PALESTINE’S LEGAL SCENE –Issue.194

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

17 -23 Sep. 2023

Issued every Sunday by Law for Palestine

Prepared by: Razwan Issa, Nour Kharouf, Joman Al Khateeb

Translation: Mays Abu Atwan and Mai Shaheen
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 Issue 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 Islamic Waqf and Religious Affairs condemned the repeated incursions into Al-Aqsa Mosque by settlers, coinciding with the start of Jewish holidays, calling on the international community to intervene in order to put an end to these violations. (September 17, 2023). For further details, click here
• The Palestinian Ministry of Foreign Affairs condemned Israel’s ongoing efforts to forcibly displace Palestinians from Area “C” in order to accommodate settlers through the use of the military occupation forces. This is seen as detrimental to the prospects of establishing a Palestinian state in accordance with international legitimacy resolutions, and enhancing the “apartheid” system in occupied Palestine. (September 18, 2023). For further details, click here
• The Palestinian Ministry of Foreign Affairs welcomed the political and diplomatic efforts undertaken by Saudi Arabia, Jordan, Egypt, and the Arab League in partnership with the European Union, to revive the peace process, emphasizing the importance of committing to the two-state solution and the establishment of a Palestinian state along the 1967 borders. (September 18, 2023). For further details, click here
• The Palestinian Ministry of Foreign Affairs condemned the Israeli occupation forces’ seizure of a house in the village of Jalboun, east of Jenin, and regarded this seizure as an illegitimate and inhumane escalation. (September 19, 2023). For further details, click here
• The Palestinian Minister of Foreign Affairs called on his Canadian counterpart, Melanie Joly, to reevaluate and clarify Canada’s stance on the illegitimacy of Israeli settlements. This came after Canada had considered settlements, in particular, and Palestine in general, as “disputed territories” within consultations being conducted by the Canadian government regarding labeling products from those areas. (September 20, 2023). For further details, click here
• At the Ad Hoc Liaison Committee (AHCL) international donor group meeting in New York, the Palestinian Prime Minister called for international support for Palestine, pointing out that the deliberate Israeli piracy of Palestinian funds amounts to 800 million dollars annually and the international aid has decreased from 30% of the authority’s budget to just 3%. He also affirmed that “the Oslo agreement has evaporated in all aspects: security, political, legal, and financial”.(Sept 20, 2023). For further details, click here
• In his speech before the United Nations (UN) General Assembly, Palestinian President Mahmoud Abbas said that: “Those who think peace can prevail in the Middle East without the Palestinian people enjoying their full legitimate and national rights are mistaken.” He called for holding an international peace conference and warned that “the occupying power is actively digging tunnels under and around Al-Aqsa Mosque, threatening its collapse, or the collapse of parts of it, which will lead to an explosion with untold consequences”.(Sept 21, 2023). For further details, click here
• The Palestinian Ministry of Foreign Affairs, in response to the speech of Israeli Prime Minister Netanyahu at the UN: Netanyahu has once again confirmed that there is no vision or plan in his government’s program to engage in a political negotiation process with the Palestinians leading to the end of the occupation. He also stated that his alleged maps of the Middle East aim to erase the name and cause of Palestine.(Sept 23, 2023). For further details, click here

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

• Israel’s Foreign Ministry slams UNESCO’s decision to list ancient Jericho (Tel es-Sultan) as a World Heritage Site and promises to work “to change the distorted decisions that have been made”. (Sept 17, 2023). For further details, click here
• Prime Minister Benjamin Netanyahu urged United Nations Secretary-General Antonio Guterres to “change the UN’s approach” towards Israel during a meeting in New York. He also accused the world body of “baseless criticism of Israel.”.(Sept 21, 2023). For further details, click here

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

• The United Nations Educational, Scientific and Cultural Organization (UNESCO) decided to recognize ruins near ancient Jericho/Tell es-Sultan as a World Heritage site (September 17, 2023). For further details, click here
• The Arab Parliament condemns the storming of Al-Aqsa Mosque by settlers, protected by the Israeli police, and the closure of the Ibrahimi Mosque to worshipers on the so-called “Hebrew New Year” (Sept 17, 2023). For further details, click here
• The Foreign Ministry of Jordan, Saudi Arabia, Egypt, Qatar, and Malaysia condemn the storming of Al-Aqsa Mosque by a group of extremists under the protection of the Israeli police. The Organization of Islamic Cooperation (OIC) also considers the continued incursions an extension of Israel’s repeated violations of the sanctity of holy places.
• According to a new World Bank report, the Israeli restrictions and fiscal constraints in the West Bank and Gaza heavily affected the Palestinian economy and hinder timely access to healthcare. Additionally, they led to the downturn in the economy and increase in the poverty rates which threaten the future of Palestinians, as roughly 1 out of 4 Palestinians lives below the poverty line (September 18, 2023). For further details, click here
• The European Union, Saudi Arabia, the League of Arab States, in cooperation with Egypt and Jordan, launched an effort to reinvigorate the peace process in the Middle East. This effort seeks to produce a “Peace Supporting Package” that will maximize peace dividends for the Palestinians and Israelis once they reach a peace agreement. (September 18, 2023). For further details, click here
• The United States emphasized its commitment to furthering Israel’s regional integration, including through active diplomacy aimed at Israel-Saudi normalization. (September 18, 2023). For further details, click here
• The Committee on the Exercise of the Inalienable Rights of the Palestinian People issues its annual report for 2023. (Sept 18, 2023). For further details, click here
• During a meeting held on the sidelines of the UN General Assembly meetings in New York, the Six-Party Committee of the Organization of Islamic Cooperation (OIC) affirms the organization’s permanent position in supporting the cause of Palestine and Al-Quds Al-Sharif. The OIC further condemns the settlement policy and settlement attacks. (Sept 19, 2023). For further details, click here
• UNRWA’s Commissioner-General Philippe Lazzarini delivered a speech during a ministerial meeting titled “Peace Day Effort: An Effort for Middle East Peace,” emphasizing that “a sustainable peace is also one that addresses the plight of Palestine Refugees as enshrined in international and UN resolutions”.(Sep 19, 2023). For further details, click here
• The Foreign Ministry of Jordan and Egypt condemned the Israeli escalation in the occupied Palestinian territories, the last of which targeted the city of Jenin leaving six Palestinians dead and others wounded. They warned against the continuity of the vicious cycle of violence. (September 20, 2023).
• The Times of Israel: US President Joe Biden will press Prime Minister Benjamin Netanyahu to present significant concessions that he is willing to make to the Palestinians in order to help secure a normalization agreement with Saudi Arabia.(September 20, 2023). For further details, click here
• Saudi Crown Prince Mohammed Bin Salman said that “everyday we get closer” to Saudi Arabia normalizing ties with Israel, while clarifying that the Palestinian issue is still a “very important” component of the process.(Sept 21, 2023). For further details, click here
• A UN report mentioned that settler violence in the West Bank has led to the displacement of over 1,100 Palestinians since 2022. It also documented about three settler-related incidents each day in the West Bank — the highest daily average since the U.N. began documenting the trend in 2006. (Sept 21, 2023). For further details, click here
• In his speech before the UN General Assembly, the Chilean President stressed the illegality of the Israeli occupation of Palestine and the necessity of recognizing the rights of Palestinians under international law, while the Colombian President said that the rationales used to defend Ukraine must apply to Palestine as well. (September 22, 2023).
• The UN Special Rapporteur on Palestine, in response to Israeli Prime Minister Netanyahu’s raising a map that includes Palestinian territories as it is a part of “Israel”: “Erasure of Palestinians’ existence, whether through building colonies, the Judaization of Jerusalem and its school textbooks, or a map brandished at the UN, is flagrantly unlawful. The UN cannot tolerate this affront to its core values & principles as enshrined in the UN Charter”. (Sept 23, 2023). For further details, click here

Publications of human rights NGOs

• The Palestinian Center for Human Rights issued a press statement condemning the injury of a Palestinian journalist by Israeli forces on September 16th, while he was covering the protests in Khan Younis, southern Gaza Strip. (Sept 17, 2023). For further details, click here
• Save the Children: “2023 marks deadliest year on record for children in the occupied West Bank”. (Sept 18, 2023). For further details, click here
• Gisha posted an update indicating that on September 17^th, Israel’s Coordinator of Government Activities in the Territories (COGAT) announced that the reopening of Erez Crossing after the three-day closure for the Jewish holiday of Rosh Hashana would be “postponed.” The center described the procedure as “an act of illegal collective punishment”. (Sept 19, 2023). For further details, click here
• B’tselem publishes a new report revealing Israeli policies in the West Bank that aim to inflict great suffering on Palestinians in order to “uproot themselves, seemingly of their own accord.”, including by the Israeli construction and demolition ban, the increase in deliberate violence by settlers, and the support provided by the Israeli authorities for this violence. (Sept 19, 2023). For further details, click here
• Peace Now has published a chronological review of the key political decisions and actions taken by Israel since the formation of Netanyahu’s government in late December 2022, highlighting how settlement expansion and annexation have become its central policy. (September 20, 2023).For further details, click here
• Al Mezan Center for Human Rights published a new report on Israel’s resumption of the deliberate use of excessive and lethal force against Palestinian protesters in Gaza, killing one and injuring eight. (September 20, 2023).For further details, click here
• Amnesty International stated that the Israeli judiciary has regularly upheld laws and policies which help to maintain and enforce Israel’s apartheid system against Palestinians. However, the Israeli government’s plans for judicial overhaul will weaken the oversight powers of the Israeli Supreme Court and have human rights implications, especially for the Palestinians, which “would likely make things even worse”. (September 20, 2023). For further details, clickhere
• Amnesty International reported that Israel’s Lod District Court postponed a scheduled hearing on extending the solitary confinement of prisoner Ahmad Manasra, because he was too unwell to attend. The organization stated that Manasra has been living in isolation since November 2021, and upon his discharge from the clinic, “Israeli prison authorities will return him to solitary confinement and reschedule the court hearing. His nightmare goes on and on”.(September 20, 2023) For further details, click here
• Adalah (The Legal Center for Arab Minority Rights in Israel) submitted a petition to the Supreme Court on behalf of nine civil society organizations to challenge the “Admission Committees Law,” following its latest amendment approved by the Knesset in July 2023 (Amendment No. 12), which would promote Jewish settlement and discrimination against Palestinians. (September 21, 2023). For further details, click here
• The Arab Center, Washington DC, published a report by Mada al-Carmel entitled: “Political Persecution of Palestinians Using the Education System and Israeli Universities”.(September 21, 2023). For further details, clickhere

Opinion Pieces and features

• The New Arab website publishes a new article by Rami Rmeileh titled: “ The Sabra & Shatila massacre echoes past & ongoing Palestinian suffering” (Sept 18, 2023). For further details, click here
• Washington Report on Middle East Affairs publishes an article by Ian Williams titled: “London Reneges on Long-Standing Commitment to International Law” (Sept 18, 2023). For further details, click here
• The Jerusalem Fund for Education and Community Development published an article by Jehad Abusalim entitled: “Behind the Push for Saudi-Israeli Accord: Geopolitics, Ambitions, and Palestinian Concerns”. (September 19, 2023) For further details, clickhere
• The Palestinian Media Agency published an article (in French) about the Israeli military’s use of drones which led to a rise in exports and an increasing number of Palestinian deaths, but there is no public debate about their legality or morality. (September 20, 2023) For further details, clickhere
• The European Journal of International Law (EJIL: Talk!) published an article written by Victor Kattan and David Johnson entitled: “The Crime of Apartheid beyond Southern Africa: A Call to Revive the Apartheid Convention’s “Group of Three”. (September 21, 2023) For further details, clickhere
• The Guardian published an article by Nathan Thrall entitled: “ ‘A hidden universe of suffering’: the Palestinian children sent to jail.” (September 21, 2023). For further details, clickhere
• Fathom Journal published an article by Salo Aizenberg entitled: “How NGOs Fabricate the Legal Definition of Apartheid to Attack Israel”. (September 2023). For further details, clickhere
• Jadaliyya published an article by Mandy Turner entitled: “Why Israel Fears the Facts: Reporting on Israel’s Human Rights Violations in the Occupied Palestinian Territory for the UN.” The article is a book review of the three former UN Special Rapporteurs on Palestine: Richard Falk , John Dugard, and Michael Lynk. (September 21, 2023). For further details, clickhere
• Prosecutor General of Ukraine Johan Sophie publishes an article in Le Monde entitled: “The future of the International Criminal Court is also at stake in Palestine.” (September 21, 2023). For further details, click here
• 972mag published an article by Yael Berda entitled: “The permit regime is Oslo’s enduring legacy. It must be abolished”.(September 21, 2023). For further details, click here

Research and academic studies (in Arabic and English):

• Ardi Imseis, a professor of international law at Queen’s University, has announced the forthcoming publication of his book titled “The United Nations and the Question of Palestine: Rule by Law and the Structure of International Legal Subalternity.” This anticipated book is set to be released by Cambridge University Press in November 2023. The book delves into the intricate issue of Palestine within the framework of the United Nations.(Sept 21, 2023). For further details, click here

Legal Achievements/Impacts for Palestine

• The 2023 Rafto Global Prize is awarded to Defense for Children International – Palestine (DCIP) for their persistent work to defend and promote the rights of children living in the Occupied Palestinian Territory (OPT). The award will be presented on Sunday 12 November 2023, at the Bergen National Theater in Norway. (September 2023). For further details, clickhere

Human rights conferences and events

• Richard Boyd Barett, an Irish parliamentarian and activist, spoke in a new episode of “The Big Picture” podcast about Ireland’s position on international conflicts and its strong support of the Palestinian struggle. In the episode, Barrett discussed why the Irish people support the Palestinian struggle and how Ireland can lead the world away from warring empires. The episode highlighted the shared history of British colonialism in both Ireland and Palestine. (September 17, 2023). For further details,here
• During the 88th edition of the “Fête de l’Humanité” festival in France, participants affirmed their solidarity with the prisoner Georges Abdallah and the Palestinian prisoners. (September 18, 2023). For further details, clickhere
• The European Coordination of Committees and Associations for Palestine (ECCP) called on European citizens to send letters to their Ministry of Foreign Affairs and consulates/embassies in Palestine/Israel to demand the protection of human rights defenders in Masafer Yatta amid intensified systematic oppression by the Israeli state. (September 18, 2023). For further details, clickhere

Upcoming human rights opportunities and events

• The Belgian Palestinian Association announced its event at its headquarter in Brussels entitled: “Palestinians Forever Imprisoned: Human Rights Under Occupation,” on 26^th September 2023. The event will be hosting Francesca Albanese, UN Special Rapporteur on the situation of human rights in the Palestinian territories Occupied since 1967. The event will be held in English with simultaneous translation into French. For further details, click here