PALESTINE’S LEGAL SCENE –Issue.198

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

15 -21 October 2023

Issued every Sunday by Law for Palestine

Prepared by: Razwan Issa, Nour Kharouf, Nermin Allawh, and Joman Alkhateeb

Translation: Mai Shaheen and Ferdous Abdul Hamid
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 Ministry of Foreign Affairs (MOFAE) has vehemently denounced the brutal massacre carried out by the occupying forces within the premises of the Baptist Hospital in Gaza, categorizing it as a grave crime against humanity. (October 17, 2023). For further details, click here
• The Permanent Representative of Palestine to the United Nations (UN) has underscored the pressing need for the Security Council to take decisive action aimed at safeguarding the lives of civilians in the Gaza Strip and putting an end to the violence inflicted by Israel. He urgently called upon the Council and the global community to promptly secure a ceasefire, halt the Israeli aggression and the resulting tragedies, dismantle the humanitarian blockade encompassing Gaza, and guarantee the delivery of vital humanitarian assistance to thosein need. (October 18, 2023). For details, click here

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

• Israeli Communications Minister formulates emergency regulations that would allow him to direct police to arrest civilians, remove them from their homes, or seize their property if he believes they have spread information that could harm national morale or served as the basis for enemy propaganda. (October 15, 2023). For further details, click here
• The Commissioner General of the Israeli Police addressing the Palestinians in Israel: Those wishing to show solidarity with Gaza are invited to join the buses heading in that direction. The protest permits will not be granted. Any individuals detained will be treated as criminals. (October 17, 2023). For further details, click here
• Haaretz newspaper: A draft law allowing Israel to place security prisoners and detainees on mattresses on the floor instead of beds and waive living-space requirements was approved for submission to the Knesset in the last two voting rounds. (October 17, 2023). For further details, click here
• The Israeli Minister of National Security, Itamar Ben-Gvir, announced that his government has amended firearm licenses for citizens and settlers, allowing many of them to obtain these weapons. (October 19, 20023) For further details, click here
• The Israeli government has approved regulations allowing it to shut down foreign news channels during a state of emergency due to the war with Hamas if national security is harmed. Communications Minister ShlomoQarai called for the closure of Al Jazeera based on accusations of its incitement against Israel. The regulations will allow the Minister of Communications to issue an order to stop broadcasting media outlets and close their offices. (October 20, 20023) For further details, click here

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

• The General Secretariat of the League of Arab States and the African Union Commission called for an immediate cessation of hostilities in Gaza. The two organizations stressed that a political solution based on the Two-State vision is the only way to guarantee peace and security for all peoples and States in the region. (October 15, 2023). For further details, click here
• UN Secretary-General, AntónioGuterres, issued a statement in which he appealed to Hamas to immediately release the hostages without any conditions. He also urged Israel to allow rapid and unimpeded access for humanitarian aid to reach civilians in the Gaza Strip. (October 15, 2023). For further details, click here
• The Irish Deputy Prime Minister says that under international law, Israel has a right to defend itself from attack, but this must be done within the parameters of international humanitarian law.(October 15, 2023). For further details, click here 
• Members of the European Council issued a statement condemning, in the strongest possible terms, Hamas and its brutal, indiscriminate terrorist attacks across Israel, emphasizing Israel’s right to defend itself. They further reiterated the importance to ensure the protection of all civilians at all times and to release all hostages without any precondition.(October 15, 2023). For further details, click here
• The British Prime Minister announced a further £10 million in humanitarian aid funding for civilians in the Occupied Palestinian Territories (OPTs), in response to the escalating conflict.(October 16, 2023). For further details, click here
• Audrey Azoulay, Director-General of UNESCO, deplored the death of photographer Mohamed Fayez Abu Matar who was killed on 11 October during an airstrike in Rafah city in the southern Gaza Strip, while covering the on-going conflict. She stressed the importance of protecting journalists and adhering to UN Security Council Resolution 2222/2015 on the protection of journalists. (October 17, 2023). For further details, click here
• The United Nations High Commissioner for Human Rights stressed the need to protect hospitals at all costs, and to stop violence and carnage immediately. He called on influential countries to intervene, stressing that the top priority is to protect civilians and ensure that humanitarian aid reaches those in need. He also stressed the importance of ensuring those who were responsible for the massive strike of Al-Ahli Baptist Hospital in the Gaza Strip are held accountable. (October 17, 2023). For further details, click here
• The Jordanian Ministry of Foreign Affairs and Expatriate Affairs (MOFAE) condemned in the strongest terms the Israeli aggression that targeted Al-Ahli Baptist Hospital in the Gaza Strip, holding Israel, the occupying power, responsible for this dangerous development. (October 17, 2023). For further details, click here
• The Spokesman for the Secretary-General, Stephane Dujarric, condemned the strike on Al-Ahli Hospital in Gaza and the attack on the UNRWA school in Al-Maghazi camp in Gaza, stressing that UN hospitals, clinics, medical personnel and property are expressly protected under international law. (October 17, 2023). For further details, click here
• The World Health Organization strongly condemns the attack on Al-Ahli Arab Hospital in the north of the Gaza Strip and calls for the immediate active protection of civilians and health care.(October 17, 2023). For further details, click here 
• The Chairperson of the African Union Commission condemned Israel’s bombing of the Baptist Hospital in the Gaza Strip. The President of the African Commission called on the international community to take action, stressing that “targeting a hospital considered a safe haven under international humanitarian law is a war crime.” In the same context, the Secretary-General of the Gulf Cooperation Council, theExecutive Committee of the Organization of Islamic Cooperation, andthe World Council of Muslim Communities condemned the Israeli occupation’s targeting of the National Baptist Hospital in the Gaza Strip.
• The League of Arab States issued a new issue of the electronic media bulletin, documenting all the interventions of the League of Arab States regarding the war on Gaza to date. (October 17, 2023). For further details, click here
• The Republic of Turkey strongly condemned Israel’s attack on a hospital in Gaza, which resulted in the loss of hundreds of Palestinian lives and the injury of many others, and stressed the need to hold those responsible accountable. (October 17, 2023). For further details, clickhere
• The Ministry of Foreign Affairs for each of Jordan,the Emirates,Kuwait,Iraq,Lebanon,Saudi Arabia,Bahrain,Egypt,Syria, Algeria,the Sultanate of Oman, Morocco, Pakistan and Somalia condemned the Israeli targeting of the Baptist Hospital in Gaza.
• In official statements, the Jordanian MOFAE confirmed that the war on Gaza is collective punishment and a war crime that requires the intervention of the international community to stop it. The Ministry also emphasized that Jordan would not allow the scenes of the Nakba in 1948 and 1967 to be repeated, stressing its readiness to confront any attempt to displace Palestinians. (October 18, 2023). For further details, clickhere
• The Security Council failed to adopt a resolution calling for a humanitarian truce in the context of the ongoing crisis between Israel and the Gaza Strip, due to the United States’ use of its veto. (October 18, 2023). For further details, clickhere
• The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed sanctions on ten key members of Hamas, including officials in the Gaza Strip and in other countries such as Sudan, Turkey, Algeria, and Qatar. These measures come within the framework of the United States’ efforts to cut off Hamas’s sources of funding and strengthen the fight against terrorist financing. (October 18, 2023). For further details, clickhere
• The US President announced that the United States is providing $100 million in humanitarian aid for the Palestinian people in Gaza and the West Bank in order to support more than a million displaced people and those affected by the conflict. (October 18, 2023). For further details, click here
• During the 35th Conference of the Arab Parliamentary Union, the heads of Arab councils and parliaments stressed the need to stop the war on Gaza and stop human rights violations. They expressed their rejection of any attempt to forcibly displaced Palestinians. (October 18, 2023 For further details, clickhere
• The UNRWA Commissioner-General appeals to the Foreign Ministers of the Organization of Islamic Cooperation to firmly and unconditionally support the humanitarian efforts to safeguard civilians in Gaza and to show the strength of its solidarity and to be decisive in its support to the Palestine Refugees and to UNRWA. (October 18, 2023). For further details, click here 
• In his statement while visiting Israel, U.S President Joe Biden stated: “It appears the hospital explosion was done by the other team, not you (Israel), we have to overcome those don’t see it”. (October 18, 2023). For further details, clickhere
• The United Nation Office for the Coordination of Humanitarian Affairs (OCHA) has published a new report outlining the hostilities in the Gaza Strip and Israel. (October 18, 2023). For further details, click here
• In his discussion with the British Foreign Minister, the Secretary-General of the League of Arab States emphasized the crucial role of the international community in fulfilling its duty to exert pressure on Israel, compelling the cessation of its belligerent activities against the civilian population in Gaza, and facilitating the establishment of humanitarian corridors for the delivery of aid. (October 19, 2023). For further details, click here
• The European Parliament issues a resolution condemning the attacks carried out by Hamas against Israel, while affirming its support for Israel’s right to defend itself. The resolution stressed the need to provide humanitarian assistance to the Gaza Strip, and urged diplomatic efforts to resolve the conflict. (October 19, 2023). For further details, click here
• The Organization of Islamic Cooperation condemned the Israeli targeting of the Greek Orthodox Church in the Gaza Strip, in flagrant violation of international law and international humanitarian law. (October 20, 2023). For further details, click here
• The International Organization for Migration launched an appeal for $69 million to support its response to the critical and growing humanitarian needs in the occupied Palestinian territories. (October 20, 2023). For further details, click here
• More than 800 European Union (EU) employees and global diplomats signed a letter to the President of the EU, expressing their criticism of the Union’s position, which they consider to enable more violence, as the President of the European Commission, Ursula von der Leyen, offered her full support to Israel during the recent war on the Gaza Strip. (October 20, 2023). For further details, click here
• In her tweet, UNSR Francesca Albanese stated: “In recent hours Palestinian Red Crescent has issued dramatic appeals, after Israel threatened to bomb Al-Quds Hospital. This would be yet another atrocity UN MEMBER STATES have an obligation to prevent”. (October 21, 2023). For further details, click here

Publications of human rights NGOs:

• Egypt’s Journalists Syndicate condemned the Israeli war crimes and the Israeli targeting of journalists in Gaza and in Southern Lebanon. It demanded to hold the perpetrators of these crimes accountable and to provide international protection to journalists. (October 15, 2023). For further details, click here
• Peace Now published an analysis on the increased settler violence within the West Bank during periods of heightened security tension and military operations, as public attention is entirely focused on combat zones, presenting an opportunity for settlers to establish facts on the ground. (October 15, 2023). For further details, click here
• B’tselem issued a statement describing its concern about the Israeli plans of a ground invasion into the Gaza Strip and confirmed that the campaign of revenge against Gaza must stop since “one crime does not warrant another”. Later the same day, it issued a press release in cooperation with other human rights organizations in Israel, including “Hamoked”, calling for the immediate release of all hostages and an end to the bombardment of civilians in Israel and in Gaza.(October 15, 2023). For further details, click here
• Jonathan Kuttab, Executive Director of the Friends of Sabeel North America, and a number of rabbis, in addition to more than 2,500 Palestinians, Jews, and other individuals from around the world issued a collective statement, calling for a solution to the Gaza crisis that emphasizes the humanity of the two peoples and seeks to find a way to live in peace without continuing the unjust situation. (October 15, 2023). For further details, clickhere
• Amnesty International issued a statement saying that banning all demonstrations in support of Palestinians in France constitutes a serious and excessive attack on the right to demonstrate. It has also issued severalother statements in recent days, including one in which it called for Palestinian armed groups to be held accountable for the deliberate killing and kidnapping of civilians. (October 16, 2023). For further details, clickhere
• Amnesty International UK has strongly condemned the horrific escalation of violence in Israel and Gaza, including Hamas attacks on civilians and hostage-taking, and the severe humanitarian restrictions imposed by the Israeli authorities on Gazans, as part of Israel’s apartheid regime and a war crime targeting civilians. (October 17, 2023). For further details, clickhere
• Nine Palestinian civil society organizations and coalitions sent recommendations to Members of the European Parliament ahead of the upcoming vote on a resolution on Palestine. The organizations called for a cease-fire and demanded Israel to comply with its obligations under international law, to stop its deliberate targeted attacks on civilians and civilian infrastructure in Gaza, which includes the use of white phosphorus. (October 17, 2023). For further details, click here
• Resource Center for Palestinian residency & Refugee Rights (BADIL) issued a statement in which it criticized the position of the European Union and its member states in unconditionally supporting Israel in its war on Gaza and their failure to recognize international laws and the rights of Palestinians. Demanding an end to the demonization of the Palestinian resistance, an end to support for Israel, and the fulfillment of obligations towards the rights of the Palestinians and protecting them from displacement and ethnic cleansing. (October 17, 2023). For further details, clickhere
• Jewish Voice for Peace (JVP) has launched a campaign in which it calls on President Biden to exert pressure for an immediate ceasefire and urging his administration not to send further weapons to the Israeli government.(October 17, 2023). For further details, click here
• The Unitarian Universalist Association (UUA) has issued an official statement expressing its support for an immediate and total ceasefire, humanitarian aid access, and the restoration of electricity and water in Gaza. (October 17, 2023). For further details, click here
• Save the Children organization strongly condemned the attacks on the hospital and called for the utmost respect for international humanitarian law and the protection of civilians and the civilian infrastructure from attacks. (October 17, 2023). For further details, click here
• Oil Change International has called for an immediate halt to Israeli actions in Gaza, the lifting of the blockade, and ensuring unobstructed access to humanitarian aid. It underscores the importance of addressing issues related to occupation and violence in order to achieve lasting peace in the region.(October 18, 2023). For further details, click here
• The Center for Constitutional Rights (CCR) issued an emergency legal briefing paper entitled: “Israel’s Unfolding Crime of Genocide of the Palestinian People & U.S. Failure to Prevent and Complicity in Genocide”.(October 18, 2023). For further details, clickhere
• Adalah Center has sent an urgent letter to the Police commissioner and the Attorney General in Israel in response to a video that was circulated on social media. The video shows the Police commissioner making racist statements and prohibiting all protests in support of the Palestinian people in Gaza. The letter points out that these statements aim to criminalize Palestinian political expression and may lead to an increase in police violence against protesters.(October 18, 2023). For further details, click here
• The Association for Civil Rights in Israel (ACRI) and other civil society organizations in Israel have issued an appeal to Israeli authorities to protect Palestinians in the West Bank from settler violence and prevent the mass displacement of Palestinian shepherding communities spearheaded by settlers amidst the war. (October 18, 2023). For further details, click here
• Human Rights Watch has published a statement calling on the Israeli government to immediately end its total blockade of the Gaza Strip that is putting Palestinian children and other civilians at grave risk. The statement also pointed out that the collective punishment of the civilian population is considered a war crime. (October 18, 2023). For further details, click here
• The U.S. Campaign for Palestinian Rights (USCPR) has announced that the Hilton hotel, originally chosen to host their upcoming conference in Houston, Texas, unilaterally decided to cancel the event. USCPR has stated that this decision is part of a deliberate effort to discredit and silence those advocating for Palestinian human rights. (October 18, 2023). For further details, click here
• Resource Center for Palestinian residency & Refugee Rights (BADIL) issued an update on the ongoing Israeli attacks in the West Bank “Under the Umbrella of the Genocidal War on Gaza the Israeli Colonial-Apartheid Regime Escalates its Suppression in the West Bank and in 1948 Palestine”. (October 20, 2023). For further details, clickhere
• The Palestine Solidarity Campaign (PSC) emphasized that all Israeli attacks in the West Bank and areas inside the Green Line, along with the Israeli aggression on the Gaza Strip, “part of Israel’s system of settler-colonialism, military occupation and apartheid against all Palestinians”. (October 20, 2023). For further details, click here
• Hundreds of human rights organizations issued a joint open call for an immediate physical and digital ceasefire in Gaza, and for Palestinians globally. (October 20, 2023). For further details, click here
• MERA25 Germany has released a petition calling for the resignation of Ursula von der Leyen, President of the European Commission, because of her position on the Israel-Palestine crisis, including her disregard for international law and damage to the moral reputation of the European Union. (October 20, 2023).For further details, click here
• The Palestine Red Crescent (PRCS) announced that it is unable to evacuate Al-Quds Hospital, which hosts 500 patients and about 12,000 displaced individuals within its premises. The situation poses a risk due to the Israeli threats to bomb the hospital. (October 21, 2023). For further details, click here

Opinion Pieces and features:

• Institute for Palestinian Studies published a blog by Anna Rajagopal titled, “Meta Censors #Gaza Content”. (October 17, 2023).For further details, click here
• LAWFARE published an analytical article by researcher Benjamin Wittes entitled: “On Strategy, Law and Morality in Israel’s Gaza Operation”. (October 17, 2023). For further details, click here
• Wesam Ahmad published an article in Aljazeera titled “The mask is off: Gaza has exposed the hypocrisy of international law”. (October 17, 2023). For further details, click here
• Human Rights Watch published an article by Tom Porteous entitled: “International Humanitarian Law Applies to All States Violations of These Laws by One Side Do Not Justify Violations By Another”. (October 19, 2023). For further details, clickhere
• Al Jazeera published an article by Zeina Al-Tahhanetilted: “Israel doubling the number of Palestinian prisoners to 10,000 within two weeks”.(October 21, 2023). For further details, clickhere

Human rights conferences and events:

• More than 8,000 healthcare professionals in the UK objected to the Department of Health and Social Care (DHSC) flying the Israeli flag without acknowledging the suffering of Palestinians in Gaza. They called on the ministry to recognize Israeli war crimes, as well as support Palestinian health services. (October 16, 2023). For further details, click here/here
• Over 800 international law practitioners and scholars from around the world issued a joint statement, in which they warned of the possibility of a genocide occurring in the Gaza Strip.(October 18, 2023). For further details, click here
• During an interview with CGTN Europe, Dr. Ghassan Abu Sitta from Gaza offers a firsthand perspective on the challenges that local healthcare workers are confronting in the midst of severe shortages, as the toll of casualties continues to rise. (October 19, 2023). For further details, click here
• Channel 4 News published a new video report in partnership with human rights experts which they said raises questions about certain aspects of Israel’s explanation regarding the Baptist Hospital explosion in Gaza. (October 20, 2023). For further details, click here