PALESTINE’S LEGAL SCENE –Issue.219

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

 10 – 16 March 2024

Issued every Sunday by Law for Palestine

Prepared by:: Nour Kharouf, Joman Al Khateeb, Arwa Abdel moniam

Translation: Widad Hussein and Ferdous Abdul Ham

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) strongly denounces the creation of a new settlement outpost in Ain al-Sakout, located in the northern Jordan Valley. This action by Israel is viewed as an attempt to seize further Palestinian territory, undermining the possibility of establishing a viable, geographically contiguous Palestinian state. It also flagrantly disregards the international consensus for peace and underscores the fragility of global opposition to settlement expansion. (March 10, 2024) For further details, click here
• The Palestinian MOFAE has voiced strong criticism against the international community’s inability to safeguard civilians and ensure their fundamental humanitarian needs. By emphasizing the UN Security Council’s failure to enforce Resolution 2720 and its inability to facilitate consistent delivery of humanitarian and medical assistance to Gaza Strip civilians, the Ministry asserts that such shortcomings are wholly unjustified and reflect the depth of international cowardice. Further, the Ministry has urged the UN Security Council to fulfill its obligations by translating the resolution into binding procedures and measures, while also implementing the preliminary precautionary order issued by the ICJ.
• Mahmoud Al-Habbash, Palestinian Authority presidential adviser on religious and Islamic affairs, strongly denounced the Israeli occupation’s imposition of restrictions on access to Al-Aqsa Mosque during the holy month of Ramadan. He categorically condemns these actions as a direct attack on sacred sites and a clear violation of international law. Al-Habbash emphasizes that according to international law, the occupying power is obligated to ensure unhindered access for all Muslims to Al-Aqsa Mosque, enabling them to worship freely and safely. (March 12, 2024) For further details, click here
• The Palestinian Ministry of Foreign Affairs condemns the brazen endorsement by the Israeli Minister of National Security, Itamar Ben Gvir, for the criminal responsible for the murder of the Palestinian child, Ramy Al-Halhuli. The ministry called for an immediate arrest warrant to be issued against him by the International Criminal Court (ICC). It also denounces the Israeli occupation forces in preventing thousands of worshippers from the West Bank and Jerusalem from accessing Al-Aqsa Mosque on the first Friday of Ramadan. The ministry called for urgent international and American intervention to halt these colonial and racist restrictions. In a different context, the ministry condemns the massacre perpetrated by the Israeli occupation forces at Al-Kuwait roundabout in the city of Gaza. It demanded the imposition of effective international sanctions on the occupying state.

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

• The Israeli Prime Minister’s Office has directed the Finance, Defense, and National Security ministries to swiftly prepare thousands of detention facilities for incoming Palestinian detainees. This instruction comes after a security meeting where Israeli military and Shin Bet representatives presented assessments indicating an expected increase in arrests of Palestinians in the Gaza Strip and the West Bank throughout the year. This surge in detentions is anticipated to add to the approximately 4,000 individuals already detained since the onset of the war. (March 10, 2024) For further details, click here
• The Israeli army announced the imposition of a command citation on Brigadier General Barak Hiram, commander of the 99th Brigade, for bombing Al-Israa University in the Gaza Strip earlier this year without prior authorization. Hiram had ordered a strike on Al-Israa University in the vicinity of Gaza City in the claim that intelligence reports revealed the presence of terrorists and tunnel entrances on the university’s premises. (March 11, 2024) For further details, click here
• Israeli Finance Minister Bezalel Smotrich has sought clarifications from the Prime Minister regarding the relocation of approximately seventy orphans from Gaza to the West Bank. He characterized this action as “immoral,” suggesting that it is akin to showing mercy to the cruel. Similarly, National Security Minister Itamar Ben Gvir commented that “In war, one must crush the enemy instead of worrying about looks.”
• Israeli Minister of National Security, Itamar Ben Gvir, expresses dissatisfaction with the US sanctions imposed on West Bank settlements and settlers, highlighting that this step serves as evidence that the US administration fails to distinguish between adversaries and allies. Ben Gvir asserts that such a decision fails to acknowledge the valuable contributions of settlers and instead subjects them to unwarranted penalties. (March 14, 2024) For further details, click here
• During his meeting with Catherine Colonna, who heads the UN team investigating the involvement of UNRWA employees in the October 7th attack, Israeli Energy Minister Eli Cohen expressed his opinion that “UNRWA is part of the problem, not part of the solution”. Cohen further stressed that, “dismantling UNRWA, which has become an arm and financer of Hamas, is an inseparable part of combating Hamas.” He stressed the need to put an end to UNRWA activities not only in Gaza, but also in Judea and Samaria (the West Bank). In the same context, during a meeting with Knesset Speaker MK Amir Ohana (Likud) alongside members of the Senate and the House of Representatives of the Australian Federal Parliament, Ohana stressed the necessity of replacing UNRWA, stating that it is “the body that educated those who carried out the October 7 massacre.” (March 12, 2024)

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

• United Nations Secretary-General António Guterres: “My appeal is to honor the spirit of the holy month by silencing the guns and removing all obstacles to the delivery of lifesaving aid.” Guterres also repeated his call for “the immediate release of all hostages”. (March 11, 2024)
• UNICEF Middle East and North Africa (MENA) emphasized that: “Even wars have rules. No child should be cut off from essential services, nor fall from the reach of humanitarian hands. The cost to children and their communities inGaza of this violence will be borne out for generations to come. The only solution is an immediate ceasefire”.(March 11, 2024) For further details, clickhere
• UNRWA Commissioner-General Philippe Lazzarini confirmed that Israel has banned the entry of basic and lifesaving items including ventilators and cancer medicines into Gaza. Additionally, a truck loaded with aid was recently denied entry because it contained scissors used in children’s medical kits. Lazzarini stressed the dire situation, stating that: “Very little comes in and restrictions increase.”(March 11, 2024) For further details, clickhere.
• In a statement regarding the situation in Gaza, Irish President Michael Higgins criticized Israel’s campaign against UNRWA, describing its launch as a “scandalous travesty.” Higgins stressed the need to immediately stop the blockade on food and aid in Gaza, urging countries that have halted financial support to UNRWA to consider the dire humanitarian situation in Gaza, including the children who are dying due to oxygen shortages and malnutrition. (March 11, 2024) For further details, clickhere
• During a meeting held by the Council on cooperation between the United Nations and the European Union, Josep Borrell, the European Union Foreign Affairs High Representative, stressed the importance of facilitating aid delivery into the Gaza strip. He added that famine in Gaza is being used as a weapon of war, stating that, “when we condemn this happening in Ukraine, we must use the same words for what is happening in Gaza.” He emphasized the crucial role of UNRWA for Palestinian refugees, specifically in Gaza, noting that the only way to end UNRWA’s operations is to grant these refugees citizenship within a Palestinian state that coexists with the State of Israel. (March 12, 2024) For further details, clickhere
• The British Government is seeking an “investigation and explanation” into claims that Israeli soldiers tortured and abused Palestinian medical staff. Foreign Office Minister Andrew Mitchell said: “I think that a full explanation and investigation is required and that is what the British Government is pressing for.” (March 12, 2024) For further details, click here
• Sigrid Kaag, the UN Senior Humanitarian and Reconstruction Coordinator for Gaza, confirmed that there are no viable alternatives to land routes and entry points from Israel to Gaza for delivering aid at the necessary scale, noting that the sea corridor will complement these efforts. She stressed the need for the safety and security of civilians and humanitarian workers in Gaza. (March 12, 2024) For further details, clickhere
• UNRWA Commissioner-General Philippe Lazzarini expressed his shock at the number of children killed in the Gaza Strip stating: “the number of children reported killed in just over 4 months in Gaza is higher than the number of children killed in 4 years of wars around the world combined.” Lazzarini described this war as, “a war on children, a war on their childhood, and their future.” He stressed the importance of a ceasefire in order to protect the children of Gaza and their futures. (March 12, 2024) For further details, clickhere
• The Moroccan Ministry of Foreign Affairs has announced instructions from the King of Morocco to launch a humanitarian operation aimed at providing food aid, by land, for the residents of Gaza as well as the city of Jerusalem. (March 12, 2024) For further details, clickhere
• Tor Wennesland, United Nations Special Coordinator for the Middle East Peace Process, called for the status quo at the holy sites in Jerusalem to be upheld and respected. He emphasized the great challenges facing the region as a result of the devastating war in Gaza, and its negative impact on the humanitarian crisis and public order in the West Bank. He also stressed the need to stop the suffering of the people of Gaza and reunite the hostages with their loved ones. (March 12, 2024) For further details, clickhere
• UNRWA Commissioner-General Philippe Lazzarini said that, “the attack on one of the very few remaining UNRWA distribution centres in the Gaza Strip comes as food supplies are running out, hunger is widespread and, in some areas, turning into famine.” Lazzarini confirmed that, “Every day, we share the coordinates of all our facilities across the Gaza Strip with parties to the conflict.” He pointed out that, “Since this war began, attacks against UN facilities, convoys and personnel have become commonplace in blatant disregard to international humanitarian law.”(March 13, 2024) For further details, clickhere
• Chinese Foreign Ministry spokesman Wang Wenbin stated that restoring justice to the Palestinian people and fully implementing the Two-State solution is the only way to break the vicious cycle of Palestinian-Israeli conflicts, to eliminate the breeding ground of extremist ideologies, and to realize enduring peace in the Middle East. (March 13, 2024) For further details, clickhere
• UNICEF released a report stating that acute malnutrition has doubled in one month in the north of Gaza strip. The report indicates that now, 31 per cent – or 1 in 3 children under 2 years of age – in the Northern Gaza Strip suffer from acute malnutrition, a staggering escalation from 15.6 per cent in January. Catherine Russell, UNICEF Executive Director. said “An immediate humanitarian ceasefire continues to provide the only chance to save children’s lives and end their suffering.”(March 13, 2024) For further details, click here
• EU High Representative for Foreign Affairs Josep Borrell met with US Secretary of State Antony Blinken in Washington, where they discussed the situation in Gaza. Borrell stressed the importance of reaching a durable ceasefire and the release of all hostages. He pointed to the urgent need for unhindered humanitarian access, first and foremostthrough land-based crossings. He informed Secretary Blinken of the resumption of EU funding to UNRWA and they exchanged views on shared efforts to lay the groundwork for a durable peace in the Middle East through a two-state solution. (March 13, 2024) For further details, click here
• Spanish Foreign Minister Mr. José Manuel Albarez called for launching an Arab and European initiative to hold an international peace conference in the Middle East in Spain to recognize the State of Palestine and its full membership in the United Nations. He added that an immediate ceasefire is the highest priority now. (March 13, 2024) For further details, clickhere/here
• Republic of Cyprus Minister of Foreign Affairs hosted U.S. Secretary of State Antony J. Blinken; European Union Commissioner for Crisis Management; UK Secretary of State for Foreign, Commonwealth and Development Affairs ; UAE Minister of Foreign Affairs ; Qatar Prime Minister and Minister of Foreign Affairs, and UN Senior Humanitarian and Reconstruction Coordinator for Gaza for a virtual ministerial to advance planning to open a maritime corridor to deliver much-needed additional humanitarian assistance to Gaza by sea. The ministers agreed that there is no meaningful substitute to land routes via Egypt and Jordan and entry points from Israel into Gaza for aid delivery at scale. The ministers also agreed that opening Ashdod port to humanitarian assistance would be a welcome and significant complement to the corridor. (March 13, 2024). For further details, click here
• The US imposed new sanctions on three Israeli individuals and two associated entities involved in undermining stability in the West Bank. This step was taken in light of President Biden’s executive order issued in February 2024 granting the Department of State new authorities to impose sanctions on those responsible for undermining peace, security, and stability in the West Bank. (March 14, 2024). For further details, click here
• US Senate Majority Leader Chuck Schumer said that “Israel must make some significant course corrections” to achieve lasting peace with the Palestinians. In a speech before the Senate, Schumer stated that Israel’s rejection of the two-state solution is “a grave mistake” and called for doing everything possible to secure a temporary ceasefire and deliver aid to Gaza. Schumer said that Israeli Prime Minister Benjamin Netanyahu is “a major obstacle to peace” and has often caved in to the demands of extremists. (March 14, 2024) For further details, clickhere
• In a resolution adopted by 372 votes in favour, 44 against and 120 abstentions, EU MEPs call on Israel to immediately allow and facilitate full aid delivery into and throughout Gaza via all existing crossingsand underline the urgent need for rapid, safe and unhindered humanitarian access. They reiterate their call for an immediate and permanent ceasefire to address the looming risk of mass starvation in Gaza and to immediately and unconditionally release all hostages. (March 14, 2024) For further details, click here
• The Jordanian Ministry of Foreign Affairs and Expatriates condemned the actions of the Israeli occupation authorities in installing iron barriers on three entrances of Al-Aqsa Mosque in Jerusalem. It reiterated its stance that Israel has no sovereignty over occupied East Jerusalem and does not possess the right to impose any restrictions that hinder the entry of worshipers into Al-Aqsa Mosque. (March 14, 2024) For further details, clickhere
• The Australian Foreign Ministry announced that its government had resumed funding for UNRWA nearly two months after the funding was suspended. (March 15, 2024) For further details, clickhere
• The International Court of Justice has announced that it will hold public hearings regarding proceedings initiated by Nicaragua against Germany. These proceedings concern alleged violations by Germany of its obligations under the Genocide Convention and the Geneva Conventions of 1949, particularly in relation to the Occupied Palestinian Territory, specifically the Gaza Strip. The public hearings are scheduled for Monday, April 8th, and Tuesday, April 9th, 2024, at the Peace Palace in The Hague. (March 15, 2024) For further details, click here
• The Organization of Islamic Cooperation (OIC) strongly denounced all the unlawful measures taken by the Israeli occupation with the aim of altering the legal and historical status quo of Al-Aqsa Mosque. The organization also condemned the Israeli occupation’s persistent commission of crimes in the Gaza Strip. It reiterated its call upon the UN Security Council to urgently adopt a decisive resolution to halt the ongoing Israeli aggression against the Gaza Strip and ensure the sufficient and sustainable delivery of humanitarian aid to all parts of the region. (March 15, 2024)
• The Belgian Prime Minister warned Israel against using hunger as a “weapon of war” in Gaza, and also urged it to abandon plans for an offensive into the city of Rafah. (March 16, 2024) For further details, clickhere

Publications of human rights NGOs:

• The Peace Now organization criticized the start of infrastructure construction for a new settlement west of Ariel, Known as “the Amirim neighborhood” or “Ariel West” in the heart of the West Bank. This was considered a deliberate move by the Government of Israel to escalate tensions and destroy the possibility of a two-state solution. The organization added that such measures endanger the lives and future of Palestinians and Israelis, as well as the lives of the entire region, stressing the need tostop these measures now. (March 10, 2024)For further details, clickhere
• The “Yesh Din” organization has lodged a petition with the Israeli Supreme Court concerning the Jordan Valley Regional Council. They demand the return of confiscated livestock, reimbursement for the confiscations, and an exemption from the council’s grazing bylaw for Palestinian herders who operate without permission. The organization states that these actions, alongside documented cases of settler violence, are part of Israel’s strategy to annex Area C and displace Palestinian communities from their homes. (March 10, 2024)For further details, click here
• The Peace Now anti-settlement movement condemns the construction of a new settlement in the Heart of the West Bank,known as “Amirim Neighborhood.” This settlement, located adjacent to the Palestinian village of Salfit, serves to disconnect Palestinian villages north of Salfit, such as Kifl Haris and Haris, from the Salfit district. (March 10, 2024). For further details, click here 
• The Investigate and Dismantle Apartheid group issued a statement in which it addressed the ICJ’s ruling on the plausibility of genocide in the Gaza Strip. They called upon states, both individually and collectively through the United Nations General Assembly (UNGA), to end complicity and impose targeted sanctions on Israel. (March 11, 2024) For further details, clickhere
• Action Aid International noted that Ramadan fasting has begun while many Palestinians face extreme hunger and the risk of famine. It added that the destruction of agricultural lands and the elimination of more than 70% of fishing boats in Gaza made it difficult for Gazans to obtain food on their own. The organization’s communications and advocacy officer urged the international community to “work together and put an end to the senseless violence in Gaza and the West Bank. With millions at risk of famine, only an immediate ceasefire can prevent more children from dying in the coming days and weeks.” (March 12, 2024) For further details, clickhere
• The Association for Civil Rights in Israel, Hamoked, Breaking the Silence, Emek Shavek, Gisha, Ir Amim, Yesh Din and other human rights organizations in Israelissued a joint press statement urging the Israeli government to comply with the ICJ order, condemning the fact that Israel has so far failed to change its behavior based on the measures imposed by the ICJ. They called for an immediate ceasefire, including the return of the hostages, and further called on the international community to use its collective influence to promote and support an immediate ceasefire and the implementation of provisional measures. (March 12, 2024) For further details, clickhere
• Al Mezan Center for Human Rights issued a statement titled “Testimonies from Gaza”, featuring the story of a 21-year-old resident of the Al-Hollandi neighborhood in Khan Younis City, who shared her firsthand account of the Israeli attack that killed her husband and 16 others on 3 December 2023. (March 12, 2024). For further details, click here
• 159 European civil society organizations and trade unions called on the European Union and all European countries to take immediate steps to halt the looming ground invasion of Israel into Rafah and force Israel to stop all acts of genocide by all means. It added that it is finally time for Europe to exercise the strongest leverage possible as the largest trading partner of Israel. (March 12, 2024) For further details, clickhere
• BADIL Resource Center for Palestinian Residency and Refugee Rights said that the proposed maritime humanitarian corridor and temporary seaport is another tool to weaponize aid, absolve Israel of its responsibilities and obligations, and support Israel in its “day after plans”: to eliminate and replace UNRWA and establish a potential mechanism for Palestinian forcible transfer out of the Gaza Strip. BADIL said that ground deliveries are the most effective way to provide urgent and immediate relief.(March 14, 2024). For further details, click here

Opinion Pieces and features: 

• EJIL: Talk! published an article by researcher Marco Longobardo, entitled: “Alleged Violations of the Duty to Ensure Respect for IHL and the Monetary Gold Principle.” (March 11, 2024) For further details, click here
• The European Council on Foreign Relations (ECFR) published an article by the Middle East and North Africa Programme Manager, Kelly Petillo, entitled: “On the brink: Why Europeans need to help save UNRWA from collapse.” (March 12, 2024) For further details, click here
• Verfassungsblog recently featured an article authored by researchers Dr. Alexander Wentker and Dr. Robert Stendel, entitled: “Conspicuously Absent: The Indispensable Third Party Principle at the ICJ in Nicaragua v Germany.” The article delves into the lawsuit brought forth by Nicaragua against Germany before the International Court of Justice, alleging violations of the Genocide Convention and international humanitarian law due to Germany’s purported support of Israel. (March 13, 2024) For further details, click here
• The Guardian published an analytical article by the climate justice reporter Nina Lakhani, entitled: “How the global oil industry is fueling Israel’s war on Gaza”.(March 14, 2024). For further details, click here
• EJIL:Talk! published an article by John Guigley, entitled: “Legal Standard for Genocide Intent: An Uphill Climb for Israel in Gaza Suit.” (March 14, 2024) For further details, clickhere
• The Irish Times published an analytical article by Sally Rooney entitled: “Killing in Gaza has been supported by Ireland’s ‘good friend’ in the White House.” (March 16, 2024) For further details, click here

Legal Achievements/Impacts for Palestine:

• BP and Abu Dhabi National Oil Company (ANDOC) have suspended talks to buy a 50% stake in the Israeli’s natural gas producer NewMed, the largest shareholder in the Leviathan natural gas field in Israel, due to “uncertainty in the region”, following the continuing war in Gaza. (March 13, 2024) For further details, clickhere
• The Committee on the Exercise of the Inalienable Rights of the Palestinian People (CEIRPP) held a virtual event entitled, “War on Gaza: Impact on Palestinian Women and Children” on the side of the annual meeting of the Committee on the Status of Women (CSW68). (March 13, 2024) For further details, clickhere

 Human rights conferences and events:

• Over 650 Chilean lawyers submitted a formal legal complaint with the ICC targeting the Israeli government and its prime minister, Benjamin Netanyahu. The complaint alleges crimes against humanity, genocide, and war crimes perpetrated against the Palestinian population in the Gaza Strip, the West Bank, and East Jerusalem. (March 11, 2024) For further details, click here
• Oxfam Denmark, Amnesty International Denmark, Mellemfolkeligt Samvirke (ActionAid Denmark), and the Palestinian human rights organization Al-Haq are suing the Danish National Police and the Ministry of Foreign Affairs to stop Danish arms exports to Israel. The organizations called for stopping the export of weapons and military equipment due to the risk of their use in Gaza in a way that violates international humanitarian law – including war crimes – and a plausible genocide. (March 12, 2024) For further details, click here
• As part of a coalition of legal groups, ICJP Canada issued the Canadian government with a notice of complicity in genocide. Legal proceedings are expected to commence in 21 days unless appropriate actions to end Canadian complicity are taken. (March 13, 2024). For further details, click here

Upcoming human rights opportunities and events:

• On the 3^rd and 4^th of April 2024 in Geneva, the Committee on the Exercise of the Inalienable Rights of the Palestinian People (CEIRPP) will hold a conference of civil society organizations working on the question of Palestine entitled: “Building Bridges with International Civil Society to Address the Ongoing Nakba.” For further details, clickhere