PALESTINE’S LEGAL SCENE –Issue.164

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

19-25 February 2023

Issued every Sunday by Law for Palestine

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

Translation: Asma Louzon and Sabrin Alsheikh Ahmed
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 Advisor to the President of Religious Affairs condemned the attacks by settlers on a mosque in the Old City of Hebron and the destruction of its windows and some of its facilities. (February 19, 2023). For further details, click here
• The Palestinian Ministry of Foreign Affairs denounced the “ethnic cleansing,” collective sanctions, and policies of Minister Ben Gafir in Jerusalem. It urged the UN Security Council to fulfill its obligations by upholding its decisions and seeing to their implementation. (February 19, 2023). For further details, click here
• The Palestinian Ministry of Foreign Affairs strongly condemned the “barbaric incursion of the occupation forces into the city of Nablus, which led to the death of a number of young men and children and the wounding of dozens.” The Ministry also stated that it was following up on these crimes with the international againces and competent international courts. (February 22, 2023). For further details, click here
• The Ministry of Foreign Affairs of Palestine has condemned Israeli Prime Minister Benjamin Netanyahu’s boasting about the “mentality and reckless use of force” employed by his army in terrorizing and killing Palestinian civilians. (February 23, 2023). For further information, click here

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

• The Knesset (Israel’s parliament) passed a bill in the first reading to stop the state funding of unnecessary medical treatment for Palestinian detainees. Also, it approved a bill canceling travel ban rules imposed on Palestinian civilians under judicial procedures (debt cases). (February 22, 2023). For further details, click here and here
• Finance Minister Bezalel Smotrich was given power over civilian life in Area C of the West Bank. Simultaneously, the Civil Administration has advanced plans for 7,157 new settler homes and prepared to push forward with the contentious E1 project. (February 23, 2023). For further details, click here
• The Civil Administration’s High Planning Subcommittee convened for the first time this week since the establishment of the new government, advancing plans for 7,157 new settler homes. The body is slated to publish housing tenders for about 2,000 settlement homes by the end of the week. (February 24, 2023). For further details, click here

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

• Belgian MP Simon Moutquin called for Israeli settlement products to be barred from entering EU markets, as he said, “Occupation of Palestine is illegal, and we can’t participate in that illegality by accepting tons of colony-made products to be in our stores.” He also called for the signing of a petition against the importation of colony products. (February 19, 2023). For further details, click here
• The Security Council adopted a presidential statement expressing its strong opposition to all unilateral measures that impede peace — including Israeli construction and expansion of settlements, confiscation of Palestinians’ land and the “legalization” of settlement outposts, demolition of Palestinians’ homes, and the displacement of Palestinian civilians. (February 20, 2023). For further details, click here
• The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has launched an interactive bilingual mobile platform (eUNRWA) to enhance registration services for Palestine refugees and other eligible persons within its fields of operation and beyond.(February 20, 2023). For further details, click here
• The US Supreme Court has announced that it will not hear the Arkansas Times case challenging Arkansas’ Anti-Boycott Israel law— a law that forces state government contractors to pledge not to boycott Israel and limits state business with those who refuse to sign the pledge. (February 21, 2023). For further details, click here
• US Congresswoman Rashida Tlaib stated that the “far-right” US Supreme Court’s refusal to take up the case to overturn Arkansas’ unconstitutional anti-boycott law is a dangerous path. She further said that, “no matter what the Supreme Court says today, the right to boycott is fundamental and is protected under the First Amendment” of the US Constitution. (February 22, 2023). For further details, click here
• The foreign ministers of Saudi Arabia, Qatar, Oman, Kuwait, Algeria, Turkey, Pakistan, the UAE, Bahrain and the Arab parliament condemned the Israeli incursion into the city of Nablus, which led to the deaths of at least 10 Palestinians and wounded dozens. (February 22, 2023)
• EU High Representative of the Union for Foreign Affairs and Security Policy, Josep Borrell, said that the EU deplores the death of civilians in Nablus and “reiterates that the use of force must be proportionate, in full respect of international humanitarian law, and come only as a last resort when strictly unavoidable to protect life” (February 22, 2023). For further details, click here
• UN Secretary-General António Guterres: Regional and international partners must collectively work with greater urgency and determination to help Palestinians and Israelis break chronic cycles of violence and restore a credible political horizon, said the UN chief. “Our immediate priority must be to prevent further escalation, reduce tensions, and restore calm.” (February 22, 2023). For further details, click here
• Spokesperson for the U.S. government, Edward Price, said that: “We are extremely concerned by violence in Israel and the West Bank, including today’s loss of civilian life in Nablus” (February 23, 2023). For further details, click here
• UN High Commissioner for Human Rights Volker Türk expressed concern at the escalating cycle of violence in Israel and the Occupied Palestinian Territory after 11 Palestinians were killed and at least 100 injured with live ammunition in an Israeli operation in Nablus (February 23, 2023). For further details, click here
• The Secretary General of the Arab Lawyers Union calls on the international community and the UN Security Council to take immediate action in order to provide full protection to Palestinians and hold the Israeli occupation accountable. (February 23, 2023). For further details, click here
• Egypt’s permanent representative to the United Nations asserted Egypt’s full backing of the legitimate rights of Palestinians. He also called for continued placement of the Palestinian issue on the agenda of the international community till the Palestinian people attain their freedom and an independent state on 1967 borders with east Jerusalem as its capital. (February 23, 2023). For further details, click here
• Experts from the United Nations have cautioned that the proposed reintroduction of the death penalty for “terrorist offenses” in Israel would represent a major setback, particularly given indications that the punishment would be disproportionately meted out to “minorities residing within the state or those living under 55 years of military rule and occupation.”.(February 23, 2023). For further information, click here
• UN Palestinian Rights Committee Bureau condemns the extreme violence carried out by Israeli forces in Nablus which led to the killing of 11 Palestinians—including a minor and an elder alongside the injuring of more than 100 others— and calls for the protection of Palestinians. (February 24, 2023). For further information, click here
• The EU condemns the Israeli authorities approval of plans for advancing more than 7,000 housing units in illegal settlements in the occupied West Bank. The EU reiterates its position that settlements are illegal under international law. (February 24, 2023). For further information, click here

Publications of human rights NGOs

• The Palestinian Journalists’ Union urged the International Union of Journalists to step in and exert pressure on social media companies to cease censoring Palestinian content, particularly on the Facebook platform, which “has an obvious tie with the occupation system.”. (February 20, 2023). For further details, click here
• B’tselem: “The sole purpose of this baseless indictment, and of all Israel’s direct and indirect actions taken against B’tselem field researcher, Nawaj’ah, is to undermine his work and that of our entire organization. B’Tselem and Nawaj’ah will continue to document reality and work to end the regime of occupation and apartheid.”. (February 20, 2023). For further information, click here
• The National Palestinian Committee for Boycott issued a call for all Arab and Palestinian experts to boycott the eleventh edition of the Exotic Wedding Planning Conference, scheduled to take place in the United Arab Emirates from March 1 to March 3, 2023, due to its violation of anti-normalization and boycott standards. (February 21, 2023).For further information, click here
• J Street welcomes the statement issued by the Security Council condemning the Israeli settlements in the Palestinian Territories and urges further actions to deter annexation. (February 21, 2023). For further details, click here
• 88 Palestinian, regional, and international civil society organizations welcome the historic announcement by the Barcelona City Council to suspend all institutional relations with apartheid Israel until Israeli authorities put an end to the system of Palestinian human rights violations. (February 21, 2023). For further details, click here
• Palestinian Center for Human Rights and Al Mezan Center for Human Rights condemn the arrest of four fishermen and confiscation of their boats from Gaza’s shores and they call on the international community to protect Palestinian civilians. (February 22, 2023). For further information, click here
• Al-Haq organization alongside a number of Palestinian civil society organizations sent a joint urgent appeal to the UN Special Procedures on collective punishment and arbitrary measures implemented by the Israeli Prison Services against Palestinian prisoners and detainees. The urgent appeal highlights a number of alarming measures, including Ben-Gvir’s plans to pass ‘the death penalty law for terrorists’ and to cancel regulations allowing any Knesset members to meet with Palestinian prisoners. Furthermore, the urgent appeal underlines that the Israeli Knesset cleared and approved its first reading of proposed legislation aimed at revoking Israeli citizenship or the ‘permanent’ residency of Palestinians imprisoned over widely defined “acts of terror”. (February 23, 2023). For further details, click here
• 35 Palestinian civil society organizations urge the ICC to issue a preventive statement in light of the high rise of Israel’s killings and punitive measures against Palestinians especially following vicious military attacks on the cities of Jenin and Nablus. (February 23, 2023). For further details, click here

Opinion Pieces and Features

• Jurist Organisation issues an article by the lawyer Louis Rene Beres entitled: “Another Gaza War? Legal and Strategic Aspects of Israeli Counterterrorism.” For further details, click here
• Michael Lynk writes an article titled “What Does the U.S. Get Out of Shielding Israel From Accountability at the U.N.?”. For further details, click here

Legal Achievements/Impacts for Palestine

• A Berlin court threw out charges against Jüdischerantifaschistische Bund party activist who was accused of “illegally” demonstrating in support of Palestinian rights around 15 May last year, the annual commemoration of Nakba Day (February 17, 2023). For further details, click here/ here

Upcoming human rights opportunities and events

• Foundation for Middle East Peace announces a webinar entitled: “Learning & Unlearning Palestine Pt 3: Normalizing and Peacemaking as Discourses of Violence”. It takes place on February 27, 2023 at 11am – 12:15 pm Eastern. For further details, click here