PALESTINE’S LEGAL SCENE –Issue.175

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

7 – 13 May 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: 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 (5 minutes read)

Judicial decrees, decisions, positions, and orders issued by official Palestinian bodies:

• The Palestinian Ministry of Foreign Affairs (PFM) condemned Israeli settlers’ establishment of a new outpost in the town of Mikhmas, northeast of occupied Jerusalem. The Minister explained that the settlers’ actions are part of the ongoing, silent, and creeping annexation process of the occupied West Bank, under the Israeli army’s supervision and support. (May 7, 2023). For further details, click here
• The Palestinian National Council called on the international community and organizations to intervene to stop the biblical lessons and vigils near the Bab Al-Rahma chapel, at the eastern entrance to the blessed Al-Aqsa Mosque. (May 7, 2023). For further details, click here
• The PFM called on UNESCO to intervene to prevent the Israeli occupation authorities from establishing a settlement site adjacent to Sebastia village, which would severely damage the historical site in the village. (May 8, 2023). For further details, click here
• The Permanent Representative of Palestine to the UN sent three identical letters to UN officials regarding the Israeli occupation’s ongoing systematic violations of human rights and serious breaches of international law in the occupied Palestinian Territories, including East Jerusalem, without any accountability. (May 9, 2023). For further details, click here
• The PFM condemned the Israeli occupation army’s heinous crimes in the Gaza Strip, including killing 13 Palestinians including children, women, and unarmed citizens. The Ministry called on the international community to urgently intervene to stop the Israeli aggression against the Palestinian people. (May 9, 2023). For further details, click here
• The PFm condemned the continuation of the barbaric Israeli aggression against the Palestinian people in the Gaza Strip and stated that Netanyahu exploits the protection provided by some western countries to continue breaching international law. (May 10, 2023). For further details, click here
• Palestinian Prime Minister called for the UN to urgently intervene to stop Israel’s massacres of Palestinians in the Gaza Strip and the West Bank, and called for implementation of international laws and boycotting of Israel. (May 12, 2023). For further details, click here

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

• The Israeli National Security Minister called for implementing security and judicial measures in exchange for the return of his led Jewish movement to vote for the ruling coalition in the Knesset. This would include significant military operations against terror in the West Bank and toughening incarceration conditions for Palestinian prisoners. (May 8, 2023). For further details, click here
• For the first time, Israeli military forces apologize for the death of Al Jazeera’s Shireen Abu Akleh. (May 12, 2023). For further details, click here

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

• During a meeting with a delegation from the United States Congress, Egypt’s President emphasized the importance of resuming negotiations between Palestinians and Israelis in order to achieve a just and comprehensive resolution of the Palestinian question in accordance with international terms of reference. (May 6, 2023). For further details, click here
• The European Union expressed concern and regret over the destruction and evictions carried out by the Israeli occupation authorities. The most recent of these was the demolition of a European Union-funded school in the Jubbet Ad Dhib area, which served 60 children. The EU called for respect for children’s rights and the right to education. (May 7, 2023). For further details, click here
• The European Union canceled the diplomatic reception scheduled to celebrate Europe Day on May 9th, in opposition to the participation of extremist Minister Ben-Gviras, a representative of the Israeli government. The EU said it canceled the ceremony because it did not want to offer a platform to someone whose views contradict the EU values. (May 8, 2023). For further details, click here
• The PFM of Algeria, Syria, Egypt, Qatar, France, Turkey, Jordan, the United Arab Emirates, Libya, Spain, Mauritania, the Sultanate of Oman, Kuwait, and Tunisia condemned the Israeli attack on the Gaza Strip, and called on the international community to intervene urgently to stop the aggression and to impose respect for the rights of the Palestinian people, including their right to establish an independent State with Jerusalem as its capital. (May 9, 2023)
• The Organization of Islamic Cooperation, the Arab Parliament, and the Gulf Cooperation Council condemned Israel’s aggression against the Palestinian people, particularly in Gaza, held the Israeli government fully responsible for this dangerous escalation, and urged the international community to intervene immediately to halt Israeli aggression, provide international protection to the Palestinian people, prosecute Israeli criminals, and help achieve justice. (May 9, 2023)
• Tor Wennesland, the United Nations Special Coordinator for the Middle East Peace Process, condemned the deaths of civilians in the Gaza Strip and urged all concerned to exercise restraint. (May 9, 2023). For further details, click here
• Ireland’s Foreign Minister, Micheál Martin, called for de-escalation and cessation of provocative activities in the Gaza Strip, lamenting the human toll, and emphasizing that the death of people, especially children, was completely unacceptable and must cease. It also denounced the demolition of the European Union-funded school in the occupied West Bank by Israeli authorities. (May 9, 2023). For further details, click here
• House of Representatives Speaker and Republican Party member, Kevin McCarthy, blocks the democratic Congresswoman Rashida Tlaib from hosting a pro-Palestine congressional event in the House of Representatives, hosting instead the passing of 75 years of U.S.-Israeli relations. (May 9, 2023). For further details, click here
• At an emergency meeting held at the headquarters of the Secretariat-General, the League of Arab States Council urged the International Criminal Court to examine all options for exercising its jurisdiction in the occupied Palestinian territory, to complete the investigation, and to provide all necessary human and material means and priority.(May 10, 2023). For further details, click here
• France, China, and Russia invited the permanent members of the United Nations Security Council, as well as the non-permanent member State of the United Arab Emirates, to an emergency closed meeting of the Security Council on May 11 to discuss developments in Gaza. (May 9, 2023). For further details, click here
• The European Union expressed grave concern about the escalation in Gaza following Israeli air raids. The EU said it deeply regrets the loss of civilian lives, including children, and called for the respect of international humanitarian law. (May 9, 2023). For further details, click here
• Germany’s Foreign Ministry condemned rocket attacks from Gaza on Israel, saying that “There is no justification whatsoever for these indiscriminate attacks & they must stop immediately”. The office also said it upholds the right of the people of Israel and Gaza to live in peace and safety. (May 10 , 2023). For further details, click here
• Luxembourg said, “We are deeply dismayed at the loss of civilian lives… as the result of Israeli air raids on Gaza yesterday. This violence further exacerbates an already desperate situation. We call on Israel to respect IHL and protect civilian lives.” (May 10, 2023). For further details, click here
• The Swiss Foreign Ministry stated about the escalation in Gaza “Civilians must be protected at all times. We are in contact with all sides to urge them to respect international humanitarian law and restore calm.” (May 10, 2023). For further details, click here
• The Secretary-General of the United Nations condemned the loss of civilian life, including that of children and women. He said that Israel must abide by its obligations under international humanitarian law, including the proportional use of force and taking all feasible precautions to spare civilians and civilian objects in the conduct of military operations. He also condemned the indiscriminate firing of rockets from Gaza, which violates international humanitarian law. (May 10, 2023). For further details, click here
• The foreign ministers of Egypt, France, Germany, and Jordan expressed deep concern over the deterioration of the situation in the occupied Palestinian territories, especially the developments in Gaza, which resulted in civilian casualties. They called for an “immediate and comprehensive ceasefire” and stressed the need to respect international humanitarian law. (May 10, 2023). For further details, click here
• The United Nations Relief and Works Agency for Palestine Refugees (UNRWA) said it “continues to respond to the communities’ needs adding that the loss of life among civilians -including women and children- in the Gaza Strip is just tragic.” (May 11, 2023). For further details, click here
• Malaysia condemned the airstrikes launched by the Israeli regime on residential buildings and other sites in Gaza and called upon the international community to firmly censure the Israeli regime for incessantly committing the inhumane oppression and dreadful crime of apartheid against the Palestinians. (May 11, 2023). For further details, click here
• The United Nations World Food Program (WFP) announced that by next month 200,000 people will no longer be receiving food assistance due to a severe funding shortage. By August, the WFP will be forced to completely suspend operations in the West Bank and Gaza if no funding is received. (May 11, 2023). For further details, click here
• UN experts demand justice for the murder of Al Jazeera journalist Shireen Abu Akleh on the one year anniversary of her death. (May 11, 2023). For further details, click here
• The U.S. Department of Education opened a first of its kind investigation into anti-Palestinian discrimination at George Washington University. (May 11, 2023). For further details, click here
• US congressman Brad Sherman reintroduced “the Peace and Tolerance in Palestinian Education Act,” which aims to establish a system of U.S. reporting and oversight on educational materials produced by the PA and UNRWA. (May 12, 2023). For further details, click here
• Six US congressmen submitted a resolution calling for Biden to apply genocide prevention law to Israel and recognize the Palestinian Nakba. (May 12, 2023). For further details, click here
• UN Special Rapporteur Francesca Albanese said in an interview with The Guardian that Israel treats the Palestinian territories as its colonies and maintains the occupation to get as much land as possible for Jewish people. (May 12, 2023). For further details, click here
• The European Union’s foreign policy chief, Josep Borrell, opposed the potential of blocking financial aid to the West Bank’s Palestinian Authority (PA) over hateful and antisemitic content in Palestinian school books (May 12, 2023). For further details, click here / here

Publications of human rights NGOs:

• J Street said about Israel’s demolition of a Palestinian school in the community of Jubbet adh-Dhib, “It is just the latest example of how the occupation treats virtually all Palestinian construction and development in Area C of the West Bank as illegal and works to prevent Palestinians in occupied territory from living normal, autonomous lives.” (May 7, 2023). For further details, click here
• Peace Now reported that the Israeli government has ordered the Nature and Parks Authority to submit a development plan for the archaeological site of Sebastiya, saying that the plan will increase settler presence in the area and thus inevitably lead to a greater military presence and increased tension and violence. (May 8, 2023). For further details, click here
• The European Coordination of Committees and Associations Working for Palestine – ECCP sent a letter to the President of the European Commission, Ursula von der Leyen, regarding her statement issued on the 75th anniversary of the establishment of the State of Israel, accusing her of ignoring facts and blindly adopting the Israeli narrative, erasing the history, memory, and rich culture of Indigenous Palestinian people. (May 8, 2023). For further details, click here
• The Independent Commission for Human Rights strongly condemned the Israeli occupation forces’ demolition of the Challenge Mixed Basic School in the Jib adh-Dhib Bedouin community in Beit Ta’mir, east of Bethlehem. It further stated that the demolition is illegal and warned that another fifteen schools are at risk of demolition at any time. (May 8, 2023). For further details, click here
• The Al-Mezan Centre for Human Rights condemned the latest Israeli occupation’s military attacks on the Gaza Strip and urged accountability for Israeli crimes against the Palestinian people. (May 9, 2023). For further details, click here
• The Committee to Protect Journalists released a report exposing a pattern of lethal force by the Israel Defense Forces and the inadequate responses that evade accountability. (May 9, 2023).For further details, click here
• Al-Haq said that the Israeli attack on Palestinian homes in Gaza on May 9th violated international human rights law and international humanitarian law, and may constitute a war crime of willful killing. (May 9, 2023). For further details, click here
• CARE International strongly condemned the recent upsurge of violence in Gaza which has led to the killing of civilians, including women and children. CARE strongly called on all parties to fulfill their obligations to protect civilians as attacks on civilians and civilian infrastructure, whether intended or not, are an unacceptable breach of international humanitarian law. (May 10, 2023). For further details, click here
• Oxfam UK condemned the recent escalation in the Gaza Strip, the closing of the key crossings, and the barring of critical supplies from entering Gaza. (May 10, 2023). For further details, click here
• Al-Mezan Center published a report on Israel’s use of drones to carry out military operations in Gaza, stating that the sound of drones flying over Gaza creates a constant state of terror, panic, and anxiety among the more than two million Palestinians living in the Strip. (May 10, 2023). For further details, click here
• Hurryyat Center for the Defense of Liberties and Civil Rights published a report on the issue of Palestinian worshipers’ access to Al-Aqsa and freedom of movement and religion in East Jerusalem under Israeli occupation. (May 10, 2023). For further details, click here
• The Palestine Red Crescent Societyappealed to international organizations and the state parties to the Geneva Conventions to pressure Israel, the occupying power, to create a humanitarian corridor to allow the entry of medical supplies and humanitarian aid. (May 11, 2023). For further details, click here
• Human rights organizations called on the Israeli government to stop killing and targeting civilians and civilian infrastructure in Gaza and allow movement for humanitarian needs, immediately. (May 11, 2023). For further details, click here
• The Palestinian Center for Human Rights called on the International Criminal Court Prosecutor to issue a public statement condemning ongoing Israeli aggression on the Gaza Strip and expedite investigation into the situation in Palestine. (May 13, 2023). For further details, click here

Opinion Pieces and features:

• Americans for Peace Now published a written interview with Yossi Alpher titled “The Life, Final Hunger Strike, and Death of Khader Adnan,” which highlights Israel’s policy of administrative detention of Palestinians without trial. (May 8, 2023).For further details, click here

Human rights conferences and events:

• The BADIL Center organized a side event for the Universal Periodic Review session at the Human Rights Council titled “UPR of Israel: 75 years of denial of the Palestinian people’s rights to self-determination and return.” BADIL stressed the importance for states to adopt a rights-based decolonization approach as the framework for achieving the inalienable rights of the Palestinian people. (May 8, 2023). For further details, click here
• In Ireland, Amnesty International organized an anti-apartheid gathering for Palestinians in the presence of many members of the Irish Parliament and the Ambassador of the State of Palestine to Ireland. (May 10, 2023). For further details, click here