PALESTINE’S LEGAL SCENE –Issue.170

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

2-8 April 2023

Issued every Sunday by Law for Palestine

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

Translation: Mays Abu Atwan 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

• The National Council condemned the Israeli occupation’s crimes in the city of Nablus, which resulted in the killing of two young men, Mohammad Junaidi Abu Bakr and Muhammad Nasser Said Al-Hallaq. (April 3, 2023). For further details, click here
• The Palestinian Council of Ministers condemned the continuous settler incursions into the Al-Aqsa Mosque, their calls for animal sacrifice in its courtyards, their execution of Mohammed Al-Aseeby from Hura in the Negev, and their arrests of worshippers during Ramadan. The Council also condemned the execution of Mohammed Bradya from the town of Sourif and the murders of Muhammad Al-Hallaq and Mohammad Abu Bakr in the City of Nablus. (April 3, 2023). For further details, click here
• The Palestine Football Association denounced the persistent culture of turning a blind eye to the continuous assaults against Palestinian athletes and sports facilities. (April 4, 2023). For further details, click here
• The spokesman for the Palestinian Presidency, Nabil Abu Rudeineh, warned the Israeli occupation authorities against crossing the red lines in holy places as doing so will lead to the big explosion. (April 4, 2023). For further details, click here

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

• The Israeli Supreme Court issued a decision granting the Samreen family, who was threatened with eviction, the right to stay and use their property in Silwan for the benefit of the settlement company “Hemunta”.(April 3, 2023). For further details, click here
• The Israeli newspaper Haaretz revealed that the Israeli government intends to double their budget for settlement councils in the West Bank from 20 to 40 million shekels in order to monitor and prevent construction work by Palestinians in Area C. (April 4, 2023).For further details, click here 

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

• King Abdullah II of Jordan called for deterring Israeli escalation against the Islamic and Christian holy sites in Jerusalem and stressed the need to halt displacement of Christians. He also reiterated that efforts to improve the humanitarian and economic conditions of Palestinians does not in any way mean abandoning Palestinians’ right to an independent state.(April 2, 2023). For further details, click here
• The Organisation of Islamic Cooperation condemned the continuation of Israeli aggression against the city of Nablus, which has recently resulted in the death of two Palestinian citizens. (April 3, 2023). For further details, click here
• In her meeting with the Israeli counterpart, France’s Foreign Minister called on Israel to refrain from taking any unilateral measure that could increase tensions with Palestinians.(April 3, 2023). For further details, click here
• In its 52nd session, the United Nations Human Rights Council adopted tworesolutions in favor of Palestine – one on the right to self-determination and the other on the illegality of Israeli settlements.(April 4, 2023). For further details, click here
• The Ministries of Foreign Affairs of Jordan, Egypt, Saudi Arabia, Turkey, Qatar, Iran, and Kuwait condemned the Israeli occupation forces’ illegal storming of the Al-Aqsa Mosque’s courtyards, assaults of Muslim worshipers, and arrests of a number of Palestinian citizens. (April 5, 2023)
• The Organization of Islamic Cooperation, Arab League, Gulf Cooperation Council, and the Arab Parliament condemned the Israeli occupation forces’ storming of the Al-Aqsa Mosque and brutal assault on worshipers in its courtyards. (April 5, 2023)
• During its recent session, the permanent delegates of the Council of the League of Arab States demanded that the UN, including the Security Council, assume their legal, moral, and humanitarian responsibilities towards Palestine, halt the current Israeli occupation aggression against the Al-Aqsa Mosque, provide international protection for the Palestinian people, and preserve their right to freedom of worship.(April 5, 2023).For further details , click here
• The United Nations Special Coordinator for the Middle East condemned “the images of violence inside the al-Qibli mosque” in Jerusalem and expressed frustration at the large number of arrests and apparent beating of Palestinians by Israeli security forces. He also denounced “the stockpiling and use of fireworks and rocks by Palestinians inside the mosque”. (April 5, 2023). For further details, click here
• The Spokesman of the UN Secretary-General Antonio Guterres said he is “appalled” by the Israeli forces’ violence against worshipers at the Al-Aqsa Mosque complex.(April 5, 2023). For further details, click here
• Palestine and Jordan, with the support of the UAE and China, asked the UN Security Council to convene an emergency meeting to discuss Israel’s violations at Al-Aqsa Mosque. (April 5, 2023). For further details, click here
• The Bureau of the UN Committee on the Exercise of the Inalienable Rights of the Palestinian People (CEIRPP) condemned Israel forces’ intrusion, violence against Palestinian worshipers in Jerusalem’s holy sites and called for accountability. (April 5, 2023). For further details, click here
• The UK Minister of State Foreign Commonwealth & Development Affairs stated they are “Shocked to awake to the disturbing scenes of Israeli Security forces’ raid on the Al Aqsa Mosque in Jerusalem injuring many worshippers during Ramadan. “Violence only fuels more violence. The sanctity & status of the Holy sites must be respected & protected.”, he added. (April 5, 2023). For further details, click here
• Tunisia, Morocco, Syria, Malaysia, South Africa, Zimbabwe and Kuwait condemned the Israeli occupation forces’ storming of Al-Aqsa Mosque and attacking worshipers.(April 5/6, 2023)
• The National quoting a UN official: The United States blocked the adoption of a UN Security Council press statement condemning the recent Israeli police raids on Al Aqsa Mosque in Jerusalem. (April 7, 2023). For further details, click here
• More than 30 independent experts in the United Nations sent a letter to Mr. Karim Khan, Prosecutor of the International Criminal Court (ICC), calling on him to accelerate the ICC investigation into war crimes and crimes against humanity committed in the Occupied Palestinian Territories. They also called for more resources to be dedicated to this investigation. (April 7, 2023). For further details, click here
• The Chinese government envoy for Middle East affairs called on all parties to uphold and safeguard the historical status quo of the sacred sites in Jerusalem. It further added that the best way to resolve the conflicts between Palestine and Israel is through implementation of the two-state solution and the establishment of an independent state of Palestine. (April 7, 2023). For further details, click here
• The European Union expressed deep concern about the “deadly terrorist attacks in Tel Aviv,” the “violence in the holy places,” and the “indiscriminate rocket attacks on Israel from Gaza and Lebanese territories,” and affirmed that “Israel has the right to defend itself. At the same time, any response must be proportionate.” (April 8, 2023).For further details, click here
• The UN Special Rapporteur in the Occupied Palestinian Territories, Francesca Albanese stated that “The loss of life in the oPt & Israel is devastating”. She added that “Israel has a right to defend itself, but can’t claim it when it comes to the people it oppresses/whose lands it colonizes.” (April 8, 2023). For further details, click here

Publications of human rights NGOs and institutes

• Meta Oversight Board announced that it has accepted a request from Meta for a policy advisory opinion on its approach to moderating the Arabic term “shaheed” (martyr) when used to refer to individuals it classifies as dangerous. Furthermore, it invited people and organisations to submit public comments on the matter. (March, 2023). For further details, click here
• Médecins Sans Frontières (MSF) issued a new report on the health impacts of the Israeli authorities’ coercive measures of evacuating residents from MasaferYatta. It also called on the international community to take immediate, necessary measures to protect MasaferYatta’s residents and ensure their human rights are upheld. (April 3, 2023). For further details, click here
• Alongside a number of education unions, UNISON urged the Israeli government to halt the demolition of Jubbet ad Dib, a small primary school southeast of Bethlehem. The school is built on private land, donated by the local community. (April 3, 2023).For further details, click here
• Sixty human rights and civil rights organizations, including Human Rights Watch, sent an open letter to the UN Secretary-General urging the UN to not endorse or adopt the International Holocaust Remembrance Alliance’s (IHRA) working definition of anti-Semitism, since it has been consistently misused to falsely label some criticism of Israeli government policies and advocacy for Palestinian rights as anti-Semitic. (April 4, 2023). For further details, click here
• On the Palestinian Child Day, the Palestinian Centre for Human Rights called on the international community to provide protection for Palestinian children and exert pressure on Israel to end their recurring crimes and attacks against them. (April 5, 2023). For further details, click here

Research and academic studies (in Arabic and English):

• Professor John Qiugley published a research article titled “Prohibition of Palestine Arab Return to Israel as a Crime Against Humanity”. To read more about this, click here
• Researcher ShpendKursani published a research article titled “Costs of International Recognition: Palestine’s and Kosovo’s Struggle with Negotiated Statehood”. To read more about this, click here
• Researchers Ronit Levine-Schnur, Tamar Megiddo, and Yael Berda published a research article titled “A Theory of Annexation.”. To read more, click here

Legal Achievements/Impacts for Palestine

• Palestinian and Brazilian organizations announced that they achieved an important boycott victory by canceling the so-called “Israeli Universities Festival” at UNICAMP University. (April 3, 2023). For further details, click here

Upcoming human rights opportunities and events

• The Institute for Religion, Culture and Public Life at Columbia University announced an upcoming event titled “Race and Catastrophe: Lessons from Palestine”. For further details, click here
• The Balfour Projects announced its next annual conference entitled “Human Rights in Palestine: Responsibility and Accountability”. For further details on the conference, click here
• The Centre of the Study of the Holocaust, Genocide, and Crimes Against Humanity will host a virtual event titled “Beyond the Settler State: Anticolonial Pasts and Futures in Palestine/Israel.” For further details, click here