PALESTINE’S LEGAL SCENE –Issue.217

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

25 Feb – 2 March 2024

Issued every Sunday by Law for Palestine

Prepared by: Nour Kharouf, Joman Al Khateeb , Arwa Abdelmoniam

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 and Expatriates (MOFAE) said that Israel’s disregard for the international community and its institutions, including the Security Council and decisions of relevant international courts concerning civilian protection and warnings against the invasion of Rafah, has reached unprecedented levels of arrogance. It further stated that this attitude reflects a retaliatory mindset and a refusal to acknowledge the existence of the Palestinian people. (February 25, 2024) For further details, click here
• The Palestinian MOFAE condemns the ongoing Israeli attacks on Jerusalem and its residents, particularly the targeting of Christian and Islamic holy sites, notably the revered Al-Aqsa Mosque. The condemnation extends to restrictions on worshippers’ access to prayer during Ramadan, such as the construction of a tower and installation of surveillance cameras on the western wall of the Al-Aqsa Mosque. (February 26, 2024) For further details, click here
• During his address at the Human Rights Council’s 55th session held in Geneva, Minister of Foreign Affairs and Expatriates Riyad Al-Maliki emphasized the urgent need for international intervention to halt the atrocities committed against Palestinian children and civilians. He highlighted the imperative to cease the widespread killings, famine, and suffering plaguing the Gaza Strip. Al-Maliki condemned Israel’s use of famine and shortages of medical supply as weapons of war, noting intensified attacks on United Nations agencies, particularly UNRWA, aimed at undermining their crucial role as a lifeline for Palestinians. He called for a resolute international stance against the Netanyahu government’s agenda, underscoring the irreplaceable role of UNRWA in providing essential services to Palestinian refugees. (February 26, 2024) For further details, click here

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

• Israeli Prime Minister Benjamin Netanyahu announced that Israel rejects the international pressure to end the war until all its goals are achieved. He further added: “Even though this pressure is growing and increasing, our efforts are bearing fruit in the most important diplomatic arena which is, of course, the US.” He said that he is committed to preserving Israel’s existential interests and doubling the settlement project (February 29, 2024). For further details, click here
• Attorney Galit Rejwan, representing Israel in proceedings against it at the International Court of Justice (ICJ) related to the Gaza war, expressed confidence that the lawsuit brought by South Africa against her country would ultimately be dismissed. She claimed that the court’s failure to issue a provisional measure against Israel calling for a ceasefire in Gaza, was a significant achievement. (March 2, 2024) For further details, click here
• COGAT, The Israeli agency that controls access to Gaza, has imposed arbitrary and contradictory criteria, according to more than two dozen humanitarian and government officials interviewed by CNN. CNN has also reviewed documents compiled by major participants in the humanitarian operation that list the items most frequently rejected by the Israelis. These include anesthetics and anesthesia machines, oxygen cylinders, ventilators and water filtration systems. Other items include dates, sleeping bags, medicines to treat cancer, water purification tablets and maternity kits. (March 2, 2024) For further details, click here

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

• During a speech before the plenary session of the Asian Parliamentary Assembly in Baku, the President of the Arab Parliament Adel Al-Asoomi called for a tripartite meeting between the Palestinian committees of the Arab Parliament, the Asian Parliamentary Assembly, and the Union of Councils of Member States of the Organization of Islamic Cooperation (OIC) to support the Palestinian people and confront the crimes of the occupation in the Gaza Strip. (February 25, 2024) For further details, click here
• The Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA), Philippe Lazzarini, stated that: “Our calls to send food aid have been denied and have fallen on deaf ears.” Lazzarini indicated that the last time UNRWA was able to deliver food assistance to northern Gaza was on January 23rd. He emphasized that famine could be averted if more food convoys were allowed to enter northern Gaza regularly. UNRWA has stated that aid delivery to Gaza fell by half since January.
• During the 55th session of the United Nations Human Rights Council, the Secretary-General of the United Nations, António Guterres, stated that nothing justifies the collective punishment of the Palestinian people. He affirmed that an all-out Israeli offensive on the city of Rafah would put the final nail in the coffin of aid programs. He called for an immediate ceasefire, emphasizing the essential role of UNRWA in distributing urgent humanitarian assistance. (February 26, 2024) For further details, click here
• Officials from the Office for the Coordination of Humanitarian Affairs (OCHA), the Food and Agriculture Organization (FAO), and the World Food Programme (WFP) briefed the Security Council on the situation in Gaza, warning of imminent famine unless immediate action is taken to avert a humanitarian catastrophe. Many council members alleged Israel’s use of hunger as a weapon of war. (February 26, 2024) For further details, click here
• UNRWA issued a document under the title: “UNRWA: Claims versus Facts.” The document outlines UNRWA’s positions—based on objective, ascertainable facts, data, and firsthand information— on some of the most frequent claims and allegations made against the Agency in the media and social media by various individuals, organizations, public and private entities.(February 26, 2024) For further details, click here
• During the ICJ’s hearings for its advisory opinion on Israel’s practices, Spain said that the situation in Palestine has ‘indisputably’ worsened, adding that ‘establishing diplomatic missions in the Holy City (of Jerusalem) is a serious threat to the stability of peace in the region and the world,’. Spain representatives noted that resolutions of the UN Security Council and the General Assembly have failed to establish redress and sanction measures. (February 26, 2024) For further details, click here
• The International Court of Justice has announced that the public hearings on the request for an advisory opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, has been concluded. During the hearings, Palestine, along with 49 UN member states, and three international organizations presented oral statements. (February 26, 2024) For further details, click here
• The Secretary-General of the OIC, Mr. Hissein Brahim Taha, delivered an oral statement on behalf of the organization at the ICJ in the Hague, where he reiterated that Israel continues to pursue a policy of apartheid against the Palestinians. (February 26, 2024) For further details, click here
• During the final day of the International Court of Justice hearings on the legality of the Israeli occupation, Ralph Wilde, representing the Arab League, asserted before the court that “The Palestinian people have been denied the exercise of their legal right to self-determination through the more than century long violent, colonial racist effort to establish a nation state exclusively for the Jewish people in the land of mandatory Palestine.” In a separate intervention, Turkey remarked that “The ruled base international system is coming to a point of collapse because of the injustices inflicted on the Palestinian people for decades.” Conversely, Zambia suggested that the ICJ should refrain from issuing an advisory opinion, as it might weaken negotiations for a two-state solution. (February 26, 2024) For further details, click here
• The Director-General of the World Health Organization (WHO), Tedros Adhanom Ghebreyesus, urged Israel to consider the humanitarian consequences of a full-scale incursion into Rafah in southern Gaza, which shelters over a million Palestinians. He added: “We repeat our call for a ceasefire and for peace to prevail.” (February 27, 2024) For further details, click here
• Japan announced the provision of emergency aid worth $32 million in response to the deteriorating humanitarian situation in the Gaza Strip. The aid will be provided through the United Nations WFP, the WHO, the United Nations Children’s Fund (UNICEF), and other international organizations. (February 27, 2024) For further details, click here
• The Arab Republic of Egypt strongly condemned Israel’s targeting of a group of civilians who were awaiting the arrival of humanitarian aid trucks on Rashid Street in the northern Gaza Strip. Egypt deemed this act a flagrant violation of international law and called upon the Security Council, particularly the states that impede the Council’s ability to demand a ceasefire, to assume the humanitarian, ethical, and legal responsibility for halting the Israeli aggression against the Gaza Strip. Saudi Arabia, too, strongly condemned the attack and urged for the immediate opening of safe humanitarian passages and the facilitation of the evacuation of the wounded. Italian Foreign Minister Antonio Tajani has urged Israel to protect the Palestinian civilians, stressing that: “The tragic deaths at Gaza call for an immediate ceasefire to facilitate more humanitarian aid.” The OIC has strongly condemned the incident and renewed its urgent appeal for immediate international intervention to halt the genocidal atrocities perpetrated by the Israeli occupation. The OIC also called for the provision of international protection to Palestinian civilians.
• US Congresswoman Pramila Jayapal said that she is leading efforts with other representatives to demand the full restoration of funding to UNRWA, stressing that, “prohibiting U.S. funding for UNRWA is irresponsible and unacceptable.” (February 28, 2024) For further details, clickhere
• The UN Special Rapporteur on the right to food said that Israel is committing war crimes by deliberately depriving food to Gaza, stressing that the situation represents a situation of genocide. (February 28, 2024) For further details, clickhere
• During the UN Human Rights Council session, Volker Türk, the UN High Commissioner for Human Rights, stated: “There appear to be no bounds to – no words to capture – the horrors that are unfolding before our eyes in Gaza.” He highlighted the brutality of the Israeli response; the unprecedented level of killing and maiming of civilians in Gaza, including UN staff and journalists; the catastrophic humanitarian crisis caused by restrictions on humanitarian aid; the displacement of at least three-quarters of the population, often multiple times; the massive destruction of hospitals and other civilian infrastructure – and in many cases, systematic demolition of entire neighborhoods, rendering Gaza largely unliveable. (February 29, 2024). For further details, click here
• The UN Humanitarian Coordinator, Martin Griffiths, stated that: “Life is draining out of Gaza at terrifying speed.. I am appalled at the reported killing and injury of hundreds of people during a transfer of aid supplies west of Gaza City today.” (February 29, 2024). For further details, click here
• In a statement by a US Congressional delegation regarding its trip to Israel and the Palestinian territories, the delegation expressed concern about the Israeli Prime Minister’s policies towards the destruction of Gaza, calling for an immediate end to violence in Gaza and the West Bank. They emphasized the urgency of increasing humanitarian aid, warning that the crisis in Gaza will worsen without UNRWA funding. Additionally, they advocated for increased regional cooperation to support the two-state solution and holding settlers accountable for violence. (February 29, 2024). For further details, click here
• The Spanish Foreign Minister José Manuel Albarez stated that what is happening in Gaza is unacceptable, as dozens of Palestinian civilians are killed while waiting for food, and stressed the urgent need for a ceasefire. He added that “humanitarian aid must be able to enter without obstacles” and international humanitarian law must be respected. (February 29, 2024) For further details, click
• League of Arab States Secretary-General, Ahmed Aboul Gheit, strongly condemns the Israeli occupation forces’ massacre in northern Gaza, calling it a barbaric act. He strongly denounced the continued targeting of civilians by the occupation forces, deeming it as war crimes and crimes against humanity. He emphasized this in light of the starvation tactics imposed on 2.3 million Palestinians from the Gaza Strip, where Palestinians are besieged with hunger and bullets. (February 29, 2024) For further details, click here
• The Bureau of the UN Palestinian Rights Committee (CEIRPP) has issued a statement reaffirming its unwavering support for UNRWA and its indispensable mission, expressing deep concern regarding the catastrophic conditions in Gaza, and the hindrances to UNRWA’s mandate implementation. Additionally, UNRWA Commissioner-General Philippe Lazzarini has written a letter to the President of the General Assembly, highlighting that the agency has reached a critical juncture, imperiling its ability to carry out its mandate effectively.
• The Chinese Foreign Ministry has emphasizedthat Gaza is experiencing an unprecedented humanitarian crisis, urging the UN Security Council to take immediate action for a ceasefire. The Chinese Foreign Ministry expressedits shock at the Israeli occupation’s targeting of civilians while receiving humanitarian aid in Gaza and strongly condemned it. French Foreign Minister Stéphane Ségournet has advocatedfor an independent investigation into the “Rashid Street”  The French Foreign Ministry underscored that there is no justification for the Israeli military to target civilians attempting to access food supplies.
• Nicaragua files case against Germany at the International Court of Justice, alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide and the 1949 Geneva Conventions. The case specifically pertains to Germany’s actions concerning the Occupied Palestinian Territory, particularly the Gaza Strip. In its filing, Nicaragua asserts that Germany’s political, financial, and military support for Israel, coupled with its withdrawal of funding for UNRWA, has facilitated genocide in Gaza, and that Germany has failed to fulfill its obligation to take all necessary measures to prevent genocide. (March 1, 2024). For further details, click here
• In response to the killing of over 100 civilians in Gaza as they awaited life-saving aid, UN General Assembly President Denis Francis said that silence and inaction are unacceptable. He urged everyone to speak up and demand an immediate humanitarian ceasefire. (March 1, 2024). For further details, click here
• UN officials renewed the warning of the imminent risk of famine in Gaza. The United Nations Office for the Coordination of Humanitarian Affairs warned of the continued spread of diseases, stating that the medical facility of the Palestinian Red Crescent in Jabalia – north of Gaza – receives between 100 and 150 cases of viral hepatitis daily. WHO Director, Tedros Adhanom Ghebreyesus, said that the level of destruction surrounding the Shifa Medical Complex in Gaza City, which is being subjected to a devastating Israeli war, is “beyond words.” He renewed his call for a “ceasefire” in Gaza.
• Over 200 legislators from 12 countries have pledged to try to oppose their countries’ arms exports to Israel, arguing that they reject their countries being complicit in Israel’s grave violation of international law in its attack on Gaza. (March 1, 2024) For further details, click here
• According to diplomats who have reviewed a preliminary UN report, as reported by the Guardian, Israel has not provided evidence to substantiate its allegations regarding the involvement of UNRWA employees in the October 7 attack. (March 1, 2024) For further details, click here
• Following recent weeks where the United Kingdom, France, the Netherlands, and Jordan funded or carried out air drops to Gaza, both Canada and Belgium have announced that they will begin air-dropping aid to Gaza in the coming days.
• The European Commission has decided to allocate an additional €68 million to support the “Palestinian population”, in addition to planned aid worth €82 million through UNRWA in 2024, making a combined total of €150 million. It will also disburse €50 millionto UNRWA next week. (March 1, 2024) For further details, click here
• Regarding the massacre that occurred on Al-Rashid Street in the Northern Gaza Strip, European Commission President Ursula von der Leyen stated: “Every effort must be made to investigate what happened and ensure transparency. Humanitarian aid is a lifeline for those in need and access to it must be ensured.” The Chairperson of the African Union Commission also condemned the incident, calling for an international investigation, and reiterating the African Union’s call for an “immediate and unconditional ceasefire.”
• United States President, Joe Biden, said that the United States will carry out airdrops of aid to Gaza, redouble their efforts to open a maritime corridor, and expand deliveries by land. He further added that, “the aid flowing into Gaza is nowhere near enough. We all need to do more. And the United States will do more.” (March 2, 2024). For further details, click here
• In a statement, the European Union High Representative said that Israeli soldiers shooting at civilians trying to access food is unjustified. He called for an impartial international investigation, and emphasized Israel’s responsibility to protect the distribution of humanitarian aid. He stressed that “The responsibility for this incident lays on the restrictions imposed by the Israeli army and obstructions by violent extremist to the supply of humanitarian aid.” (March 3, 2024) For further details, clickhere

Publications of human rights NGOs:

• Addameer published a report highlighting the deliberate targeting of released prisoners by the Israeli occupation authorities after every prisoner exchange deal with Palestinian political parties. The report states that the Israeli authorities re-arrest these individuals, disregarding the guarantees provided and agreed upon with the overseeing parties involved in the exchange agreements. Frequently, the Israeli authorities present what they claim to be “secret files” as evidence, based on which the released prisoners are prosecuted and returned to serve their previous life sentences.(February 26, 2024). For further details, click here
• Amnesty International stated that Israel is defying the ICJ ruling to prevent genocide by failing to allow adequate humanitarian aid to reach Gaza. According to Amnesty, one month after the ICJ ordered “immediate and effective measures” to protect Palestinians from the risk of genocide, Israel has failed to take even the bare minimum steps to comply.(February 26, 2024). For further details, click here
• The International Federation for Human Rights (FIDH) strongly condemns Israel for its blatant violations of the legally binding decision by the ICJ regarding the implementation of provisional measures. The FIDH calls for concerted sanctions and pressure from third states to achieve an immediate and effective ceasefire, as well as accountability for the international crimes that have been committed. (February 26, 2024). For further details, click here
• Human Rights Watch has stated that the Israeli government has not fulfilled at least one of the measures outlined in the legally binding order issued by the ICJ in South Africa’s genocide case. (February 26, 2024). For further details, click here
• Al Haq organization and other Palestinian human rights organizations have released a brief report indicating that in the month following the ICJ ruling, Israel has continued its genocidal military campaign on Gaza, with intense bombardment and attacks from air, land, and sea. The report outlines key violations of the ICJ’s provisional measures over the past month, resulting in the killing of 3,524 Palestinians and the injury of 5,266 others. The Cairo Institute for Human Rights Studies also issued a statement that also highlighted Israel and its allies’ disregard for the ruling of the ICJ.
• The Airwars research team conducted an expedited assessment, systematically gathering and reviewing all allegations of civilian harm by Israel during the initial two weeks following the ICJ order. This independent, incident-based research aims to support investigations into claims of civilian harm. The study identified over 200 alleged incidents by Israel from January 27th, 2024, to February 9th, 2024, encompassing attacks on journalists, civilians in displacement centers, those awaiting humanitarian aid, and healthcare workers. (February 26, 2024). For further details, click here
• Association France Palestine Solidarité (AFPS)has released a press statement, in French, that highlights the inhumane conditions experienced by Palestinian political prisoners in Israeli prisons. It emphasizes that these prisoners are subjected to torture, and that there have been at least 10 deaths of Palestinian political prisoners in Israeli prisons over the past five months. (February 26, 2024). For further details, click here
• The research and art collective Forensic Architecture has released its own analysis of the visual material that was presented by the Israeli legal team at the ICJ hearing on January 12 (Genocide case). According to the group, the findings suggest multiple instances of misrepresentation, mislabeling, and misleading descriptions. In an emailed statement, Forensic Architecture said: “As one of the most significant cases in the ICJ’s history, it is essential that the evidence and claims made by Israel are scrutinized and assessed for authenticity and accuracy. (February 26, 2024). For further details, click here
• In response to Israel’s ongoing impunity, many Palestinian groups, Unions and Environmental Organisations call for a total global energy embargo against Israel until it ends the genocide and its regime of Apartheid and ethnic cleansing against the Palestinian people (February 26, 2024). For further detailed, click here
• Human Rights Watch and other international organizations have released a joint statement expressing their concern regarding the UK Government’s stance on weapon licenses to Israel: “As UK and international organizations working in and on the Occupied Palestinian Territory, we are deeply concerned that the UK government still refuses to suspend arms transfers to Israel despite the clear risk that UK-licensed equipment might be used to carry out or facilitate serious violations of international humanitarian law (IHL), including war crimes.” (February 28, 2024). For further details, click here
• Mondoweiss published a report titled: “Violating intimacies”, which addressed the Israeli soldiers who have photographed themselves posing with the lingerie of Palestinian women they have displaced or killed in Gaza (February 29, 2024). For further details, click here
• The Norwegian Refugee Council and several other international NGOs issued a joint statement, while Amnesty International issued a separate one, in which they stressed that the European Union and Member States must maintain funding for UNRWA. (February 29, 2024) For further details, clickhere
• The Association of International Development Agencies (AIDA) has warned that dozens of foreign aid workers, including heads of organizations, have had to leave Israel and the Palestinian territories, or are overstaying their visas and risking deportation. This is due to the fact that Israel has stopped issuing visas for international staff of humanitarian organizations that work in occupied Palestinian territories.(February 29, 2024) For further details, click here
• BBC Verify has conducted an investigation into Israel’s claims of killing 10,000 Hamas fighters (making the number of civilian deaths 2 for each fighter). BBC has reviewed all 280 videos posted to the IDF YouTube channel from 7 October up to 27 February and found that very few contained visual evidence of fighters being killed. (February 29, 2024) For further details, click here
• Sky News published an investigation titled: “The price of freedom: The company making millions from Gaza’s misery.” The investigation shows that an Egyptian company is charging Palestinians $5,000 per person to flee Gaza and has increased its prices 14-fold since the war began (March 1, 2024). For further details, click here

Opinion Pieces and features:

• The Institute for Palestine Studies published a political paper by Paul Morcos, entitled: “Legal Measures Available to Bring Israel to Trial Following the Gaza War of 2023” (December 18, 2024). For further details, click here
• Opinio Juris published an article by Jennifer Trahan, entitled: “More evidence of states agreeing that there are some limits under International Law to the veto power of the permanent members of the UN Security Council” (February 26, 2024). For further details, click here
• Al-Jazeera published an opinion piece by reader in law, Alice Panepinto, and professor Triestino Mariniello, entitled: “Settler violence: Israel’s ethnic cleansing plan for the West Bank” (February 26, 2024). For further details, click here
• The New Humanitarian published an interview with Tom Dannenbaum, an associate professor of international law, entitled: “Gaza genocide case: Has Israel complied with ICJ orders?” (February 26, 2024) For further details, click here
• Pass Blue published an article by Damilola Banjo, entitled: “The hurdles keep growing for the UN’s new Gaza-aid troubleshooter.” (February 28, 2024) For further details, clickhere
• The London Review of Books published an article by Pankaj Mishra, entitled: “The Shoah after Gaza” (February 28, 2024). For further details, click here
• The Nation published an article by Phyllis Bennis, entitled: “The Biden Administration joins Israel’s war on UNRWA” (February 28, 2024) For further details, click here
• The Institute for Palestine Studies published an article by Mahmoud Hawari, entitled: “Israel Destroys Palestinian Cultural Heritage Sites in Gaza” (February 28, 2024). For further details, click here
• Security Context published an article by Mandy Turner, entitled: “Countering “day after” narratives: notes towards a practical program for Palestinian liberation and global solidarity.” (February 29, 2024) For further details, clickhere
• Haaretz newspaper published an analytical article by Amos Harel, entitled: “Accidental or Not, Mass Fatalities in Gaza Could Change the Course of the Israel-Hamas War.” (March 1, 2024) For further details, clickhere

Upcoming human rights opportunities and events:

• The Palestinian Media Agency announced the 22nd edition of the Geneva International Film Festival and Human Rights Forum (FIFDH), scheduled from March 8th to 17th. This year’s program, themed “Palestinian Perspectives and Voices,” will feature seven Palestinian films. Additionally, on March 10th, a panel discussion titled “How Does Your Country Represent Itself: A Victim of Decades of Occupation and the Devastated Gaza Strip, Amidst Ongoing Bombardment” will provoke thoughtful discussions. For further details, click here
• On March 13th, the Committee on the Exercise of the Inalienable Rights of the Palestinian People (CEIRPP) will hold a virtual event titled: “War on Gaza: impact on Palestinian Women and children.” This event is organized on the side of the annual meeting of the Commission on the Status of Women (CSW68) which aims to support the rights of Palestinian women and provide a platform to inform about their situation under occupation. For further details, click here