PALESTINE’S LEGAL SCENE –Issue.176

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

14 – 20 May 2023

Issued every Sunday by Law for Palestine

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

Translation: Asma Louzon 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 (5 minutes read)

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

• The Palestinian Minister of Foreign Affairs (PFM) condemned the statements of the Israeli Minister of National Security, Ben Gvir, calling for more assassinations and launching a bloody attack in the West Bank. The Ministry further called on the International Criminal Court to issue an arrest warrant against him. (May 14, 2023). For further details, click here
• During his speech at the United Nations on the 75th anniversary of the Nakba, the Palestinian President called for the suspension of Israel’s membership in the UN, pointing out that, since its establishment in 1948, Israel has never fulfilled its obligations or the prerequisites for its membership and stressing that the Nakba has not yet ended. (May 15, 2023). For further details, click here
• The PFM condemned the statements of the Israeli Prime Minister regarding the march of flags, considering them provocative. The Ministry also expressed its dissatisfaction with the silence of the international community towards his incitement calls. (May 16, 2023). For further details, click here
• In a special event held in the British Parliament to commemorate the 75th anniversary of the Nakba, Palestinian Ambassador Hussam Zomlot called on the UK to criminalize Nakba denial, recognize the State of Palestine, and match their words with concrete actions in support of international law.(May 16, 2023).For further details, click here
• The PFM condemned the Israeli Knesset’s passing of a law that bans raising the Palestinian flag, suppresses protests, and imposes severe penalties on those who do, including arrests and prison sentences.(May 17, 2023). For further details, click here
• The PFM condemned the Israeli Defense Minister’s decision to start implementing the law of “canceling the disengagement from settlements in the occupied northern West Bank,” which means allowing extremist settlers to return to the evacuated “Homesh” outpost.(May 18, 2023). For further details, click here
• The PFM expressed disappointment at the feeble international and UN response to the racist, anti-Palestinian slogans and profanities shouted by Israeli settlers during the “March of Flags”. (May 19, 2023).For further details, click here
• The Palestinian President called on the Arab leaders during the Arab Summit to present written pleadings from their countries before the International Court of Justice to issue an Advisory Opinion on the illegality of the Israeli apartheid regime. (May 19, 2023).For further details, click here

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

• Israeli Prime Minister, Benjamin Netanyahu, confirmed that a controversial nationalist parade will take place in Jerusalem on Thursday, including the annual stride through the Old City’s Muslim Quarter. At the outset of his Likud party’s faction meeting at the Knesset Netanyahu proclaimed that “anyone coming to hurt us, will [now] better understand the meaning of the words ‘his blood is on his own hands’” (May 15, 2023). For further details, click here
• In a unanimous ruling, the Israeli High Court of Justice rejected a petition by the right-wing organization Regavim demanding the government immediately demolish the West Bank Bedouin encampment Khan al-Ahmar, saying the timing of such an operation is at the discretion of the government itself.(May 15, 2023). For further details, click here

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

• France called for opening the Rafah crossing to Gaza permanently in order to ensure the entry of humanitarian aid and fuel as well as rapid transport of injured patients in need of treatment.(May 14, 2023). For further details, click here
• On the 75th anniversary of the Palestinian catastrophe (the Nakba), the OIC and Arab Parliament reaffirmed their firm support for the inalienable rights of Palestinians, including their right to return and the establishment of their independent state in the 1967 borders with East Jerusalem as its capital. (May 15, 2023).
• Rosemary DiCarlo, the Under Secretary General for Political and Peacebuilding Affairs, emphasized the ongoing importance of the Palestinian catastrophe (Nakba) that serves as a stark reminder to the world’s longest standing, protracted refugee crisis and called for an end to the occupation. Additionally, UNRWA’s Commissioner-General emphasized the urgent need for collective solidarity to solve the permanent plight of Palestinians. (May 15, 2023). For further details, click here
• In a statement delivered in the United Nation on the 75th anniversary of Nakba, the Jordanian King said that “The solution to the Palestinian issue is the key to peace and stability in the Middle East.” He further called on the international community to work on establishing a political horizon that paves the way for re-launching serious and effective negotiations toward a just and comprehensive solution. (May 16, 2023). For further details, click here
• The Mayor of Belém Brazil declared his city an Apartheid-Free Zone, and denounced Israel’s treatment of Palestinians as a true apartheid. (May 16, 2023). For further details, click here
• New York State Assembly member Zohran Mamdani introduced legislation to stop registered charities in New York City from sending tens of millions of dollars a year to illegal Israeli settlements in the occupied West Bank, which are considered as war crimes under the Geneva Conventions.(May 17, 2023). For further details, click here
• TheArab League, OIC, and Arab Parliament condemned the incursions into the Al-Aqsa Mosque courtyards by Knesset members and ministers in the Israeli occupation government under the protection of the occupation forces.(May 18, 2023).
• The Jordanian Ministry of Foreign Affairs expressed concern about worsening conditions resulting from the provocative flags march in occupied Jerusalem and stressed that Israel has no sovereignty over Jerusalem and that East Jerusalem is an occupied Palestinian territory. (May 18, 2023). For further details, click here
• The United Nations Coordinator for the Middle East Peace Process denounced the racist chanting by some Israeli participants in the annual flag march in the Old City of Jerusalem, stressing the responsibility of all leaders to act against such extremists.(May 19, 2023). For further details, click here
• The Saudi Crown Prince, Jordanian king, and Deputy Prime Minister of the Sultanate of Oman said at the Arab Summit that peace and security cannot be achieved with ongoing construction of settlements, confiscation of lands, demolition of homes, displacement of Palestinians, and destruction of the remaining opportunities to achieve the two-state solution.(May 19, 2023).
• Kuwait’s Ministry of Foreign Affairs condemned the invasion of the Al-Aqsa Mosque by Israeli occupation government officials and members of the Knesset, affirming that such actions are illegal and emphasizing the importance of respecting holy places.(May 19, 2023). For further details, click here
• At the Jeddah Summit at the conclusion of the 32nd summit of the Arab League Council, Arab leaders restated the significance of the Palestinian cause and the importance of its vitality for bringing stability to the region. They further stressed the need for a comprehensive and just settlement of the issue. (May 19, 2023). For further details, click here

Publications of human rights NGOs:

• Al-Haq published an article titled “Israeli Apartheid – The Legacy of the Ongoing Nakba at 75”. (May 15, 2023). For further details, click here
• The Arabic Network for National Human Rights Institution called on the international community to take effective and serious action to compel Israel, the occupying authority, to respect the rules of international humanitarian and human rights law, protect the Palestinian people, end their long-term military occupation, dismantle the system of apartheid, and allow Palestinians to exercise their non-negotiable rights, including the right of return for refugees, the right to self-determination, and the establishment of their independent state on their land. (May 15, 2023).For further details, click here
• The Middle East Eye reported that classified cables reveal that the UK knew of mass killings and displacement of Palestinians by Jewish Militia in May 1948, but downplayed them and refused to intervene. (May 15, 2023). For further details, click here
• Peace Now stated that the Israeli government intends to annex more of the occupied territory. It is expected that 613 units of settlements will be advanced, including the construction for “Ariel West,” a new settlement north of Ramallah. Additionally, a discussion was held at the subcommittee for settlements in the Civil Administration to promote the planning of 554 residential units in Givat Ze’ev north to Jerusalem. (May 17, 2023). For further details, click here
• The European Legal Support Center and the Rights Forum are suing nine Dutch universities after their refusal to comply with an information request submitted on behalf of Dutch Scholars for Palestine and student activists demanding transparency on the universities’ human rights policy on Palestine and ties to pro-Israel organisations. (May 17, 2023). For further details, click here
• Amnesty International called for the immediate and unconditional release of Mohammed al-Halabi, a Palestinian prisoner of conscience serving a 12-year sentence in Israel. Mohammed, a humanitarian worker from Gaza, spent six years in detention pending trial, before he was convicted in deeply flawed proceedings of diverting money to Hamas. (May 17, 2023). For further details, click here

Upcoming human rights opportunities and events:

• The UN Committee on the Exercise of the Inalienable Rights of the Palestinian People for the first time commemorated the 75th anniversary of the Nakba at the UN Headquarters in New York. (May 15, 2023).For further details, click here
• The Palestinian Return Centre held a webinar called “Ongoing Nakba at 75: Palestinians Demand Right of Return”. (May 16, 2023). For further details, click here