PALESTINE’S LEGAL SCENE –Issue.200

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

29 October – 4 Nov 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 called on all nations to reassess their relations with the occupying state and apply substantial pressure to compel it to halt its devastating war in the Gaza Strip, as well as its aggressions and the actions of settler militias against citizens in the occupied West Bank, including East Jerusalem. (November 2, 2023). For further details, clickhere
• The Palestinian MOFAE condemned in the strongest terms the heinous massacres committed by the occupation forces against 3 hospitals in the Gaza Strip. These massacres resulted in dozens of martyrs, injuries, and the deliberate targeting of ambulances. (November 3, 2023). For further details, clickhere

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

• The Israeli Defense Forces (IDF) said that it carried out a large-scale bombing of the Jabalia camp in the Gaza Strip, which led to the killing of a large number of Palestinian “terrorists” and the destruction of the area’s infrastructure, while targeting the commander of the Jabalia Central Brigade affiliated with Hamas. The IDF reiterated its call to the residents of the northern Gaza Strip to evacuate the area and move to the south. (October 31, 2023). For further details, clickhere
• The Israeli Prime Minister refused to agree to a ceasefire with Hamas, and said that calling for this was in fact calling on Israel to surrender to terrorism. (October 31, 2023). For further details, clickhere
• The Israeli Prime Minister decided to appoint extremist MK Zvi Scott as head of the Knesset Subcommittee on West Bank Affairs. Many opposition members of the Knesset and anti-settlement groups condemned this appointment and pointed out that Scott has a long history of extremism. (November 1, 2023). For further details, clickhere
• As part of the campaign to restrict Palestinian prisoners, the Israeli Minister of National Security announced stopping the deposit of Palestinian Authority funds for security prisoners in Israeli prison canteens. (November 2, 2023). For further details, clickhere
• The Israeli Minister of the Interior approved the publication of a memorandum of law on the revocation of Israeli citizenship for citizens who incited terrorism or expressed support for terrorism in time of war. The law would grant the Minister of Interior special powers in times of war, allowing him to withdraw citizenship with the approval of the Minister of Justice and without resorting to the courts. (November 2, 2023). For further details, click here
• The Israeli Security Cabinet voted in favor of transferring frozen tax funds to the Palestinian Authority. However, they decided to deduct funds that were allocated to Gaza and funds paid by the Authority to Palestinian prisoners convicted of terrorism and their families. (November 3, 2023). For further details, clickhere

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

• The Norwegian Prime Minister expressed his concern about the situation in Gaza and stressed the importance of an immediate ceasefire, the protection of civilians, and compliance with international humanitarian law. He further pointed out that Israel violated the rules of international law in its war on the Gaza Strip (October 29, 2023). For further details, click here
• France strongly condemned the settler attacks which led to the deaths of several Palestinian civilians in recent days in Qusra and el-Sawiya, as well as the forced departure of several communities in Area C. It also called on the Israeli authorities to take immediate measures to protect the Palestinian population. (October 29, 2023). For further details, click here
• During his address to the UN Security Council, UNRWA Commissioner-General Philippe Lazzarini declared, “There is no safe place in Gaza.” He emphasized that what has occurred and is still ongoing amounts to forced displacement. Over 670,000 displaced individuals are currently enduring harsh and unsanitary conditions in UNRWA schools and facilities, with limited access to food and water, and they are forced to sleep on the ground. He also underscored that approximately 70% of the reported casualties are children and women. Additionally, he noted that UNRWA has lost 64 of its staff members during the war in Gaza, marking the highest number of UN aid workers killed in a conflict in such a short time.(October 30, 2023). For further details, click here
• During a meeting of The Security Council on the Humanitarian Situation in Gaza,UNICEF Executive Director Catherine Russell stated that more than 420 children are being killed or injured in Gaza every day – a number which should shake each of us to our core.” Adding that in the West Bank, including East Jerusalem, at least 37 children have been reported killed. More than thirty Israeli children have been reportedly killed, while at least twenty children remained hostage in the Gaza Strip. A representative of the Office for the Coordination of Humanitarian Affairs (OCHA) also presented a statement calling for a humanitarian cessation of hostilities as well as respect for the rules of war. (October 30, 2023).
• International Criminal Court Prosecutor, Karim A.A. Khan KC, held a press conference in Cairo on the current situation in the State of Palestine and Israel after his visit to the Rafah Border Crossing between Egypt and the Gaza Strip. He stressed the need for a thorough investigation and accountability for what happened on October 7th. He also stated that Israel must prove that any attack that affects innocent civilians or protected objects is carried out in accordance with the laws and customs of war and prove the proper application of the principles of distinction, precaution and proportionality, stressing that “there is no blank check.” The Prosecutor further confirmed that the court has jurisdiction over Palestine and this includes the ongoing events in Gaza as well as events in the West Bank, including the investigation into attacks carried out by Israeli settlers.(October 30, 2023). For further details, click here
• The United States condemned all acts of terrorism, violence and the targeting of civilians, including the recent attacks by Israeli extremist settlers in the West Bank. It also called on Israel to take measures to protect Palestinians from such attacks and to hold accountable any settlers who carry out attacks. (October 30, 2023). For further details, click here
• The General Secretariat of the League of Arab States submitted its written response to the International Court of Justice regarding the legal consequences arising from Israeli policies and practices in the occupied Palestinian territories, including East Jerusalem. (October 31, 2023). For further details, click here
• The European Union warns of the upsurge of settler terrorism in the West Bank which has led to very high numbers of civilian casualties and Palestinian communities being forced out of their homes. It also stressed the need for Israel to protect Palestinian civilians and to hold perpetrators accountable.(October 31, 2023). For further details, click here
• The Plurinational State of Bolivia has officially cut diplomatic ties with the State of Israel, expressing strong disapproval and condemnation of the aggressive and disproportionate Israeli military actions in the Gaza Strip. These actions are regarded as a grave threat to international peace and security. (October 31, 2023). For further details, click here
• The Director of the New York office of the UN High Commissioner for Human Rights has left his post, protesting that the UN is “failing” in its duty to prevent what he categorizes as genocide of Palestinian civilians in Gaza under Israeli bombardment and citing the US, UK and much of Europe as “wholly complicit in the horrific assault”. Mokhiber, who was stepping down having reached retirement age, wrote: “Once again we are seeing a genocide unfolding before our eyes and the organization we serve appears powerless to stop it”. (October 31, 2023). For further details, click here
• UN Secretary-General Antonio Guterres issued a statement expressing his concern over the intensification of the conflict between Israel and Hamas and other Palestinian armed groups in Gaza. This includes the expansion of ground operations by the IDF accompanied by intense air strikes, and the continued rocket fire towards Israel from Gaza. (October 31, 2023). For further details, click here
• A group of 16 members of the French Senate introduced a bill to the French Parliament criminalizing anti-Zionism. The proposed draft law stipulates the imposition of penalties that may reach a fine of 100,000 euros, and/or deprivation of liberty penalties that may reach imprisonment for a period of 5 years in cases involving anti-Zionist movements, insulting Israel, and inciting hatred or violence against it. (October 31, 2023). For further details, clickhere orhere
• The League of Arab States, the Organization of Islamic Cooperation, the Gulf Cooperation Council, and the foreign ministries of Jordan, Argentina, Qatar, Kuwait, Saudi Arabia, the Emirates, Pakistan, Egypt, Oman, and Scotland condemned the Israeli attack that targeted the Jabalia camp in the Gaza Strip.
• Jordan, Colombia, and Chile recalled their ambassadors to Israel; as an expression of their rejection and condemnation of the ongoing Israeli war against the Gaza Strip, and Israel’s continued violation of international and humanitarian laws. They also reiterated their call for a ceasefire and the lifting of the blockade on the Gaza Strip (November 1, 2023).
• During a special session, the Kuwaiti National Assembly endorsed 13 recommendations aimed at putting a stop to Israeli violations in Gaza and lending support to the righteous Palestinian cause. Among the most significant of these recommendations is the firm rejection of any form of normalization with the Zionist entity. (November 1, 2023). For further details, click here
• The Bureau of the General Assembly’s Committee on the Exercise of the Inalienable Rights of the Palestinian People has issued a statement reiterating its call for an immediate ceasefire in the Gaza Strip. (November 1, 2023). For further details, click here
• “OCHA” issued a statement underscoring that while global attention is fixed on Gaza, settlers are pushing further into the West Bank. The statement also highlights the displacement of almost 2,000 Palestinians due to settler violence since 2022, with 43% of these cases happening since October 7, 2023. (November 1, 2023). For further details, click here
• Russia’s Ambassador VasilyNebenzya to the United Nations said: “Israel has no right to self-defense against Hamas militants in Gaza as an occupying power in Palestine”, calling on Israel and Hamas authorities in Gaza to reach a cease-fire agreement.(November 1, 2023). For further details, click here
• UN experts said that the bombing of the residential complex in Jabalia camp is a war crime according to international law. Experts warned that time is running out to prevent genocide and humanitarian catastrophe in Gaza, stressing that Israel’s allies also bear responsibility and must act now to prevent its disastrous course of action. (November 2, 2023). For further details, clickhere
• The U.S Secretary of State reiterated his country’s support for Israel’s right to defend itself, and stressed the necessity of the passage of humanitarian aid. He pointed out that he heard from the Israeli government a clear commitment to dealing with extremist settler violence in the West Bank. (November 3, 2023). For further details, click here
• Honduran Foreign Minister, Enrique Reyna, announced the recall of his country’s ambassador to Israel for consultations against the backdrop of the continuing attacks on the Gaza Strip. (November 3, 2023). For further details, click here
• The World Health Organization (WHO) expressed its shock at the Israeli occupation’s bombing of ambulances in the Gaza Strip. WHO Director Tedros Adhanom Ghebreyesus, reiterates his call for the need to protect patients, health workers, facilities and ambulances at all times, calling for an immediate ceasefire. (November 3, 2023). For further details, clickhere
• The Organization of Islamic Cooperation condemned Israel’s crime of targeting ambulances at the entrance of the Shifa Medical Complex in Gaza City, which led to the death of dozens of civilians. (November 3, 2023). For further details, clickhere
• UNRWA reported that it is suffering from a severe lack of funding due to the rapid deterioration of the situation in Gaza as a result of the war taking place in the region. The agency is urgently seeking financial support to meet the increasing needs of the displaced and those affected by the conflict. (November 4, 2023). For further details, clickhere
• The Spanish Minister of Social Rights, Ione Belarra, stressed that her country must stop buying weapons from Israel. She added: “We must stop buying weapons from Israel. Weapons and military equipment that is stained with blood and is financing a genocide.” (November 4, 2023). For further details, clickhere
• The Chief of the United Nations High Commissioner for Human Rights, Volker Türk, condemned the sharp rise in global hate sentiment, including anti-Semitism and Islamophobia, since October 7th, while at the same time expressing concerns about undue restrictions on protests over the conflict in Israel and Gaza, and related free expression. (November 4, 2023). For further details, clickhere
• The Arab Parliament submitted an official letter to the United Nations Human Rights Council to form an international investigation committee to investigate the war crimes committed and being committed by Israel in the Gaza Strip. (November 4, 2023). For further details, clickhere
• The Omani Ministry of Foreign Affairs condemned the Israeli massacres that targeted the Osama Bin Zaid School and Al-Fakhoura School, affiliated with UNRWA. It called for the formation of a court for war crimes committed against the Palestinian people in Gaza. (November 4, 2023). For further details, clickher

• In a meeting between US Secretary of State Blinken and Arab foreign ministers, Arab leaders emphasized the immediate need for a ceasefire in Gaza. However, Secretary Blinken restated the US’s opposition to an immediate ceasefire, expressing concerns that it might allow Hamas to regroup and repeat what it did on October 7th. Instead, he proposed a “humanitarian pause.” In addition, the Egyptian and Jordanian Foreign Ministers contended that Israel’s actions could not be considered legitimate self-defense at all. (November 4, 2023). For further details, click here

Publications of human rights NGOs

• Adalah – The Legal Center for Arab Minority Rights in Israel, sent an urgent letter to Israel’s Attorney General, Prime Minister and Justice Minister demanding the immediate cancellation of emergency regulations that extend the period in which detainees suspected of “security offenses” can be denied access to their legal counsel. (October 29, 2023). For further details, click here
• B’Tselem and other civil society NGOs in Israel, call on the international community to act urgently to stop the state-backed wave of settler violence which has led, and is leading to, the forcible transfer of Palestinian communities in the West Bank. (October 29, 2023). For further details, click here
• The “Gisha” organization has issued a statement titled: “Insufficient aid: Urgent need for fuel in Gaza as Israel’s bombardment continues”. (October 29, 2023). For further details, click here
• Al-Haq, Al Mezan Center for Human Rights, and the Palestinian Centre for Human Rights (PCHR) welcome the visit of the International Criminal Court’s (ICC) Prosecutor, Karim A. A. Khan KC, to Rafah crossing between Gaza and Egypt on 29 October 2023. They have urged the Prosecutor to investigate and prosecute international crimes by the Israeli authorities and military since 7 October. (October 30, 2023). For further details, click her
• ADDAMEER sent an urgent letter to the International Committee of the Red Cross, requesting them to disclose the fate of 85 missing Palestinians following the start of the Israeli aggression. The letter included a list of 85 names of Palestinians from Gaza whose whereabouts have been lost since October 7th, and it is suspected that they are detained by the occupying authorities. (October 30, 2023). For further details, click here
• The Palestinian Return Centre (PRC) in London has released a report about Israeli state-manufactured disinformation propagated since October 7th 2023 used as a smokescreen to distract the international community from Israel’s war crimes and crimes against humanity.(October 30, 2023). For further details, click here
• Belgium’s labor unions have urged fellow union members not to participate in handling shipments of weapons destined for Israel during the ongoing conflict in Palestine. They also called for an immediate ceasefire and pressed the Belgian government to block the transit of weapons through its airports. (October 31, 2023). For further details, click here
• Reporters Without Borders (RSF) has filed a complaint for war crimes committed against Palestinian journalists in Gaza – the third such complaint since 2018 – and also against an Israeli journalist, killed and wounded in the course of their work. (November 1, 2023). For further details, click here
• Prisoner organizations have released a statement strongly condemning the Israeli occupation’s use of torture and humiliation against Palestinian detainees. The statement points to video evidence documenting the abuse and torture inflicted on Palestinian civilians and called on the international community to step in and put an end to these violations. (November 1, 2023). For further details, click here
• Human Rights Watch has issued a press release shedding light on the immense impact of Israel’s airstrikes, blockade, and ground assault in Gaza on Palestinian civilians with disabilities. These individuals face increased difficulties in escaping the attacks and accessing humanitarian aid. (November 1, 2023). For further details, click here

• The “Belgian-Palestinian Association” has released a statement in French, laying out a series of measures that Belgium should undertake to put into action the UN General Assembly’s call for a Gaza ceasefire and the protection of civilian populations. These measures could encompass imposing an arms embargo, enacting trade sanctions against Israel, advocating for an investigation by the International Criminal Court, and ensuring the delivery of humanitarian aid to Gaza. (November 1, 2023). For further details, click here
• 7amleh – The Arab Center for the Advancement of Social Media has released an Arabic-language informational document that delves into the digital rights status of Palestinians since October 7, 2023. (November 1, 2023). For further details, click here
• Christos Christou, the International President of Médecins Sans Frontières (Doctors Without Borders), has urged for an instant ceasefire in Gaza to facilitate the delivery of humanitarian assistance into the area. (November 2, 2023). For further details, click here
• Oxfam published a press release: “Half a million civilians caught in northern Gaza “siege within a siege.” (November 3, 2023) For further details, clickhere

Opinion Pieces and features

• Foreign Affairs has published an opinion article titled: “Why Netanyahu Must Go.” (October 31, 2023). For further details, click here
• The Institute for Palestine Studies has published an article by Lama Ghosheh titled: “Denying Motherhood in Gaza”. (October 31, 2023). For further details, click here

Human rights conferences and events

• The Foundation for Middle East Peace held a webinar entitled: “Gaza, Israel and the 2023 War: Are there any red lines?” The discussions included the humanitarian, moral, political and diplomatic costs of the current war, and the legal and moral obligations of the United States and the international community. (November 3, 2023) For further details, clickhere
• More than 600 Irish academics and researchers signed a letter in which they called on Irish universities to suspend their ties with Israeli institutions due to the violence carried out by the Israeli army in the Gaza Strip, which they consider to be ethnic cleansing and an act of genocide. (November 4, 2023) For further details, click here