PALESTINE’S LEGAL SCENE –Issue.233

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

16 – 22 June 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 Mai Shaheen

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.

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

• On World Refugee Day, the Palestine Liberation Organization’s Refugee Affairs Department emphasized the right of return and the importance of UNRWA’s continued efforts until this right is realized. The Department underscored the ongoing Nakba faced by Palestinians in the Gaza Strip, where Israel’s actions amount to genocide, ethnic cleansing, and forced displacement, effectively turning the Strip into the largest camp in history. Additionally, it highlighted the continued targeting of camps in the West Bank. (June 19, 2024)
• Minister of State for Foreign Affairs and Expatriates of the Palestinian Authority, Varsen Aghabekian, expressed distrust in Israel despite having confidence in the Cypriot government’s intentions regarding the Amalthea Corridor Initiative. She welcomed humanitarian efforts but emphasized concerns about Israel’s intentions to displace Palestinians. Aghabekian underscored the importance of opening all crossings to allow aid and criticized the lack of pressure on Israel to do so. Regarding allegations that the American jetty was used to attack people in Gaza, she stated that she cannot confirm or deny this, but emphasized that independent, specialized international investigative committees should verify this. (June 19, 2024)
• The Palestinian Ministry of Foreign Affairs urged the Secretary-General of the United Nations and his Special Representative on Sexual Violence during Armed Conflict to conduct a thorough investigation into the various forms of sexual violence committed by the Israeli occupation forces against the Palestinian people, and to ensure accountability. It highlighted that the Israeli occupation has used sexual violence as a weapon of war for 75 years. (June 20, 2024)

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

• The Tel Aviv-Jaffa District Court approved Communications Minister Shlomo Karhi’s request to extend the temporary ban on the Al Jazeera news network in Israel, resulting in its broadcasts and websites being blocked for an additional 45 days. In its decision, the court said that it found a direct and causal connection between individuals who carried out terror attacks inside Israel and the consumption of Al Jazeera content. It also determined that there was a “close connection” between Al Jazeera and Hamas, noting that some Al Jazeera reporters in Gaza had become “assistants and partners” with Hamas, and that some of them had even carried out terror attacks (June 17, 2024).
• The Israeli Security Cabinet discussed steps to strengthen settlement in “Judea and Samaria”, including in response to the countries that unilaterally recognized a Palestinian state after October 7. The Cabinet also considered various actions against the Palestinian Authority (PA) for its moves against Israel within international bodies. The Prime Minister instructed that all of these proposals be brought to a vote at the next Security Cabinet meeting (June 17, 2024).
• Israeli Communications Minister Shlomo Karhi said that there would not be a Palestinian State between the sea and Jordan, rejecting any form of PA control in Gaza. He also called for the establishment of security forces and settlements in Gaza “to preserve security gains.” Also, Minister Itamar Ben Gvir pressed for the renewal of settlement in the Gaza Strip, and added that: “In addition to settlement, voluntary immigration should also be encouraged” (June 18, 2024).
• The Guardian newspaper published a report revealing that the Israeli military has quietly transferred significant legal powers in the occupied West Bank to pro-settler civil servants working for the far-right minister Bezalel Smotrich. This shift diminishes the oversight on settlement expansion and development. The report indicated that Smotrich and his allies aim to extend Israeli sovereignty over the West Bank (June 20, 2024).

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

• In an essay published in the New York Times, Martin Griffiths, the Under-Secretary-General for Humanitarian Affairs at the United Nations, said that the October 7 attacks on Israel and the ensuing bombardment of Gaza, has turned the blockade-impoverished enclave into hell on earth. Griffiths emphasized that delivering humanitarian aid to a population on the brink of famine has become nearly impossible, with an unconscionable number of humanitarian and UN workers killed, and civilian lives and infrastructure suffering excessive harm. He highlighted the obstruction and politicization of humanitarian assistance, exacerbating hunger and disease. He pointed out that the weapons have continued to flow to Israel from the United States and many other countries, despite the obviously appalling impact of the war on civilians. (June 17, 2024)
• New Zealand Foreign Minister Winston Peters announced that his country will allocate an additional $5m to the World Food Programme (WFP) & UNICEF. This funding is intended for emergency food, sanitation, and health assistance aimed at delivering humanitarian aid to the Gaza Strip. Peters described the humanitarian situation in Gaza as catastrophic (June 17, 2024).
• The Saudi Prime Minister stressed the necessity of immediately stopping the Israeli aggression against the Gaza Strip, and the importance of the international community moving to take all measures that guarantee the protection of lives in the Strip. The minister further stressed the importance of implementing the recent resolutions issued by the UN Security Council regarding the proposal for an immediate ceasefire in the Gaza Strip (June 17, 2024).
• UN human rights chief Volker Türk condemned Israel’s ongoing and intensive attacks in the war-torn Gaza Strip, describing them as “relentless.” He reiterated longstanding calls for the release of all remaining hostages. Addressing Member States, Türk emphasized that “there has been unconscionable death and suffering,” highlighting the widespread destruction caused by more than eight months of heavy fighting. He added, “More than 120,000 people in Gaza, overwhelmingly women and children, have been killed or injured since 7 October, as a result of the intensive Israeli offensives.” (June 18, 2024)
• The United Nations Environment Program (UNEP) has released a preliminary assessment highlighting the unprecedented environmental impact of the war in Gaza. The war has led to exposing the community to rapidly growing soil, water and air pollution and risks of irreversible damage to its natural ecosystems. UNEP estimated that 39 million tonnes of debris have been generated by the conflict – for each square meter in the Gaza Strip, there is now over 107 kg of debris. UNEP pointed out that the water, sanitation, and hygiene systems are almost entirely defunct, with Gaza’s five wastewater treatment plants ceasing operations. This has caused sewage to contaminate beaches, coastal waters, soil, and freshwater with a host of pathogens, nutrients, microplastics, and hazardous chemicals. This poses immediate and long-term threats to the health of Gazans, marine life, and arable lands. (June 18, 2024)
• A French court ruled that France’s order to bar Israeli exhibitors from the Eurosatori arms fair was discriminatory and must be rescinded. The Paris Commercial Court found the ban illegal following a lawsuit by the French-Israeli Chamber of Commerce and ordered COGES Events to reinstate Israeli companies. Representatives from COGES Events and France’s Defense Ministry did not comment. Additionally, pro-Palestinian groups filed a suit emphasising that some Israeli companies might be supplying forces in Gaza. This appeal is being reviewed by the Paris Appeals Court.
• The UN Human Rights Office released a report detailing six incidents from October 7 to December 2, 2023, where Israel may have failed to adhere to international law, leading to significant civilian casualties and destruction. The report highlights concerns about Israel’s use of explosive weapons in densely populated areas, examining compliance with international humanitarian law, particularly the principles of distinction, proportionality, and precautions. It urges Israel to conduct prompt, independent, and thorough investigations into these alleged violations and hold those responsible accountable through fair trials. (June 19, 2024)
• After a week-long visit to the Gaza Strip, the Special Representative of the United Nations Women’s Office in Palestine, Maris Guimond, highlighted the disproportionate impact of the war in Gaza on women, where more than 10,000 women have been killed since the start of the war. She stressed the need for a ceasefire and a sustainable political solution to ensure safety and dignity for all Palestinians in Gaza. (June 19, 2024)
• UNICEF stated that children’s lives are threatened by high malnutrition rates in the Gaza Strip, warning that the situation is particularly serious in the north, where 1 in 6 children under 2 years of age – are acutely malnourished. It pointed to a steep rise in malnutrition among children and pregnant and breastfeeding women in the Gaza strip poses grave threats to their health, according to a comprehensive new analysis released by the Global Nutrition Cluster. UNICEF, WFP and the World Health Organization (WHO) call for safe, unimpeded, and sustained access to urgently deliver humanitarian assistance to improve nutritional and health situation in the Gaza Strip. They stressed that a humanitarian ceasefire is the best chance to save lives and end the suffering of children and women. (June 19, 2024).
• The UN Human Rights chief Volker Turk said that Israel appears to have consistently failed to use methods of warfare that avoid or minimize civilian harm in its bombing campaign in Gaza. “The requirement to select means and methods of warfare that avoid or at the very least minimize to every extent civilian harm appears to have been consistently violated in Israel’s bombing campaign,” Turk said in a statement. (June 19, 2024)
• More than 25 UN experts emphasized that the transfer of weapons and ammunition to Israel may constitute serious violations of human rights and international humanitarian law, potentially implicating states in international crimes, including genocide. They reiterated their demand to stop transfers immediately. The experts pointed out that arms manufacturers supplying Israel – including Caterpillar, General Dynamics, and Lockheed Martin– should also end transfers, even if they are executed under existing export licenses. In this context, continuing arms transfers to Israel in light of the decision made by the International Court of Justice (ICJ) as well as the request filed by the Prosecutor of the International Criminal Court (ICC) may be seen as knowingly providing assistance for operations that contravene international humanitarian laws. They further stressed that financial institutions investing in these arms companies should also be held accountable. (June 20, 2024)
• The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) reported that many families in southern Gaza are surviving on one meal every two or three days, while others depend on sharing food with each other. OCHA explained that hundreds of thousands of displaced people in southern Gaza are suffering from limited access to shelter, healthcare, food, water and sanitation. The UN office mentioned that the situation has exacerbated due to the continuous spread of infectious diseases, a severe shortage of hygiene materials and sanitation facilities, and ongoing access restrictions that severely undermine the delivery of essential humanitarian aid. (June 20, 2024)
• The Republic of Armenia officially announced its recognition of the State of Palestine, raising the number to 149 out of 193 countries at the United Nations General Assembly. The Foreign Ministry of the Republic of Armenia stressed that the tragic humanitarian situation in Gaza and the ongoing military conflict are major issues that require an international political solution. (June 21, 2024)
• The Foreign Ministry of Cuba announced that it has joined the proceeding initiated by South Africa against Israel in the ICJ, in line with its commitment to support international efforts to end the genocide against the Palestinian people. Cuba has confirmed that it will use its right as a State party to the Convention on the Prevention and Punishment of the Crime of Genocide to provide its interpretation of the Convention’s rules, which Israel has violated in the occupied Palestinian territories. (June 21, 2024)
• The Special Rapporteur on the occupied Palestinian territories, Francesca Albanese, commented on reports on Israel’s accelerated formal annexation of unlawfully occupied Palestinian land since February 2023. She noted that despite numerous formal warnings about the international crimes associated with such actions, no tangible action has been taken to stop this unlawful behavior. In addition, she observed that the characterization of Israel as a ‘settler-colonial endeavor’ grows more apt with each passing day. (June 21, 2024)

Publications of human rights NGOs

• Human Rights Watch stated during the 56th Regular Session of the UN Human Rights Council that the ongoing catastrophe for civilians shows the cost of the international community’s failure to address the root causes of suffering in the region. Victims of serious abuses in Israel and Palestine, including the crimes of apartheid and persecution against the Palestinian people, have faced a wall of impunity for decades. The Commission’s reports highlight the strong support for impartial and independent justice mechanisms to ensure accountability for serious crimes by all parties. States were urged to endorse the ICC and the ICJ, act to ensure compliance with their orders, and stand against attempts to obstruct the course of justice. (June 19, 2024)
• Defense for Children International (DCI) called on the Human Rights Council to implement the following measures: an immediate and lasting ceasefire as well as the withdrawal of Israeli forces from the Gaza Strip; the immediate release of all Palestinian children in Israeli detention centers and prisons; end all complicity and financial and diplomatic support to the Israeli apartheid system; and take urgent action to ensure accountability for violations. This includes supporting efforts by the ICC to hold perpetrators accountable and fulfilling obligations under the Geneva Conventions or Rome Statute to exercise criminal jurisdiction and arrest those alleged to have committed or ordered international crimes. (June 19, 2024)
• The Independent Commission for Human Rights (ICHR) has called for immediate action to protect the civilian population in the Gaza Strip and urged swift and decisive intervention to prevent further crimes. It emphasized the importance of implementing the recommendations from the report of the Independent International Commission of Inquiry on the Palestinian Territory, specifically the activation of Chapter Seven of the United Nations Charter, aiming to end the ongoing genocide that threatens international peace and security. (June 19, 2024)
• The organization, Article 19, strongly condemned Israel’s ongoing assault on the right to freedom of expression and access to information, actions which prevent the collection of evidence and ultimately impede accountability for the numerous war crimes, crimes against humanity, and violations of international human rights and humanitarian law identified in the report issued by the International Commission of Inquiry on Palestine-Israel (June 20, 2024).

Opinion Pieces and features

• The Pew Research Center has published an analytical essay by Laura Silver and Maria Smerkovich, entitled: “Settlements and violence in the West Bank and East Jerusalem” (June 20, 2024).
• The Guardian has published an opinion piece by Alon Pinkas, entitled: “Netanyahu’s ‘war cabinet’ had little power – but its demise does him real damage” (June 17, 2024)
• Arab Center Washington DC has published an article by Jonathan Kuttab, entitled: “Israel’s War on Palestinians in the Occupied West Bank” (June 21, 2024)
• The Guardian has published an opinion article by Owen Jones, entitled: “There’s a shocking absence in this election: politicians won’t mention the Israel-Gaza war” (June 21, 2024)

Human rights conferences and events

• The School of Oriental and African Studies (SOAS), in collaboration with Influencing the Corridors of Power (ICOP), hosted a significant event at the Brunei Gallery as part of its ongoing Palestine series in the UK. The session addressed the critical issue of holding states accountable under international law amidst the current conflicts in Gaza, with a particular emphasis on the legal and diplomatic implications of genocide and war crimes. The event showcased a distinguished panel of experts, including Francesca Albanese, the UN Special Rapporteur on the occupied Palestinian territories. (June 21, 2024)

Upcoming human rights opportunities and events

• The United Nations Committee on the Exercise of the Inalienable Rights of the Palestinian People (CEIRPP), in cooperation with the Organization of Islamic Cooperation (OIC), announced an in-person symposium titled “Jerusalem and the Gaza War: Palestinian Identity and Existence Under Threat of Erasure” on July 1, 2024, from 10:00 AM to 1:00 PM at the OIC headquarters. The symposium will address Israel’s forced displacement and dispossession of Palestinians in Jerusalem amid the broader context of similar policies in the occupied Palestinian territories, especially during the ongoing Gaza conflict. The event also underscores the Committee’s support for the OIC’s call for international action to halt the Israeli war in Gaza and to restart the Middle East peace process based on international law and UN resolutions, aiming for comprehensive and sustainable peace and the independence of the State of Palestine.