PALESTINE’S LEGAL SCENE –Issue.231

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

2-8 June 2024

Issued every Sunday by Law for Palestine

Prepared by: Razwan Issa, Nour Kharouf, Arwa Abdel Moniam

Translation: Asma Louzon and Mays Abu Atwan

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 International Court of Justice (ICJ) informed that the State of Palestine has officially submitted a request to intervene in the case filed by South Africa against Israel for violating the Convention on the Prevention and Punishment of the Crime of Genocide. Palestine also deposited a declaration with the court, accepting with immediate effect the competence of the ICJ for the settlement of all disputes related to the Genocide Convention to Palestine. The State of Palestine called upon all states parties to the Genocide Convention to join the proceedings initiated by South Africa, to protect the Palestinian people from the crime of genocide, and to ensure that this heinous crime is not committed in the future. (June 3, 2024)
• The Commission of Detainees and Ex-Detainees Affairs condemned the harsh treatment of female prisoners in “Damon” prison, highlighting the severe conditions they endure due to systematic physical and psychological abuse, such as beatings, hand and leg restraints, and brutal blindfolding. The Commission called on international human rights and humanitarian organizations to fulfill their duty to save the lives of these female prisoners. (June 5, 2024)
• The Palestinian Ministry of Foreign Affairs and Expatriates (MOFAE) condemned in the strongest terms the provocative “Flag March,” which is supervised and supported by the Israeli government. The ministry also condemned the transformation of the occupied city of Jerusalem into a military barracks during the march and the assaults on Palestinian citizens, their property, and journalists. It stressed that the annual organization of this march is conclusive evidence for the international community that Jerusalem is usurped. The ministry called for urgent international intervention to put an end to the terrorism of the occupying state. (June 7, 2024)

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

• Israeli Prime Minister Benjamin Netanyahu said that his government is “… working in countless ways to return our hostages… Therefore, we have gone a long way to return them while adhering to the objectives of the war, first and foremost, the elimination of Hamas… It is not something that I have added because of coalition pressure. This is something that we agreed on in the War Cabinet unanimously.”  (June 3, 2024)
• Israeli National Security Minister Itamar Ben-Gvir said that US President Joe Biden presented a deal on behalf of Israel that amounted to surrender without achieving the main goal of destroying Hamas. Ben-Gvir said that when he asked to see a draft of the agreement, he was twice refused by the prime minister’s aides. Ben-Gvir warned that if the government signed such a deal, his party will dissolve the government.. (June 3, 2024)
• Israeli security officials have warned that Finance Minister Bezalel Smotrich is pursuing a clear and deliberate policy aimed at dismantling the Palestinian Authority (PA). They assert that his actions could lead to a significant escalation of violence in the West Bank. The officials believe that the current policy of economic deterioration and restrictive measures, including the cessation of fund transfers to the PA, the prohibition of West Bank workers from employment in Israel, and the reduction of trade activities, is exacerbating tensions. In response to these criticisms, Minister Smotrich defended his approach, stating that his policies represent a departure from previous strategies. He argued that bolstering the PA poses a threat to Israel’s security.(June 4, 2024)
• The Israeli Embassy in France condemned the decision to honor Palestinian journalist Moataz Azaizeh with the “Normandy” Freedom Prize, arguing that this recognition effectively endorses terrorism. According to the embassy, Azaizeh has been instrumental in disseminating content on social media that is both anti-Israel and anti-Semitic. The embassy has urged the organizers of the Freedom Prize to reassess their decision and revoke both the moral and financial components of the award, citing Azaizeh’s alleged support for Hamas. This statement reflects ongoing tensions and differing perspectives regarding the implications of awarding the prize to Azaizeh.
• Israeli Minister of National Security Itamar Ben Gvir delivered a message at Nablus Gate (Damascus Gate) in Jerusalem, stating that he came to deliver a message to Hamas and every home in Gaza and the north. He declared: “Jerusalem, the gateway to Nablus and the Temple Mount (Al-Aqsa Mosque) belong to us. Jerusalem is ours.” He added, “We appeal to the Prime Minister to be strong. We do not surrender.” He also indicated that his policy ensures that Jews can freely enter the Old City of Jerusalem and pray on the Temple Mount (Al-Aqsa Mosque). (June 5, 2024)
• Israel’s ambassador to the United Nations, Gilad Erdan, said that he received the official notification about the UN Secretary-General’s decision to put the IDF on the “blacklist” of countries and organizations that violate the rights and protection of children. Erdan considered this decision “simply outrageous and wrong.” He added, “The only one being blacklisted is the Secretary-General who incentivizes and encourages terrorism and is motivated by hatred towards Israel. The Secretary-General should be ashamed of himself!” Israeli Prime Minister Benjamin Netanyahu stressed that this decision placed the United Nations on “history’s black list when it adopted the absurd claims of Hamas,” stressing that the IDF is considered “the most moral military in the world.” (June 7, 2024)

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

• Qatar and the Arab Parliament denounced the Israeli occupation forces’ attempts to undermine the efforts of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) by classifying it as a terrorist organization and lifting the immunity of its employees who are carrying out their humanitarian role in alleviating the human tragedy suffered by the Palestinian people due to the serious Israeli violations (June 2, 2024)
• The Republic of Maldives has decided to impose a ban on Israeli passport holders to prevent their entry into the country. In addition, the Maldives will launch a fundraising campaign to assist UNRWA and organize a nationwide rally under the slogan “Falastheenaa Eku Dhivehin,” which translates to “Maldivians in Solidarity with Palestine” to demonstrate their support (June 2, 2024)
• The foreign ministers of Qatar, Saudi Arabia, Jordan, the UAE, and Egypt held a virtual meeting to discuss the progress of the mediation efforts being led by Qatar, Egypt, and the United States to negotiate a prisoner swap deal that could pave the way for a lasting ceasefire. The ministers stressed the importance of engaging seriously and constructively with the proposal put forward by the US President on this matter. In a related development, the Secretary-General of the OIC underscored the critical need for the success of the initiatives aimed at bringing an end to the ongoing Israeli military aggression against the Gaza Strip, including President Biden’s proposal. He reaffirmed the organization’s firm stance, which calls for an immediate, and permanent halt to Israel’s bombardment of Gaza. (June 3/4, 2024)
• Andrea De Domenico, head of the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) in the occupied Palestinian territory, outlined the dire living conditions in Gaza where over one million people have fled the southern city of Rafah following the step-up in Israeli military operations. He pointed out that humanitarian efforts have been deliberately impeded, with severe restrictions on the delivery of aid amidst pressing security challenges. He added that the narrowing space left for civilians is becoming increasingly limited and crowded, while dire living conditions are eroding the social fabric there. (June 3, 2024)
• OCHA reported that the security situation and humanitarian access constraints continue to undermine the safe delivery of life-saving humanitarian assistance throughout Gaza, exacerbating the needs of hundreds of thousands of people. With hostilities escalating in both northern and southern Gaza, particularly in Rafah, the UN said the last functioning hospital in Rafah – the Emirati Crescent – is now closed. This means Rafah effectively has no working health facilities, with only one partially operating field hospital that is currently unreachable due to the surrounding clashes. (June 3,2024)
• All States must follow the example of 146 United Nations Member States and recognise the State of Palestine and use all political and diplomatic resources at their disposal to bring about an immediate ceasefire in Gaza, UN experts said. “This recognition is an important acknowledgement of the rights of the Palestinian people and their struggles and suffering towards freedom and independence,” the experts said. They insisted that Palestine must be able to enjoy full self-determination, including the ability to exist, determine Palestinian destiny and develop freely as a people with safety and security. The UN experts said the move by the Prosecutor of the International Criminal Court (ICC) to seek arrest warrants against the Israeli Prime Minister, Minister of Defense and top Hamas leaders on suspicions of war crimes and crimes against humanity was a promise of accountability and an end to impunity in the occupied Palestinian territory. (June 3, 2024)
• The UNRWA agency stated that families and children walk long distances in the heat for water as fuel shortages shut down desalination plants in the battered Gaza Strip. It added that Palestinian people in Gaza do not find enough water and survival is a struggle. “People need water to live. Israeli authorities must provide access now,” UNRWA said. (June 4, 2024)
• On the International Day of Innocent Children Victims of Aggression, Turkish President Recep Tayyip Erdogan expressed sorrow over the brutal killing of more than 15,000 children in Gaza since October 7th. He said the world has failed this test, calling on the United Nations, which established this special day, to take concrete steps against the massacre of innocent children in Gaza. He also urged countries to take a clear stance against Israel’s uncontrolled brutality. (June 4, 2024)
• UN Human Rights Chief Volker Türk issued a call for an end to the sharp rise in deadly violence in the occupied West Bank since 7 October, and urged accountability for the killing of over 500 Palestinians by Israeli occupation forces and settlers. He stressed that Israel must adopt and enforce rules of engagement that are fully in line with applicable human rights norms and standards. Any allegation of unlawful killings must be thoroughly and independently investigated and those responsible held to account. He also pointed out that pervasive impunity has created an enabling environment for more and more unlawful killings. (June 4, 2024)
• The European Union’s Special Representative for the Middle East Peace Process, Sven Koopmans, stated that the EU is considering imposing further sanctions on Israeli settlers, emphasizing that all settlements are illegal and constitute an obstacle to peace and the two-state solution. He explained that the EU has already imposed sanctions on four settlers and two settler organizations, announcing that this is the first step in efforts to stop the escalating violence by settlers. (June 4, 2024)
• After the positive vote by the majority by Parliament, the Slovenian Prime Minister Robert Gulop announced that his country officially recognized the State of Palestine. He said that with the recognition of Palestine as a sovereign and independent country, we send hope to the Palestinian people in the West Bank and Gaza Strip. (4 June 2024)
• The United States House of Representatives has passed a bill advocating for sanctions against the International Criminal Court (ICC) following a request by the court’s chief prosecutor, Karim Khan, for arrest warrants against Israeli officials. The bill proposes property and visa sanctions against “any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies.” (June 4, 2024)
• United Nations Coordinator for the Middle East Peace Process Tor Wennesland called the scenes of destruction and suffering in the battered Gaza Strip “heart-wrenching” and stressed that urgent action is needed to alleviate the humanitarian crisis facing the Gaza Strip. “What I saw in Gaza is a stark reminder of the human cost of conflict,” Wennesland said. He further urged all parties to reach an agreement immediately to achieve a cease-fire and return the hostages (June 4, 2024)
• The Secretary-General of the Arab League, Ahmed Aboul Gheit, and the Foreign Minister of Cyprus Constantinos Combos, stressed that the aid entering Gaza by sea cannot replace the essential land crossings, which represent natural channels to provide support and assistance to the civilian population in the Strip. They also stressed the importance of the occupation forces allowing the entry of aid through a sustainable mechanism. (June 5, 2024)
• The United Nations Children’s Fund (UNICEF) has reported that nine out of ten children in the Gaza Strip are unable to obtain the essential nutrients from food groups necessary for their healthy growth and development. UNICEF attributed this crisis to the ongoing conflict and the restrictions imposed on humanitarian aid, which have precipitated the collapse of the region’s food and health systems. This collapse has had catastrophic consequences for children and their families, highlighting the urgent need for intervention to address the severe nutritional deficiencies and broader humanitarian challenges faced by the population.
• The Organization of Islamic Cooperation (OIC) strongly condemned the Israeli occupation forces’ blatant storming of the blessed Al -Aqsa Mosque and the permission granted to extremist settler groups to stage a provocative march through the old neighborhoods of the occupied city of Jerusalem. Jordan and Saudi Arabia also condemned the same thing. (June 5, 2024)
• OCHA has stated that attacks on aid workers and associated assets and facilities constitute a violation of international humanitarian law. OCHA emphasized that humanitarian workers must be granted unhindered access and be able to safely deliver assistance to those in need, regardless of their location. The statement underscores the importance of protecting humanitarian efforts and ensuring the safety and security of those involved in providing critical aid.
• The Jordanian Ministry of Foreign Affairs and Expatriates firmly condemned Israel’s continued and systematic bombing of shelter centers for displaced Palestinians in Gaza, including United Nations facilities, which represent a blatant violation of the rules of international law and international humanitarian law. It further called on the international community to assume its responsibility, deter Israel from committing more crimes against civilians, and stop its senseless war on Gaza (June 6, 2024) here / here
• Spanish Foreign Minister Jose Manuel Albares announced that his country will join South Africa in its lawsuit against the Israeli entity before the ICJ. Albarez said in a press conference that Spain took this decision out of commitment to international law, to support the work of the court, to avoid more civilian deaths, and for the sake of peace (June 6, 2024)
• UNRWA Commissioner-General Philippe Lazzarini reported that an UNRWA school converted into a shelter in Nuseirat was subjected to an attack by Israeli forces, resulting in at least 35 fatalities and numerous injuries. The facility, which provided refuge for 6,000 displaced individuals, was bombed without prior warning. Lazzarini emphasized that such actions constitute a breach of international humanitarian law and underscored the necessity of protecting UNRWA personnel, facilities, and operations. He reiterated that the provision of facility coordinates to all relevant parties is intended to prevent such incidents. Lazzarini called for accountability for those responsible for the attack.
• Josep Borrell, the High Representative of the Union for Foreign Affairs and Security Policy has called on opening an investigation regarding “the Israeli strike against UNRWA schools in Nusairat. He added, “A permanent ceasefire is the only way to protect civilians and release all hostages immediately. Both parties should agree on the US plan that consists of three stages now.” (June 6, 2024)
• Colombia’s trade ministry called for a restriction on coal sales to Israel in the latest bid to isolate Israel as the death toll rises in its Gaza campaign. The ministry submitted a recommendation to “limit” shipments of the fuel to a committee that rules on tariffs and foreign trade (June 6, 2024)
• The leaders of the United States, Argentina, Austria, Brazil, Bulgaria, Canada, Colombia, Denmark, France, Germany, Poland, Portugal, Romania, Serbia, Spain, Thailand, and the United Kingdom have issued a joint statement expressing “their deep concern for the hostages held by Hamas in Gaza, including many of their own citizens. They fully endorse the ceasefire and hostage release deal currently on the table, as outlined by President Biden. They added, “It’s time to end the war and this agreement is the essential starting point.” (June 6, 2024)
• A group of eight Islamic countries — Turkey, Egypt, Nigeria, Pakistan, Iran, Indonesia, Malaysia, and Bangladesh— issued a joint statement calling for an “immediate, permanent, and unconditional” ceasefire and an end to Israeli aggression against Palestinians in the besieged Gaza Strip. This statement followed an extraordinary meeting of foreign ministers in Istanbul, convened to address the ongoing Israeli conflict in Gaza that began on October 7, 2023. The group also urged all nations to ensure Israel’s strict compliance with the interim measures ordered by the International Court of Justice. (June 8, 2024)
• The United Nations has included Israel, as well as the Palestinian Hamas and Islamic Jihad movements, in its “List of Shame” for the first time. This list is part of the annual report issued by the office of UN Secretary-General António Guterres, which documents alleged human rights violations against children in armed conflicts. (June 8, 2024)

Publications of human rights NGOs

• The Palestinian Prisoners’ Club stated that the occupation authorities, as part of their systematic and escalating arrest operations since the beginning of the genocidal war in Gaza, have intensified their arrest of patients, including those with cancer and tumors, and have carried out systematic medical crimes against them. The club called for urgent intervention to secure the release of cancer patient Mohammed Zaid Khudairat (21 years old) so that he could continue his prescribed treatment. (June 4, 2024)
• A total of 111 organizations and civil society networks condemned the ongoing campaign by the Israeli occupation to impose severe restrictions and ban the access of representatives of international press and media institutions to the Gaza Strip, as well as the targeting of journalistic institutions, which has led to the killing of 148 journalists over the past eight months. The organizations affirmed that this behavior aims to silence free press and distort the reality of the occupation’s crimes against Palestinians. (June 4, 2024)
• The International Commission to Support Palestinian Rights (ICSPR) condemned the U.S. legislation sanctioning the ICC, asserting that it constitutes organized state terrorism and a crime against justice. The Commission emphasized that this legislation is contrary to international law and the United Nations Charter, and effectively supports war criminals. (June 5, 2024)
• The Palestinian Journalists Syndicate condemned the arrest of journalist Rasha Herzallah from the Palestinian News Wafa Agency by Israeli occupation forces. It also condemned the severe assaults on journalists in Jerusalem, who were beaten with sticks and stones by settlers and occupation police, resulting in injuries to dozens of them. The syndicate denounced the systematic Israeli incitement against journalist Motaz Azaizeh and all Palestinian journalists. It called on the ICC to initiate proceedings to prosecute the occupation leaders for their crimes and urged international institutions to condemn the Israeli incitement against Palestinian journalists.
• ActionAid International has highlighted the catastrophic environmental impacts and ensuing humanitarian crisis resulting from eight months of Israeli military bombing in Gaza. The organization reported that the bombings have led to widespread contamination of land, soil, and water, causing severe structural damage throughout Gaza. Additionally, the destruction of agricultural lands and nurseries has severely hindered food production, increasing the risk of famine, with more than 3,500 children under the age of five facing starvation. In the West Bank, Palestinians are also experiencing environmental degradation due to the discharge of hazardous waste and restrictions on land access. These findings underscore the urgent need for comprehensive interventions to address both the environmental and humanitarian challenges in the region. (June 5, 2024)
• The European Legal Support Center (ELSC) published a study on “The Defunding of Palestinian Organizations and Their Allies: A Tactic to Suppress Palestinian Voices and Shield Israel from Accountability – FAQ.” The study discusses the strategy of halting funding to Palestinian organizations and their allies as a means to suppress Palestinian voices and shield Israel from accountability. (June 7, 2024)

Opinion Pieces and features

• The academic blog Völkerrechtsblog has published a two-part analytical article by scholar John B. Quigley titled: “Nicaragua’s Suit against Germany May Be Good as Gold.” Here is part I and here is part II. (June 6/7, 2024)
• OpinioJuris published an article by Toby Cadman and Thomas Hamilton, entitled: “Complementarity in the Palestine Situation at the ICC: Could Article 70 Conduct Render Israel “Unwilling” to Investigate Genuinely?” (June 7, 2024)
• Anadolu Agency published an article by Islam Doğru, entitled: “Under international law, Israel is committing state terror: 4-time US presidential candidate” (June 7, 2024) 

Human rights conferences and events

• Foundation for Middle East Peace published a program titled, “The Gaza Catastrophe: 2024 Congressional Briefing Series,” which is an educational program conducted annually by the Middle East Institute’s Palestinian Affairs Program and the Foundation for Middle East Peace (FMEP) to brief members of Congress and their staff on the most pressing issues facing Israel and Palestine today. The 2024 series includes four parts: an assessment of the current situation in Gaza and the West Bank, an analysis of the role of Congress and the U.S. administration in Israel-Palestine relations, an examination of humanitarian conditions and issues of international law, and a discussion on the prospects for reconstruction in Gaza and Palestinian politics. (June 4, 2024)
• The Maat Foundation for Peace, Development and Human Rights initiated an open petition titled: “Presidency tainted with blood.” The petition calls on countries to boycott the Disarmament Conference in Geneva, which Israel is set to preside over from August 19 to September 13, 2024. The organization stresses the importance of not allowing Israel to rehabilitate its image within the international community. (June 6, 2024)