PALESTINE’S LEGAL SCENE –Issue.223

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

7 – 13 April 2024

Issued every Sunday by Law for Palestine

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

Translation: Widad Hussein and Hadil Mubarak

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 Commission of Detainees Affairs condemned the recent policy of targeting recently released female prisoners, the latest of which was the arrest of the two editors, Layan Kayed and Layan Nasser, both students at Birzeit University. The Commission clarified that raiding the homes of former female detainees has become a daily routine, as the occupation army attempts to implement a policy of deterrence and revenge against Palestinian women and girls. The commission called on local, regional and international feminist institutions to raise their voices to save Palestinian women. (April 7, 2024) For more details, clickhere
• The head of the Resistance against the Wall and Settlement Authority, Muayad Shaban, revealed that the occupation state is misleading the international stance which rejects the construction of new colonies settlements. He explained that many of the recent plans issued by the planning authorities in the occupation state claim they aim to expand existing settlements, but upon reviewing the maps of the declared plans, it became clear that they intend to build new settlements far away from the settlement that it claims to be expanding.(April 7, 2024) For more details,here
• The Ministry of Foreign Affairs and Expatriates of the State of Palestine condemned the heinous crime committed by the Israeli occupation government and its related arms against the detainees. Represented by the adoption of racist laws and legislation against them, the policy of oppression and abuse, and deliberate medical neglect of their health, which led to the martyrdom of many detainees, the last of whom is the cancer-stricken detainee, Walid Daqqa. The Ministry demanded that Israel’s crimes be stopped and that it be held accountable, stressing that it would work with all international institutions to hold Israeli war criminals accountable. (April 8, 2024) For more details,here

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

• IDF Chief of Staff Lt. Gen. Herzi Halevi said that despite the withdrawal of all of the army’s maneuvering ground forces from the Gaza Strip, the war against Hamas continues and is far from over. In addition, the IDF would be fully able to resume fighting if it halts temporarily in the event of a truce as part of a hostage deal. (April 7, 2024) For more details, clickhere
• Israeli Defense Minister Yoav Gallant said he believes Israel has reached an “opportune moment” to bring about the release of hostages held in Gaza, but such a move will require “difficult decisions.” (April 8, 2024) For further details, clickhere
• Haaretz newspaper mentioned in an article by its correspondent in the West Bank, Hagar Shezaf, that after three months of the year 2024, the year has already witnessed a record number of West Bank territories declared as Israeli-owned properties. Maps have been redrawn for approximately 24,000 dunams (5,900 acres) of state-owned lands, most of which are in deep areas of the West Bank – a move that could signal settlement construction in those areas. (April 11, 2024) For further details, clickhere

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

• A group of German civil servants have penned a letter to Chancellor Olaf Scholz and senior ministers, urging an immediate halt to arms exports to Israel. They argue that Israel’s actions in Gaza violate international law and the Constitution, referencing a recent ruling by the International Court of Justice deeming Israeli military actions in Gaza as potential acts of genocide. (April 8, 2024) For more details, clickhere
• The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) stated that the delivery of life-saving aid to Gaza still faces obstacles due to Israel imposing numerous restrictions and either refusing or hindering more than half of the food missions coordinated by the United Nations to areas facing significant risks. (April 8, 2024) For more details, clickhere
• Under a 2022 United Nations General Assembly (UNGA) resolution, which allows the Assembly to debate when a veto is cast in the Security Council, the UNGA convened a meeting to discuss Russia and China’s veto of a draft resolution presented by the United States last month on the Gaza conflict. UNGA President Dennis Francis describedthe conflict in Gaza as unprecedented in its intensity, brutality, and scope, criticizing Israel’s obstruction of UNRWA aid convoys to northern Gaza and urging Israel to reverse this decision. Russian representative Dmitry Polyansky defended the veto, stating that the American draft resolution gave Israel a free hand “to continue its inhumane operations”. The U.S. representative expressed commitment to diplomatic efforts for a ceasefire, highlighting ongoing negotiations with Egypt and Qatar to achieve that. For more details, clickhere
• The President of the Security Council for the current month, the Maltese Ambassador to the United Nations, has referred Palestine’s request for full membership in the United Nations to the Council Committee concerned with considering applications for new members. However, the committee has failed to agree on a common response to the request.
• The World Food Programme warned of an impending famine in the Gaza Strip more than ever before, stating “Six months on, not a single family in Gaza is considered food secure.”. The program emphasized that to “halt famine, fighting must stop and humanitarian agencies must be granted full access to people in need wherever they are.” (April 8, 2024) For more details, clickhere
• The International Court of Justice held public hearings on Nicaragua’s request for the indication of provisional measures against Germany, accusing it of facilitating genocide in Gaza through its support for Israel. Nicaragua demanded the imposition of provisional measures against Germany, calling for the suspension of aid to Israel, especially military assistance, and the resumption of support for UNRWA. Germany, on the other hand, rejected the accusations against it and insisted that it did not violate international law. Germany requested the Court to dismiss Nicaragua’s request and remove the case from the Court’s General List. The Court will commence deliberation, and its decision will be delivered at a public sitting. (April 8, 2024) For more details, click  here and here
• UNICEF confirmed that there is no “safety” in Gaza, as there is no safe place to go. Pointing out that this is the reality for children in the Gaza Strip. UNICEF reiterated its call for an immediate and permanent ceasefire and for the unimpeded access of humanitarian aid. (April 8, 2024) For more details, click here
• Secretary-General of the United Nations, António Guterres, stated that “An information war has added to the trauma of the war in Gaza – obscuring facts and shifting blame.”. He added, “Denying international journalists entry into Gaza is allowing disinformation and false narratives to flourish.” (April 8, 2024) For more details, clickhere
• The Turkish Ministry of Trade announced that Turkey will impose restrictions on the export of products from 54 different categories to Israel until a ceasefire is declared in the Gaza Strip, adding that the measures will take effect immediately. The restrictions will include products such as iron, steel, construction equipment, machinery, and others. It confirmed that Türkiye has not sold Israel any product that could be used for military purposes for a long time. (April 9, 2024) For more details, click here, and here
• French Foreign Minister Stéphane Sejourne proposed sanctions on Israel until it allows aid into Gaza, emphasizing the need to pressure Israel to open crossings for humanitarian aid. He also supports EU sanctions on settlers in the West Bank. (April 9, 2024) For more details, click here
• The Irish Foreign Minister announced his country’s intention to recognize the State of Palestine without linking it to an agreement between the conflict parties. He added that there is no doubt that “recognition of a Palestinian state will happen.” He pointed out that this step comes in the context of broader international efforts to promote peace and humanitarian assistance in Palestine, responding to the difficult humanitarian conditions in Gaza and the West Bank. He emphasized that “the shocking crimes of Hamas and the need to secure the release of the hostages cannot justify the scale and terrible humanitarian catastrophe of the war Israel is waging.” adding, “I am in no doubt that war crimes have been committed. And I utterly condemned the ongoing bombardment of the Gazan people.” (April 9, 2024) For more details, click here, and here
• During a press conference at the European Parliament, Francesca Albanese, the Special Rapporteur on the human rights situation in the occupied Palestinian territories, urged European states to take decisive action to halt the Israeli genocide in Gaza. She emphasized the necessity for immediate measures, including imposing an arms and oil embargo on Israel and suspending relations with it. Albanese also called for a transparent investigation into the crimes committed in Gaza. (April 10, 2024) For more details, click here, here
• Secretary of State Antony J. Blinken affirmed the US support for Israel’s security and made clear that the U.S. will stand with Israel against any threats by Iran and its proxies. Blinken also welcomed Israel’s recent announcements of urgent steps regarding facilitating the entry of humanitarian assistance into Gaza and to improve humanitarian deconfliction and coordination, He emphasized that the “United States expects Israel to quickly implement its commitments on humanitarian assistance and deconfliction and that those commitments must be sustained over time.” (April 10, 2024) For more details, clickhere
• Nicaragua closed its embassy inBerlin, after filing an international legal case against Germany accusing it of “facilitating the commission of genocide” against Palestinians in Gaza via its arms exports to Israel. (April 10, 2024) For more details, clickhere
• Chinese Foreign Ministry spokeswoman Mao Ning confirmed that China supports Palestine’s full membership in the United Nations and supports the Council taking rapid action to achieve this goal. Ning added, “The ongoing Palestinian-Israeli conflict and the severe humanitarian crisis has caused yet another reminder that the only way to end the vicious cycle of Palestinian-Israeli conflicts is to fully implement the Two-State solution, establish an independent state of Palestine and redress the historical injustice long suffered by the Palestinians”. (April 10, 2024) For more details, of the news and its original source , here
• The United Nations Humanitarian Coordinator for the Occupied Palestinian Territory, who was part of a team that visited Khan Younis city after the Israeli military withdrawal, stated that people in Gaza are struggling to survive, adding that “Every building the team visited and most they could see had been damaged, with paved roads reduced to dirt tracks.” (April 11, 2024) For more details and the original source, click here
• Spokeswoman for the United Nations Children’s Fund (UNICEF), Tess Ingram said that the children of Gaza are trapped in successive and continuous conflict and trauma without any safety to flee. She warned of the long term repercussions of this on children’s physical, developmental, and also mental health. Ingram affirmed that there is still an opportunity to avert famine in Gaza if the area is flooded with aid. (April 11 2024) For more details, here
• Members of the UN Security Council voiced grave concern over Israeli airstrikes that resulted in the killing of 7 of the World Central Kitchen aid workers in Gaza. According to a press statement, the Security Council said that these “horrific attacks” brought the number of humanitarian personnel killed in Gaza during the ongoing conflict to at least 224, more than three times as many humanitarian aid workers killed in any single conflict recorded in a single year. The members of the Security Council called for full respect of international law, including international humanitarian law and international human rights law. (April 11, 2024) For more details, click here
• President of the Government of Spain, Pedro Sánchez and the Norwaigan Prime Minister Jonas Gahr Store announced their readiness to recognize the Palestinian state and support its membership in the United Nations. Sánchez highlighted signs of Europe’s willingness to recognize Palestine, and underscored the importance of prioritizing an urgent ceasefire and boosting security and humanitarian aid in Gaza. (April, 12 2024) For more details, here, here
• After recent visits to the three medical facilities in Gaza, WHO staff said that “All facilities were found to be completely non-functional, with no oxygen supply, no water, no electricity and no working sewage systems.” The Al-Shifa hospital open spaces “were filled with makeshift graves for people that lost their lives there.. the hospital has been turned into dust and rubble.” WHO reports that their humanitarian operations continue to face denials of access. (April 12, 2024) For more details, click here
• The United Nations Coordinator for Humanitarian Affairs in the Occupied Palestinian Territory, Jamie McGoldrick, said that the situation in Gaza remains extremely difficult with no real improvement in the delivery of life-saving humanitarian aid or support for vital healthcare in recent weeks – despite the recent commitments announced by Israel to enhance relief operations. McGoldrick emphasized that the situation is particularly dire in the north, highlighting that Israel’s measures led to the cancellation of the humanitarian missions to the north on Friday. (April, 12 2024) For more details, here
• UNRWA Commissioner-General Philippe Lazzarini said that the restrictions imposed by Israel on UNRWA’s access to the north, where famine is imminent, must be lifted. Lazzarini added that the increase in aid in Gaza is not yet tangible or sustained. (April 12, 2024) For more details, clickhere
• Pope Francis renewed his call for “an immediate ceasefire in the Gaza Strip”. He said: “May aid be allowed to reach the Palestinian people who are suffering greatly, and may the hostages taken in October be released!” I myself repeat ‘Enough!’ Pope Francis said, directing his words to “those who bear the grave responsibility of governing nations: Enough! Stop!“.(April 12, 2024) For more details, click here

Publications of human rights NGOs:

• The International Crisis Group issued a report titled “Ending Famine in Gaza” highlighting how the Israeli military campaign in the Gaza Strip has pushed many of its residents to the brink of death from starvation and disease. Only a prolonged ceasefire accompanied by a massive aid operation can improve the situation enough to avoid a horrific toll. (April 8, 2024) For more details, clickhere
• The Gaza-based International Commission to Support Palestinian Rights (Hashd), led by its chair Salah Abdel Ati, has initiated legal action against the Italian government. The lawsuit seeks to halt Italy’s involvement in the genocide war, end arms supplies to Israel, and resume funding for UNRWA. (April, 8, 2024). For more details, clock here
• The International Federation for Human Rights (FIDH) released a report titled “Israel’s Genocidal Practices and Occupation Threaten the Palestinian Right to Self-Determination Irreversibly”. In this regard, Yosra Frawes, Head of Middle East and North Africa desk at FIDH said “Israel clearly plans to keep a harsh grip over Gaza, and even if it allows the population back in the northern part of the Strip, it will most likely be under permanent occupation by settlers and the Israeli military.” (April, 8, 2024) For more details, click here
• The Foreign Press Association (FPA) expressed concern over Israel’s refusal to allow international journalists to enter any part of the Gaza Strip independently during the ongoing six-month war. They added that such unprecedented restriction raised questions about what Israel does not want international journalists to see, highlighting that Israel authorities have repeatedly rejected the FPA appeals for access, while granting a small number of opportunities for an even smaller number of media outlets to enter Gaza under military escort. The FPA stressed that the blanket ban has limited the world’s ability to witness the true cost of war. (April 8, 2024) For more detail, click here
• The Palestinian Center for Human Rights, Al Mezan Center for Human Rights, and Al-Haq issued a joint press statement condemning Israel’s deliberate targeting of the World Central Kitchen (WCK) team, and called on the international community to make real and effective efforts to ensure the delivery of food, medicine and drinking water to the Gaza population in a way that ensures the protection of their lives and dignity. They also reiterated that All countries must take concrete measures to deter Israel and stop the transfer of weapons to it. (April 8, 2024) For more details, clickhere
• Human Rights Watch stated that children in Gaza are dying from complications related to starvation since the Israeli government began using starvation as a weapon of war, which is a war crime. Human Rights Watch urged concerned governments to impose targeted sanctions and suspend arms supplies to pressure the Israeli government to ensure that the people of Gaza receive humanitarian aid and basic services. (April 9, 2024) For further details, click here
• Badil Center called for escalating solidarity movements with Palestine to force governments to stop their complicity with Israel’s war on Gaza. Badil said the goal should be to ensure that governments should have no choice but to heed public will, and take practical measures to achieve an immediate and unconditional ceasefire in the Gaza Strip. (April 9, 2024) For further details, clickhere
• The Palestinian Human Rights Organizations Council (PHROC) has warned that Palestinians in Gaza are currently experiencing catastrophic hunger, and are on the verge of a completely avoidable man-induced famine. The Council called on third states to release funding for UNRWA immediately and urgently and to take concrete steps to prevent genocide. (April 9, 2024) For more details, clickhere
• Gisha – Maslak (Legal Center for Freedom of Movement) stated that the Israeli authorities’ announcement of a supposed increase in the number of aid trucks entering Gaza was wrong and misleading, and that such an increase had not occurred in practice, clarifying that many trucks entering Gaza were half empty. Israel has evaded its legal obligations towards Palestinian civilians, including the obligation to ensure safe conditions for the distribution of aid. (April 11, 2024) For more details, clickhere
• Amnesty International Organization, along with other NGOs, has initiated a campaign in France to halt the transfer of weapons from Paris to Israel, including the submission of petitions to the Administrative Court in Paris. These legal endeavors seek to alter France’s policy concerning arms exports to Israel, given the potential dangers associated with employing such weaponry in flagrant violations of international law, war crimes, and even acts of genocide. (April 11, 2024) For more details, click here

Research and academic studies (in Arabic and English):

• A new article titled “Medical Lawfare: The Nakba and Israel’s Attacks on Palestinian Healthcare,” authored by Nicola Perugini and Neve Gordon, has been published in the Journal of Palestine Studies. This article sheds light on Israel’s systematic attacks on healthcare facilities in the Gaza Strip during its military assaults between 2008 and 2023. (April 9, 2024) For further details, click here

Opinion Pieces and features:

• Haaretz newspaper published an article by journalist Gideon Levy entitled “In Six Months in Gaza, Israel’s Worst-ever War Achieved Nothing but Death and Destruction”.(April 7, 2024) For further details, clickhere
• The Sunday Times published an article by Irish Foreign Minister Michael Martin titled “We Will Continue Our Battle to End Violence in Gaza”. (April 7, 2024) For further details, clickhere
• The Washington Post published a joint article by Jordanian King Abdullah II, French President Emmanuel Macron, and Egyptian President Abdel Fattah El-Sisi entitled “Leaders of Jordan, France and Egypt: Cease fire now in Gaza”. (April 8, 2024) For further details, clickhere andhere
• The Orient XXI newspaper published an article by researcher RAFAËLLE MAISON entitled “The United Nations: Anatomy of Genocide, Francesca Albanese’s report on the situation in Gaza”.(April 9, 2024) For further details, clickhere
• The Middle East Eye website published an article by researcher Hamid Dabashi entitled “War on Gaza: Who’s afraid of Francesca Albanese?”.(April 10, 2024) For further details, clickhere
• The Guardian published an article by correspondent Chris McGrail entitled “Thirty years ago the world failed to stop the Rwandan genocide. Now we fail Gaza”. (April 10, 2024) For further details, clickhere
• Mondoweiss published an opinion piece by Dina El-Muti titled “The Deir Yassin massacre reminds us — every Zionist accusation is a confession”.(April 10, 2024) For further details, click here
• The Guardian published an article by researcher Rashid Khalidi titled “A new abyss’: Gaza and the hundred years’ war on Palestine”. (April 11, 2024) For further details, click here
• Common Dreams published an article by surgeons Feroze Sidhwa and Mark Perlmutter titled “As Surgeons, We Have Never Seen Cruelty Like Israel’s Genocide in Gaza: We urge anyone who reads this to publicly oppose sending weapons to Israel as long as this onslaught continues”.(April 11, 2024) For further details, clickhere
• Al Jazeera published an article by researcher Eric Reinhardt titled “The solidarity of shared trauma: De-exceptionalising Gaza”. (April 11, 2024) For further details, click here
• Antipode Online published an article by Omar Jabary Salamanca, Punam Khosla and Natasha Aruri titled“It’s been 164 Days and a Long Century: Notes on Genocide, Solidarity, and Liberation”. (April 11, 2024) For further details, click here
• Mondoweiss published an opinion piece by Ramsey Telhami titled “I resigned from World Central Kitchen because it refused to tell the truth about the Israeli genocide in Gaza”. (April 11, 2024) For further details, click here

Human rights conferences and events:

• Foundation for Middle East Peace (FMEP) organized a webinar on former Biden administration officials who left their jobs over Gaza. The webinar included former officials from the US Department of Education as well as the US Department of State. The webinar examined the possibilities for changing course, as well as the personal risks, options, and costs of public protesting against the United States’ close embrace of Israel and its brutal war on Gaza. (April 12, 2024) For further details, here

Upcoming human rights opportunities and events:

• TWAILR – Third World Approaches to International Law Review has announced its intention to hold a panel discussion titled “Palestine, Race, and International Law” on April 15, 2024. The discussion will explore the intersection of race and international law through an analysis of three ongoing cases before the International Court of Justice: “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem”; “Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)”; and “Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany)”. The virtual panel discussion will take place on the Zoom platform at 10:00 PM GMT (London time). For more details and registration click here
• The Le Carré – Paris Research Center for Humanities and Social Sciences is hosting an upcoming event titled “The Legal Versus the Arbitrary: The Role of Law in the Palestinian Struggle for National Liberation. Session 2: NGO Actions in Western National Jurisdictions.” Featured speakers include Layla Kattermann from the European Legal Support Center, Faisal Bhabha from the Legal Center for Palestine in Canada, Maria LaHood from the Center for Constitutional Rights, with Tamara Kharroub from the Arab Center DC moderating the session. The event is scheduled for Monday, April 15, from 5:00 PM to 7:00 PM Paris time and will be conducted in English via an online platform. For more details and registration click here
• The Arab Renaissance for Democracy and Development (ARDD) is organizing an upcoming event featuring Francesca Albanese, the UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories since 1967. Ms. Albanese will discuss her latest report, “Anatomy of a Genocide,” presented to the UN Human Rights Council. The event is scheduled to take place in Amman on Tuesday, April 16, 2024, from 5:00 PM to 7:00 PM (Amman time) and will be live-streamed on ARDD’s Facebook page. For more details click here