PALESTINE’S LEGAL SCENE –Issue.199

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

22 -29 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 Central Bureau of Statistics (PCBS) issued a press statement, revealing that in Gaza, the Israeli occupation is claiming the lives of 3 women and 5 children every hour. According to the statement, there have been a staggering 597 recorded massacres since the commencement of the aggression, resulting in a tragic toll of over 5,087 lives lost, with approximately 65% of the victims being women and children. (October 23, 2023) For further details, click here
• During his meeting with the French President, the Palestinian President called for an immediate cessation of Israeli aggression and the implementation of international protection for Palestinians. He emphasized the urgency of convening an international peace conference, transitioning from military solutions to political resolutions, and reasserted the inalienable right of the Palestinian people to remain on their ancestral land while firmly rejecting any attempts at forced displacement. (October 24, 2023) For further details, click here
• The Palestinian Foreign Minister has urgently appealed to the Security Council to swiftly put an end to the Israeli aggression and displacement of the people, as well as ensure the uninterrupted entry of essential humanitarian aid into the Gaza Strip. (October 24, 2023) For further details, click here
• The Palestinian Minister of Health has announced the dire state of the healthcare system in Gaza, attributing it to the continuous Israeli airstrikes and resource shortages. This situation poses a significant threat to the lives of patients and the wounded. The minister has urgently called upon the international community and healthcare organizations to intervene and help alleviate the crisis in Gaza. (October 24, 2023) For further details, click here

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

• Israeli Prime Minister Benjamin Netanyahu has admitted responsibility for the “security lapses” that enabled the attack carried out by Hamas on the seventh of this month. He said, “Everyone will have to give answers, me too. But all this will happen only after the war.” (October 26, 2023) For further details, click here
• The Israeli Ministry of Health and various hospitals have announced that they will not provide medical care to detainees of October 7 attack from Gaza. (October 22, 2023) For further details, click here
• The Israeli Ambassador to the United Nations, Gilad Erdan, calls for the UN Secretary-General’s resignation in response to his comments that Hamas’ attack did not happen in a vacuum. The ambassador said that the UN Secretary-General, who shows understanding for the campaign of mass murder of children, women, and the elderly, is not fit to lead the UN. (October 24, 2023) For further details, click here

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

• President Biden reiterated his unwavering support for Israel in response to the attacks by Hamas. This includes sending an urgent budget request to fund America’s national security needs, collaborating with Israel to enhance military readiness, and ensuring the Iron Dome continues to protect the skies over Israel. (October 20, 2023) For further details, click here
• Leaders of the Association of Southeast Asian Nations (ASEAN) and the Gulf Cooperation Council (GCC) jointly published a statement condemning attacks against civilians and calling for a durable cease-fire as the Middle East conflict intensifies. They also emphasized the need for efficient humanitarian aid access, the restoration of essential services, and the unhindered delivery of fuel, food and medicine throughout Gaza.(October 22, 2023) For further details, click here
• UK’s Prime Minister Rishi Sunak reaffirmed the United Kingdom’s support for Israel’s right to defend itself against terrorism and announced a new aid package of £20 million for humanitarian assistance to civilians in the Occupied Palestinian Territories (OPTs). This aid will provide food, water, healthcare, and shelter for those affected by the humanitarian crisis.
• The Tunisian President called for intensified diplomatic efforts to support the Palestinian people and combat Zionist actions, emphasizing the world’s need to support Palestinians and stop crimes comiited against them. (October 23, 2023) For further details, click here
• UN experts urge lawyers advising Israeli military to refuse legal authorisation of actions that could amount to war crimes. (October 23, 2023) For further details, click here
• Zhai Jun, China’s special envoy to the Middle East, called for a ceasefire, humanitarian access to Gaza, and reiterated China’s support for a two-state solution. (October 23, 2023) For further details, click here
• The Arab Group at the United Nations emphasized the critical necessity of ending Israeli aggression in Gaza and the immediate delivery of humanitarian assistance to the besieged population. (October 24, 2023) For further details, click here
• The World Health Organization called for the safe passage and distribution of life-saving fuel and medical supplies to major hospitals in Gaza, given the collapse of the healthcare system. (October 24, 2023) For further details, click here
• The Secretary-General of the United Nations called for a humanitarian ceasefire in Gaza and emphasized the importance of directing humanitarian aid and fuel to alleviate the immense suffering in the region. He also stressed the necessity of respecting international humanitarian law and that no party in the conflict is above this law. (October 24, 2023) For further details, click here
• The Government of Japan decided to extend Emergency Grant Aid of USD 10 million in response to the deterioration of the humanitarian situation in the Gaza Strip. (October 24, 2023) For further details, click here
• In a report to the General Assembly: The Special Rapporteur in the OPT, Francesca Albanese, called for the decisive protection of Palestinian children under Israeli rule and urged the international community to use all measures under the UN Charter to immediately end Israel’s illegal occupation, sanction its internationally wrongful acts, prosecute all international crimes by all actors in the occupied Palestinian territory, and set up a task force to dismantle Israel’s settler-colonial occupation as a precondition for peace in the region. (October 24, 2023) For further details, click here
• United Nations Secretary-General Antonio Guterres stated in a Security Council meeting that the attacks by Hamas cannot justify imposing broad sanctions on the Palestinian people. He condemned Hamas’s behavior but emphasized that its actions didn’t occur in a vacuum. He underscored the need to safeguard civilians, provide humanitarian aid without constraints, and called for an immediate ceasefire. (October 24, 2023) For further details, click here
• The UN’s human rights chief has called for an immediate ceasefire in Gaza. He said that the key priority should be a rapid humanitarian ceasefire to save civilian lives by delivering effective humanitarian aid promptly. (October 24, 2023) For further details, click here
• French President Emmanuel Macron suggests expanding the international alliance against ISIS to include fighting the Hamas movement in Gaza. His advisers said that the coalition’s participation would not necessarily imply boots on the ground, but could include intelligence-sharing. (October 24, 2023) For further details, click here
• European officials have affirmed Israel’s right to self-defense, called for restraint, and emphasized the need for humanitarian assistance in Gaza. They also stressed the importance of respecting the international humanitarian law. (October 24, 2023) For further details, click here
• The International Court of Justice will hold public hearings on Monday, February 19, 2024. The hearing will be held to allow parties to express their opinions on the legal consequences of the Israeli occupation of Palestinian territories before issuing its legal opinion. (October 24, 2023) For further details, click here
• According to an OCHA report, in the 24 hours since October 23, 704 Palestinians, including 305 children, have been killed, marking the highest reported casualty rate in a single day in Gaza during the intense Israeli airstrikes and attacks. Additionally, violence by settlers has increased in various areas of the West Bank. There is an average of up to eight attacks per day compared to an average of three daily attacks since the beginning of this year. (October 24, 2023) For further details, click here
• Francesca Albanese and Navi Pillay presented their recent reports to the Third Committee of the General Assembly. The Third Committee emphasized the necessity of ending the war on Gaza, lifting the blockade on essential needs, and holding the involved parties accountable. (October 24, 2023) For further details, click here
• The Turkish President condemned the Israeli aggression on Gaza and criticized Israel’s actions as that of an organization, not a state. He also announced the cancellation of his planned visit to Israel, describing Hamas as a liberation movement fighting to protect its lands and citizens, rather than a terrorist organization. (October 25, 2023) For further details, click here
• The United Nations Special Rapporteur on the Right to Housing suggested that the UN General Assembly consider unseating Israel to bring about a ceasefire and compliance with international law. He noticed that a similar action was taken in 1974 in the case of apartheid South Africa. (October 25, 2023) For further details, click here
• Switzerland has decided to suspend its financial support to 11 non-governmental organizations, both Israeli and Palestinian, and has established a task force to closely monitor the situation and make necessary decisions. (October 25, 2023) For further details, click here
• The Belgian Minister for Development Cooperation has called for an immediate ceasefire in Gaza due to the catastrophic humanitarian situation. She also emphasized the importance of ending violence and escalation in the West Bank, urging Israel to comply with international law. (October 25, 2023) For further details, click here
• Regarding the situation in the Middle East, the Brazilian President stated, “It’s not a war, it’s a genocide that has killed nearly 2 thousand children who have nothing to do with this war, they are victims of this war.” (October 25, 2023) For further details, click here
• The Acting Spanish Minister of Social Rights has called on European countries to suspend diplomatic relations with Israel, impose economic sanctions, and prosecute Israeli Prime Minister Benjamin Netanyahu and others in the International Criminal Court. (October 25, 2023) For further details, click here
• The Organization of Islamic Cooperation has condemned the Israeli attack on the Secretary-General of the United Nations, Antonio Guterres, considering it political blackmail by Israel against the United Nations organization and its Secretary-General. (October 25, 2023) For further details, click here
• In a statement, UNRWA Commissioner-General Philippe Lazzarini issued a warning, stating that “History will ask why the world did not have the courage to act decisively and stop this hell on Earth.” He emphasized that there can be no justification for targeting civilians, whether through killing, injuring, abducting, or firing rockets at civilian areas. (October 26, 2023) For further details, click here
• Pope Francis has once again called for the release of hostages held by Palestinian militants and for humanitarian aid to be allowed into the Gaza Strip. (October 25, 2023) For further details, click here
• Mary Lawlor, the United Nations Special Rapporteur on human rights defenders, expressed deep concern over the Swiss Ministry of Foreign Affairs’ decision to suspend funding for prominent human rights organizations in Israel and Palestine. She highlighted that this suspension comes at a critical time when these organizations need support on the global stage more than ever. (October 27, 2023) For further details, click here
• The European Union Council has called for the creation of a humanitarian corridor in the Middle East during the ongoing conflict. Council President Charles Michel emphasized the urgent need to deliver humanitarian aid to affected areas. (October 27, 2023) For further details, click here
• The United Nations Committee on the Elimination of Racial Discrimination has expressed its concerns about the “sharp increase in racist hate speech and dehumanization directed towards Palestinians by Israelis, including senior officials, since Hamas attacks on October 7.” Israel’s diplomatic mission in Geneva criticized this statement, stating it “failed all the victims of the October 7 massacre and the victims of anti-Semitic attacks worldwide”. (October 27, 2023) For further details, click here
• The Independent International Commission of Inquiry on the Palestinian Territories, including East Jerusalem and Israel, has issued a statement urging all parties in the conflict, including Israel and Gaza, to fully comply with international law to ensure the protection of civilians. This statement follows the commission’s presentation of its latest report to the 78th session of the United Nations General Assembly. (October 27, 2023) For further details, click here
• The United Nations General Assembly has adopted a resolution concerning the Gaza crisis, calling for an immediate and permanent cessation of military attacks to achieve a sustainable humanitarian ceasefire. The resolution also includes a call for all parties to fully and promptly comply with their international legal obligations under international law and human rights. (October 27, 2023) For further details, click here
• The World Health Organization has announced the worsening humanitarian situation in the Gaza Strip. It has renewed its call for an immediate halt to military activities and the protection of civilians and healthcare infrastructure. The continuous shelling has placed severe pressure on hospitals, making it difficult to accommodate more injured individuals. (October 28, 2023) For further details, click here

Publications of human rights NGOs

• Physicians for Human Rights in Israel has released a statement urging the Ministry of Health and health institutions in Israel to uphold medical ethics and professionalism. They emphasize providing equal treatment to all patients, particularly in light of recent Israeli Ministry of Health announcements that detainees from Gaza would not receive medical care. (October 22, 2023) For further details, click here
• Adalah reported that Israeli universities and colleges have taken disciplinary actions, suspensions, and even expulsions against 74 Palestinian students with Israeli citizenship based on their private social media posts, alleged to support terrorism. This move is seen as a severe clampdown on the free speech rights of Palestinian citizens of Israel, starting October 7, 2023. (October 22, 2023) For further details, click here
• The All-India Central Council of Trade Unions (AICCTU) has called for unity among trade unions and a boycott of the manufacture or loading of weapons and military equipment intended for Israel. (October 22, 2023) For further details, click here
• A joint statement issued by the Global Palestinian Refugee Network and others reaffirms the Palestinian people’s rights to resistance, freedom, and self-determination. The statement calls for the return of grants and aid provided by the European Union and the exposure of foreign institutions in Palestine that refuse to condemn the aggression against Gaza. (October 23, 2023) For further details, click here
• Several human rights organizations, including the Center for The Defense of the Individual (HaMoked), have submitted an urgent petition to the Israeli Supreme Court. The petition requests that the court orders the Israeli military, the Israeli Prison Service, and the Israeli police to disclose the names and residences of all Gazans detained in Israeli detention centers and release anyone illegally detained in the West Bank so they can return to Gaza later. (October 23, 2023) For further details, click here
• The Palestinian Centre for Human Rights, Al Mezan Center for Human Rights, and Al-Haq have submitted a joint letter to the United Nations High Commissioner for Human Rights, calling for a ceasefire and condemning ongoing war crimes and acts of incitement to exterminate the Palestinian people by the Israeli authorities. (October 23, 2023) For further details, click here
• Palestinian civil society networks issued an urgent policy brief addressing the sharp escalation in the aggression against the Gaza Strip. It called for urgent international action to prevent genocide, provide United Nations protection, and activate justice mechanisms to hold perpetrators of crimes against humanity accountable. On October 25, a second update revealed an Israeli plan to ethnically cleanse the Palestinians in Gaza, and indicated the continuation of ethnic cleansing activities in the West Bank, in addition to the use of starvation as a weapon.
• Adalah has published a new report on the crackdown on freedom of speech of Palestinian citizens of Israel and Jewish Israelis who express opposition to Israel’s actions in the Gaza Strip. (October 24, 2023) For further details, click here
• The Norwegian Refugee Council (NRC) published a paper entitled: “10 things you should know about the humanitarian situation in Gaza.” (October 24, 2023) For further details, click here
• The Prisoner Support and Human Rights Association (Addameer) and the Palestinian Human Rights Council have sent a letter to the International Committee of the Red Cross (ICRC) expressing their concern about the deaths of two Palestinian detainees in Israeli prisons and demanding a comprehensive investigation into the matter. (October 24, 2023) For further details, click here
• The Independent Commission for Human Rights (Board of Grievances) holds the occupation authorities responsible for the death of two Palestinian prisoners in Israeli prisons. The Commission calls for the formation of an independent international investigation committee into the circumstances of their detention and death. (October 24, 2023) For further details, click here
• Oxfam stated that Israel is employing starvation as a weapon of war against Gaza’s civilians. They renew their call to allow food, water, fuel, and other necessities into the Gaza Strip. (October 25, 2023) For further details, click here
• Resource Center for Palestinian Residency and Refugee Rights (Badil) has published an open letter to the United Nations General Assembly and its member states, calling for the enforcement of an immediate and unconditional ceasefire, the provision of unrestricted and unconditional humanitarian aid, the prevention of additional Palestinian displacement, and an end to the siege of the Gaza Strip. (October 25, 2023) For further details, click here
• Amnesty International has published a statement confirming that threats made by the Israeli army to order residents of the northern Gaza Strip to leave the area could constitute war crimes, as “declaring an entire city or area a military target is contrary to international humanitarian law.” (October 25, 2023) For further details, click here
• Amnesty International has documented disturbing reports indicating that content posted by Palestinians and Palestinian rights defenders is subject to content modification by various social media platforms. They have also noted the spread of dehumanizing and racist language against Palestinians. (October 27, 2023) ) For further details, click here
• The head of the Norwegian Refugee Council (NRC) has called upon world leaders to urgently demand a humanitarian ceasefire. The situation is viewed as collective punishment against civilians. (October 27, 2023) For further details, click here
• A coalition of humanitarian, development, and other organizations in the United Kingdom has launched an immediate appeal, urging the British government to support a ceasefire, ensure unhindered access to humanitarian aid, and lift the siege on Gaza. (October 27, 2023) For further details, click here
• The Palestinian Press Union has issued a warning regarding what they describe as Israeli “massacres” against journalists in the Gaza Strip. The statement highlights the tragic loss of more than 24 journalists and dozens of their family members. (October 28, 2023) For further details, click here
• Amnesty International has released a new report shedding light on the grave risks faced by civilians in the Gaza Strip. The report highlights the severe challenges imposed by communication blackouts during bombardments and the expanding ground attacks. (October 27, 2023) For further details, click here
• Defense for Children International has issued an updated report detailing the serious violations against Palestinian children since the recent escalation of events. (October 27, 2023) For further details, click here

Opinion Pieces and features

• Human Rights Watch published an article titled “Israel’s Unlawful Blockade of Gaza Sparks Women’s Rights Crisis”. (October 25, 2023) For further details, click here
• The Arab Center Washington DC, published an article by Jonathan Kuttab entitled: “Israel, Gaza, and the Laws of War.” (October 27, 2023) For further details, click here

Human rights conferences and events

• Over 26,000 individuals have voiced their demand for the resignation of Ursula von der Leyen, the President of the European Commission. This call stems from her unwavering support for Israel in the context of the Gaza events, perceived contradictions in condemning Russia’s actions in Ukraine while endorsing Israel’s actions against Palestinians. (October 24, 2023) For more information, click here. (October 24, 2023) For further details, click here
• Malaysiakini has published a letter penned by Azril Mohd Amin, addressed to the President of Malaysia. The letter, titled “Conflict in Gaza: M’sia must step up for Palestinians,” highlights the need for Malaysia to take a more active role in supporting the Palestinian cause. (October 24, 2023) For further details, click here
• The Palestinian Policy Network (Al-Shabaka) has introduced an educational curriculum titled “Grounding the Current Moment: An Al-Shabaka Syllabus.” This curriculum encompasses publications, webinars, and podcasts designed to provide essential context for a deeper understanding of the current situation in the Gaza Strip. (October 24, 2023 For further details, click here
• The New York Times: Our investigations led to the conclusion that the missile that appeared in a widely circulated video clip was not the cause of the explosion at Al-Ahly Baptist Hospital in Gaza City. (October 25, 2023) For further details, click here