all settlement activities in the occupied Palestinian territory. The US, however, has voiced opposition to the proposed resolution. (February 16, 2023).For further details, click here
• Israel’s representative was ousted from the auditorium at the African Union Summit in Addis Ababa, following apparent pressure from Algeria and South Africa after Israel’s observer status in the organization was reinstated. (February 18, 2023). For further information, click here

Publications of human rights NGOs

• The Legal Center for Arab Minority Rights in Israel said that the Israeli new law to revoke citizenship or permanent residency from Palestinians constitutes a flagrant violation of international law. (February 15, 2023). For further details, click here
• Thirteen human rights and civil society organizations in Israel called on the UN Security Council to act against the illegal settlements in Occupied Palestinian Territory. (February 17, 2023). For further details, click here
• Americans for Justice in Palestine Action and other activist groups are urging the Biden administration to support a United Nations Security Council Resolution that deems Israeli settlement activity illegal, or to at least direct the US delegation to abstain from voting. (February 17, 2023). For further details, click here

Opinion Pieces and features

• Nathaniel Berman wrote an article in the Israeli newspaper Haaretz titled, “Israel’s Supreme Court Is No Human Rights Savior. Just Ask the Palestinians”. (February 14, 2023). For further details, click here