PALESTINE’S LEGAL SCENE –Issue.227

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

5 – 11 May 2024

Issued every Sunday by Law for Palestine

Prepared by: Razwan Issa, Nour Kharouf, Joman Al Khateeb, Arwa Abdel Moniam

Translation: Sabrin Alsheikh Ahmed 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)  strongly condemns the actions of extremist settler militias for attacking a Jordanian aid convoy headed to the Gaza Strip again, amidst the genocide being committed by the Israeli occupying forces. It called on the international community to urgently act to stop Israeli aggression against the Palestinian people, to stop settler violations, and to provide sustainable humanitarian corridors for aid delivery. (May 7, 2024).
• The Palestinian MOFAE welcomes the decision of the Bahamas to recognize the State of Palestine, considering it an important decision in line with the legitimate rights of the Palestinian people. The Ministry also welcomed the positions of the Caribbean countries and their efforts towards achieving justice and freedom for the Palestinian people, as all these countries now recognize the State of Palestine and work towards establishing diplomatic relations with it. The Ministry called on the remaining countries that have not yet recognized the State of Palestine to join the Caribbean states. (May 8, 2024).

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

• National Security Minister Itamar Ben-Gvir says that the only response to Hamas is “an immediate order to conquer Rafah, increase military pressure, and continue to crush Hamas until it is utterly defeated.” (May 6, 2024).
• Israeli Finance Minister Bezalel Smotrich calls for intensified pressure on Hamas, rejecting talks without accompanying military action. He emphasizes the need to persist until victory, likening the conflict to Israel’s war of independence. Smotrich advocates for full occupation of Rafah, destroying Hamas’ underground infrastructure, and gaining control over the Philadelphi Route along Gaza’s border with Egypt. (May 7, 2024).
• Israeli Defense Minister Yoav Gallant declared his support for establishing a large new city east of Ariel settlement, “the capital of Samaria”, with the goal of further connecting the area to the center of Israel. The statement came as Gallant inaugurated an expansion of a security checkpoint on Route 5, a major traffic artery connecting central Israel with northern Samaria and the Jordan Valley. (May 7, 2024).
• The official spokesman for the Israeli occupation army, Avichay Adraee, called on the Palestinians in Rafah to evacuate the eastern areas of the city of Rafah and move to Khan Yunis and al-Mawasi in order for the army to continue its military operations in the region. He announced plans to distribute leaflets, send SMS messages and make phone calls to ensure the message reaches the residents. The evacuation orders included areas such as Al-Shaboura camp, Rafah camp, Al-Jeneina neighborhood, and Khirbet Al-Adas. He also announced a new military operation that would target Jabalia Camp, Beit Lahia project, and Tal al-Zaatar in the northern Gaza Strip, calling on residents and displaced people to head to western Gaza. (May 11, 2023).
• The Israeli Supreme Court has decided to overturn the eviction orders issued against three Palestinian families from the Sheikh Jarrah neighborhood in occupied Jerusalem. The Court granted the appeals filed against the rulings of both the Magistrate’s Court and the Central Court and is based on a legal precedent set in 2023, which banned the eviction of four other Palestinian families. (May 10, 2024).

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

• The European Union’s foreign policy chief, Josep Borrell, said that, “The much-feared scenario has come true: there’s a full-blown famine in the north of Gaza, moving to the south” according to the World Food Programme (WFP). Borrell called for the immediate and full implementation of UN Security Council Resolution 2728 and stressed the urgent need for a ceasefire. He pointed out that Israel’s orders to evacuate civilians in Rafah portend further wars and famine, deeming the situation unacceptable, and urging Israel to abandon the ground attack on Rafah. Borrell called on the European Union and the international community to act to prevent such scenario. (May 6, 2024).
• The Saudi Ministry of Foreign Affairs warned against the dangers of the Israeli occupation forces targeting the city of Rafah as part of its deadly, systematic campaign to storm all areas of the Gaza Strip and displace its residents into the unknown. The Ministry affirmed Saudi Arabia’s categorical rejection of the occupation forces continuing their blatant violations of all international resolutions, urging the immediate cessation of these massacres and the adherence to international law. It renewed its call on the international community to intervene immediately to stop genocide operations (May 6, 2024).
• Norwegian Minister for Foreign Affairs, Espen Barth Eide, stressed that, “Gaza is a man-made disaster. Words cannot describe the suffering and hardship its 2.3 million inhabitants have endured over the past seven months.” He called on both Hamas and Israel to do more to establish a ceasefire in Gaza. He also emphasized that Israel must refrain from a military operation against Rafah, noting that any operation against Rafah would be a tragedy for the population. (May 6, 2024).
• UN Secretary-General António Guterres stated that an assault on Rafah would be a strategic mistake, a political calamity and a humanitarian nightmare. He appealed to all those with influence over Israel to do everything in their power to help avert even more tragedy. He further said that the current moment is decisive for the Palestinians and Israelis and for the fate of the entire region. Guterres reiterated his pressing call to both the Government of Israel and the leadership of Hamas to go the extra mile needed to make an agreement come true and stop the present suffering. The President of the United Nations (UN) General Assembly, Dennis Francis, stressed that nothing justifies the “inconsiderate operation” on the eastern part of Rafah. (May 6-7, 2024).
• The World Health Organization (WHO) has confirmed that Israel’s orders for the evacuation of 100,000 people from East Rafah is a looming threat and will exacerbate suffering of people already living in precarious conditions, and a full military incursion into Rafah will plunge the crisis into unprecedented levels of humanitarian need. The WHO emphasized that a ceasefire is urgently needed for the sake of humanity. In the same context, the UN International Organization for Migration (IOM) expressed its deep concern about another forced displacement of already displaced people by escalating hostilities in Rafah, stressing that people are left with nowhere safe to seek refuge. (May 6, 2024).
• UN High Commissioner for Human Rights, Volker Türk, warned that civilian deaths, suffering, and destruction were set to increase beyond already unbearable levels following Israel’s orders to Palestinians to evacuate parts of Rafah ahead of an anticipated new offensive. Türk said: “This is inhumane. It runs contrary to the basic principles of international humanitarian and human rights laws, which have the effective protection of civilians as their overriding concern.” He emphasized the necessity of a ceasefire, the unrestricted flow of humanitarian aid at scale, and the immediate release of hostages and those arbitrarily detained. (May 6, 2024).
• Lebanese Prime Minister Najib Mikati said, “Hamas’s announcement of its approval of a ceasefire in Gaza is considered a firm step towards stopping the Israeli aggression against the Palestinian people and addressing its repercussions.” He further stressed that what is required more than ever is to exert international pressure on Israel to accept the proposed solution in preparation for moving towards a lasting resolution, the basis of which is giving the Palestinians their rights, their land and their state. (May 6, 2024).
• The Jordanian Ministry of Foreign Affairs and the Egyptian Ministry of Foreign Affairs condemned Israel’s occupation of the Palestinian side of the Rafah crossing. They criticized Israel for preventing the delivery of humanitarian aid to Gaza residents, who are suffering an unprecedented humanitarian catastrophe. The Ministries renewed their call to the international community to fulfill its responsibilities to immediately halt the fire on Gaza, stop Israeli violations, and hold those responsible accountable. Oman also warned of the danger of planned military operations in the city of Rafah and appealed to the international community for immediate intervention to stop the genocide. (May 7, 2024).
• New Zealand Foreign Minister Winston Peters called on both Israel and Hamas to agree to an immediate ceasefire to avoid the further humanitarian catastrophe that military action in Rafah would unleash. He added that, “The immense suffering in Gaza cannot be allowed to worsen further,” stressing that a military incursion into Rafah would be utterly unacceptable. He highlighted that his country’s government continues to advocate for a long-term, political solution to the situation. (May 7, 2024).
• The Arab Parliament, within the framework of the League of Arab States, condemned the Israeli occupation’s attack on the city of Rafah and its control over the Palestinian side of the Rafah crossing, affirming that it is a dangerous escalation undermining efforts to reach a ceasefire and to stop the bloodshed of Palestinian civilians. The Parliament called on the international community and free nations to exert more pressure on the Israeli occupation forces, compelling them to reach a sustainable truce and an immediate and permanent ceasefire. (May 7, 2024).
• The UN aid agencies expressed grave concern over the continued closure of the two main crossings leading to the Gaza Strip. A spokesperson for the UN Office for the Coordination of Humanitarian Affairs (OCHA) said, “We currently do not have any physical presence at the Rafah crossing, as our access to go to that area for coordination purposes has been denied by COGAT (the Coordination of Government Activities in the Territories). So that means that the two main arteries for getting aid into Gaza are currently choked off.” UN humanitarians estimate that the enclave has only a one-day buffer of fuel stocks. The Under-Secretary-General for Humanitarian Affairs, Martin Griffiths said that civilians must be protected and have their basic needs met, whether they move or stay – and those who evacuate must have enough time to do so, as well as a safe route and safe place to go. He stressed that the UN remains committed to providing aid to people regardless of where they are.(May 7, 2024).
• The Irish Foreign Minister Micheál Martin said it is completely unacceptable that Israel has taken over Rafah crossing. He added that Gaza is on the grip of famine & the crossing is now closed to vital humanitarian aid, emphasizing the urgent need for an immediate ceasefire and the release of hostages. (May 7, 2024).
• Jordan’s Deputy Prime Minister and Foreign Minister Ayman Safadi held talks with US Secretary of State Antony Blinken focusing on urgent efforts to address the escalating humanitarian crisis in Gaza and the recent Israeli attack on Rafah. Blinken condemned the violence carried out by Israeli extremists with the aim of obstructing the delivery of humanitarian aid to Gaza (May 8, 2024).
• The Director of the World Health Organization in Gaza, Dr. Ahmed Daher, said that the situation in Rafah has now reached an unprecedented emergency level, pointing to the increasing numbers of displaced people towards the al-Mawasi area, located to the west of Rafah and along the Gaza coast on the Mediterranean Sea. Daher renewed the organization’s call to ensure the protection of hospitals and health workers (May 8, 2024).
• The Malaysian, Tunisian and Iraqi Foreign Ministry said that the attack on Rafah confirms the occupation’s determination to continue the genocide against the besieged Palestinains, and they called on the international community to redouble its efforts to pressure the occupation to cease its blatant criminal acts. (May 8, 2024).
• Matthew Hollingworth, the country director of the WFP in Palestine, said that “Our main warehouse is now inaccessible. No aid has entered from southern crossings in 2 days. Thousands of people are on the move. Only 1 bakery is still working. Supplies of food & fuel in Gaza will only last 1-3 days. Without them, our operations will go into a standstill.” (May 9, 2024).
• The Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA), Philippe Lazzarini, announced in a statement that Israeli residents set fire twice within the perimeter of UNRWA Headquarters, occupied East Jerusalem. This took place while UNRWA and other UN Agencies’ staff were on the compound. He called on all those who have influence to put an end to these attacks and hold all those responsible accountable. In response to this incident, UNRWA decided to temporarily close the headquarters. (May 9, 2024).
• The Organization of Islamic Cooperation (OIC) strongly condemned the barbaric attack carried out by Israeli extremist settler groups against the headquarters of the UNRWA in occupied Jerusalem. The OIC considered this to be an extension of organized terrorism and ongoing Israeli crimes committed by the Israeli occupation forces and extremist settlers in the occupied Palestinian territory. It called on the international community, especially the UN Security Council, to assume its responsibilities in halting these crimes and repeated violations. (May 9, 2024).
• The Jordanian Ministry of Foreign Affairs and Expatriates condemned Israeli extremists for setting fire to the area around UNRWA’s headquarters in occupied Jerusalem. The Ministry issued a warning against further attacks on the agency’s premises. These attacks are considered a flagrant violation of international law. It underscored the gravity of the situation, viewing it as a perilous escalation indicative of Israel’s targeted efforts against the agency and its humanitarian activities. (May 10, 2024)
• Foreign Secretary David Cameron described Britain’s system and scale of arms exports to Israel as completely different from those in the United States, saying the sales it licenses were relatively small and policed by strict procedures. He indicated that, “the U.S. is a massive state supplier of weapons to Israel … we do not have a UK Government supply of weapons to Israel, we have a number of licenses, and I think our defense exports to Israel are responsible for significantly less than 1% of their total.” (May 9, 2024).
• A State Department report on Israel’s military conduct in the Gaza Strip said it was “reasonable to assess” that US-provided weapons have been used in violation of international humanitarian law but that there was not sufficient evidence to support withholding military assistance. The US State Department said the lack of complete information provided by Israel prevented the department from verifying whether US weapons were “specifically used” in the alleged violations. (May 10, 2024).
• Several UN agencies appealed for a ceasefire as “the only hope” to avert further bloodshed and restore desperately needed aid deliveries. This plea comes as the Israeli military operation continues in the city of Rafah, prompting hospitals to evacuate patients and staff. Georgios Petropoulos, Head of the Sub-office of the OCHA in Gaza, speaking from Rafah, said that: “the situation had reached even more unprecedented levels of emergency, following the Israeli military operation in Rafah.” (May 10, 2024).
• Members of the UN Security Council expressed their deep concern over reports of the discovery of mass graves, in and around the Nasser and Al Shifa medical facilities in Gaza. The council members emphasized the need for accountability for violations of international law and called for investigators to be allowed unhindered access to all mass grave sites in Gaza to conduct immediate, independent, thorough, comprehensive, transparent and impartial investigations to establish the circumstances behind the graves. (May 10, 2024).
• South Africa has urgently requested the International Court of Justice (ICJ) to issue further provisional measures on the prevention and punishment of the crime of genocide in Gaza. South Africa requested the Court to order Israel to withdraw from and cease its military offensive in Rafah, take effective measures to ensure and facilitate the unimpeded access to Gaza for United Nations and other officials engaged in the provision of humanitarian aid and assistance, fact-finding missions, internationally mandated bodies or officials, investigators, and journalists, and to provide a report within a week on the extent of compliance with the Court’s provisional measures. (May 10, 2024).
• Libya officially announced that it will intervene in the case brought by South Africa against Israel at the ICJ, alleging genocide against Palestinians in the Gaza Strip. Libya cited Article 63 of the Court’s Statute to support its request, emphasizing Israel’s targeting of Palestinians based on nationality and ethnicity. (May 10, 2024).
• More than 40 independent UN experts expressed utter dismay over statements made by United States and Israeli officials threatening to retaliate against the International Criminal Court (ICC), its officials, and members of their families. “Threats of retaliatory action violate human rights norms against attacks on justice personnel and exceed the accepted limits of freedom of expression. We call on all States to respect the Court’s independence as a judicial institution and protect the independence and impartiality of those who work within the Court.” (May 10, 2024).
• The UN General Assembly adopted a resolution affirming the eligibility of the State of Palestine to full membership in the UN. The resolution asserted that Palestine is qualified for UN membership in accordance with Article 4 of the UN Charter and should be admitted to the UN. The resolution recommended that the Security Council reconsider this matter favorably after it had previously been negatively voted on due to the US veto. The resolution, on an exceptional basis, stipulates several ways regarding Palestine’s participation in the work of the General Assembly and international conferences held under its auspices, reaffirms the Palestinian people’s right to self-determination, and calls on the international community to make renewed and coordinated efforts to end the Israeli occupation. The resolution was supported by 143 countries, with 25 abstentions, and 9 countries voting against it. (May 10, 2024).
• The League of Arab States, the Ministry of Foreign Affairs of Lebanon, Bahrain, Jordan, Iraq, Tunisia, Yemen, Poland, and Australia collectively welcomed the UN General Assembly’s adoption of a resolution by an overwhelming majority, which recommends Palestine’s membership in the UN. (May 10-11, 2024).
• The head of the UN OCHA, Georgios Petropoulos, said that the humanitarian situation in the Gaza Strip is deteriorating due to the closure or unsafety of the crossings. He added that the food supplies allocated for distribution in southern Gaza by the WFP and UNRWA will be exhausted tomorrow, calling for immediate entry for aid and fuel. (May 11, 2024).

Publications of human rights NGOs

• Save the Children said: “Time had run out to protect children in Rafah with the looming ground assault forcing hundreds of thousands to flee and impeding aid efforts in Gaza’s ‘last refuge’.” Gemma Sherrington, Interim CEO at Save the Children UK, said: “The UK must do everything in its power to stop the incursion from happening, including suspending arms sales to Israel, and demanding an immediate and definitive ceasefire.” (May 6, 2024)
• Jan Egeland, Secretary General of the Norwegian Refugee Council (NRC), warned that Israel’s military offensive in Rafah could lead to potential mass atrocities. He emphasized the responsibility of Israel’s allies to ensure respect for the fundamental principles of international humanitarian law. They must agree to an immediate and lasting ceasefire as the only way to save lives, release hostages, and ensure sufficient aid reaches people across Gaza.” (May 6, 2024)
• The Gisha Center – Maslak said that the Israeli authorities’ announcement of the evacuation of civilians from eastern Rafah indicates that the Israeli authorities do not have a credible plan to protect civilians, and that there are no actual safe areas to go to. It also means that there is no way to meet the humanitarian needs in these areas, thus, it makes the evacuation unlawful. The Center stressed that the only way to prevent further atrocities is to agree on a ceasefire now. (May 6, 2024)
• Al-Haq center, Al Mezan Center for Human Rights, and the Palestinian Centre for Human Rights sent an open letter urging the International Community to intervene immediately to stop Israel’s attack on Rafah in Gaza. They called on organizations to put international pressure to return displaced Palestinians to their homes and to ensure the urgent, unhindered provision of basic services and humanitarian aid. (May 6, 2024)
• Amnesty International called on the Israeli army to guarantee the safety of civilians as ground operation gets underway in eastern Rafah. Erika Guevara-Rosas, Amnesty International’s Senior Director of Research, Advocacy, Policy and Campaigns said, “All states must pressure Israel to immediately halt its ground operations in Rafah and ensure unfettered access for humanitarian aid in line with their obligations to prevent genocide as reiterated by the ICJ on 28 March 2024. (May 7, 2024)
• Hamleh – The Arab Center for the Advancement of Social Media strongly condemns the Israeli government’s unanimous decision to ban Al- Jazeera’s news channel, close the network’s local offices, confiscate all its equipment and block access to its online platforms through Internet service providers. It added that this decision constitutes a severe violation of fundamental human rights, and press freedom. (May 7, 2024)
• Human Rights Watch (HRW) said Israel is violating legally binding orders of the ICJ by obstructing the entry of life-saving aid and services into Gaza. It added that the Israeli authorities must urgently open additional ground crossings, lift the ban on vital relief supplies, provide written explanations for any rejections, and allow agencies to appeal rejection decisions. In a different statement, the organization said that the Israeli security forces illegally used lethal force in shooting operations that killed Palestinians in the West Bank, based on documentation of several cases. This included the deliberate execution of Palestinians who did not pose any supposed threat to security. HRW further emphasized the Israeli government’s failure to hold those responsible to account. (May 7-8, 2024)
• Human Rights Watch published a question-and-answer document which addresses the international legal framework applicable to violence and the use of force in the West Bank. The document focuses on the international law governing the hostilities between Israeli forces and Palestinian armed groups in Gaza following the October 7 Hamas-led attacks on Israel (May 8, 2024).
• European Coordination of Committees and Associations for Palestine (ECCP) demands that the EU protects Palestinian civilians, especially health workers and medical staff and uses all the tools it has at its disposal, including military and economic sanctions on Israel, and the suspension of the EU-Israel Association Agreement for grave violations of Article 2, and in line with ICJ-mandated provisional measures. (May 8, 2024)
• Doctors Without Borders called for an immediate and lasting ceasefire to avoid casualties and end destruction, as the attack on Rafah intensifies. The organization said, “Closure of the Rafah border crossing will have a devastating impact on the humanitarian response for people trapped amidst the fighting.” The organization called for the immediate opening of the Rafah crossing. (May 9, 2024)
• Human Rights Watch said that Germany’s government needs to explain publicly if it has imposed a Schengen-wide entry ban on a prominent British-Palestinian surgeon and academic, Dr. Ghassan Abu Sittah, and, if so, the reasons why. Dr. Abu Sittah has in recent weeks been denied entry to Germany and France. On May 9, 2024, Human Rights Watch wrote to the German government asking for an explanation of how its actions are consistent with Germany’s international and domestic obligations to protect and facilitate freedom of expression and assembly and nondiscrimination. Human Rights Watch has not received a response. This call was conveyed through a letter sent by Human Rights Watch to both German Interior Minister Nancy Vizer and German Foreign Minister Annalena Baerbock.  (May 10, 2024)
• CNN has released a report showcasing photographs of Palestinian detainees with blindfolds and restraints. A putrid stench filled the air and the room hummed with the men’s murmurs, the Israeli who was at the facility told CNN. Forbidden from speaking to each other, the detainees mumbled to themselves. (May 11, 2024)

Opinion Pieces and features

• Opinio Juris Blog published an article by Nimer Sultany, entitled: “On the Refusal to Call a Spade a Spade” (May 7, 2024). 

Legal Achievements/Impacts for Palestine

• The Bahamas Ministry of Foreign Affairs declared its Cabinet’s decision to officially recognize Palestine as a state. The Ministry stated: “The Government of the Bahamas believes that the recognition of the State of Palestine strongly demonstrates commitment to the principles espoused in the Charter of the UN and to the right of self-determination of peoples as articulated in the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (May 8, 2024)
• Trinity College Dublin has agreed to divest from Israeli firms after student protest. According to a university statement, senior management reached an agreement with the protesters. The statement from the university reads, “Trinity will complete a divestment from investments in Israeli companies that have activities in the Occupied Palestinian Territory and appear on the UN blacklist.” (May 8, 2024)
• The “Vrije Universiteit Brussel” (VUB) declared the cessation of its collaboration with two Israeli institutions in an artificial intelligence research project. The university expressed its intention to enhance transparency regarding its ongoing partnerships with Israeli entities amidst the “unacceptable escalation of conflict in the Middle East.” VUB clarified that it does not engage in bilateral cooperation with Israel and remains committed to maintaining its collaborations with Palestinian institutions. (May 8, 2024)
• In response to the movement of its students, Barcelona State University severed its academic ties with Israel after the university Senate approved the proposal in support of Palestine by a majority of 59 votes. University President Joan Guaría stated: “The University of Barcelona cannot remain indifferent to what is happening in Palestine.. We will not be complicit in any violation of human rights” (May 8, 2024)

Upcoming human rights opportunities and events

• A symposium titled “Unbreakable Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles” invites contributions from scholars, activists, and artists exploring the significance of Palestinian liberation for African communities. Organized by Mohsen al Attar, Nciko wa Nciko, and Opinio Juris, the event seeks to address shared histories of oppression and resistance. Submissions are open until May 2024, with the symposium scheduled for July 2024. (May 7, 2024)
• The Human Rights Law Center has announced an event titled “The Israel-Palestine Conflict: Recent Developments at the ICJ” scheduled for May 15, 2024, from 14:30 to 18:00 BST. The event will delve into recent developments at the ICJ regarding the ongoing conflict, including South Africa’s actions under the 1948 Genocide Convention, UN General Assembly’s advisory opinion procedures, and Nicaragua’s actions against Germany for supporting Israel in Gaza. Ms. Yasmine Ahmed, UK Director of Human Rights Watch, will deliver a keynote speech. The event will be held both in-person at the University of Nottingham and broadcast online.
• The London School of Economics and Political Science (LSE) is hosting a symposium titled “Palestine: The Arms Industry and its Discontents” on May 13, from 4 to 6 pm at LSE Lecture Theatre, CBG. This interdisciplinary discussion will delve into the operations of the arms industry within the context of capital, colonialism, and legal and political frameworks. The event will be available both in-person and via Zoom.