PALESTINE’S LEGAL SCENE –Issue.236

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

7 – 13 July 2024

Issued every Sunday by Law for Palestine

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

Translation: Ferdous Abdul Hamid and Widad Hussein

Editing: Umamah Begg

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:

• The Ministry of Education and Higher Education condemned the demolition of UNRWA ‘Amira Mixed Elementary School’ in the Yatta area by Israeli occupation forces, noting that this crime deprives students in this community of their free and safe right to education. The ministry called on the international community and humanitarian organizations to confront these practices and ensure the protection of children’s rights. (July 8, 2024)
• Qadoura Fares, the Head of the Commission of Detainees and Ex-Detainees Affairs, urged the British Consul to take practical steps to save Palestinian prisoners in Israeli occupation prisons, break the retaliatory policies imposed by the Israeli prison administration, and recognize the State of Palestine as a necessary step towards achieving justice. (July 9, 2024)
• The Permanent Representative of the State of Palestine to the United Nations, Ambassador Riyad Mansour, sent three identical letters to UN officials regarding the ongoing Israeli aggression on the Gaza Strip and the West Bank. He reiterated his call for immediate action to ensure a ceasefire and its enforcement to save millions of lives at risk. Mansour emphasized the need to end this genocide, the illegal colonial Israeli occupation, and the apartheid system. (July 9, 2024)
• The Ministry of Tourism and Antiquities and the Hebron Municipality condemned the Israeli attack on the roof of the prayer hall of the Ibrahimi Mosque in Hebron, calling it a serious violation of a site listed as a UNESCO World Heritage Site with Palestinian and global religious and cultural significance. They asserted that this escalation is part of settlement and Judaization policies aimed at transforming the Ibrahimi Mosque and its surroundings into a settlement area, violating the cultural and religious rights of the Palestinian people. They called on the international community and UNESCO to intervene immediately to stop these assaults and protect world heritage. (July 11, 2024)

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

• The Knesset’s Legislation Committee has approved a draft law granting the Israeli Antiquities Authority powers to operate in the West Bank, claiming these areas are steeped in Jewish history and unrelated to the Palestinian Authority. The project aims to extend Israeli antiquities laws to include the West Bank and equate the status of antiquities in Israel with those in the West Bank, which could imply the annexation of parts of the West Bank. (July 8, 2024)
• The Knesset’s Foreign Affairs and Defense Committee has approved (here) three draft laws aimed at significantly restricting UNRWA’s activities. The first project stipulates a ban on UNRWA’s operations in Israeli territories, effectively removing its presence in East Jerusalem. The second project will classify UNRWA as a terrorist organization and require Israel to sever ties with it. The third proposal will strip UNRWA employees of the legal immunities and privileges granted to United Nations staff in Israel. (July 9, 2024)
• The Israeli mission to the United Nations in Geneva rejected the statement by UN experts announcing the spread of famine in Gaza, considering that the mentioned experts, who joined the statement, are spreading misinformation and supporting Hamas propaganda. The mission emphasized that Israel has consistently enhanced its coordination and assistance in delivering humanitarian aid throughout the Gaza Strip. It also claimed that Hamas members are stealing the aid and deliberately withholding it from civilians. (July 9, 2024)

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

• The Arab Parliament and the Organization of Islamic Cooperation, along with the Jordanian and Kuwaiti Ministers of Foreign Affairs, have strongly condemned Israel’s continued targeting of shelters for displaced Palestinians in the Gaza Strip. The region is facing an unprecedented humanitarian catastrophe due to ongoing Israeli aggression. The latest incident involved the targeting of a UNRWA school in the Nuseirat camp. The official spokesperson for the Jordanian Ministry of Foreign Affairs reaffirmed the Kingdom’s condemnation of Israel’s continued acts of genocide against Palestinians in Gaza, calling it a blatant challenge to international demands for an end to the war and the protection of civilians. (July 7, 2024)
• The UN Special Rapporteur on the situation of human rights in the Palestinian territories, Francesca Albanese, said, “The fact that western media no longer talk about Israel’s Genocide in Gaza and the oppression of Palestinians anywhere under Israeli rule, does not mean that genocide and oppression have stopped. It means they are being normalized. She called for humanity to wake up. (July 7, 2024)
• UNRWA called for an “independent investigation” into the Israeli occupation’s bombing of an agency-affiliated school housing two thousand displaced people in the Nuseirat camp in the central Gaza Strip. UNRWA Director General Philippe Lazzarini called for a ceasefire, adding, “More than half (or 190) of UNRWA facilities have been hit, killing 520 people and wounding nearly 1,600 others”. He stressed the need to hold those responsible for violating international law accountable (July 7, 2024)
• The United Nations Population Fund (UNFPA) stated that it is working to meet the needs of women and girls in the Gaza Strip, calling for an immediate ceasefire to continue providing life-saving support. The UNFPA added, “We are tirelessly working with our partners to meet the increasing needs of women and girls amid the hostilities in Gaza. However, to maintain our life-saving support, we urgently call for a ceasefire.” (July 8, 2024)
• France has strongly condemned the latest Israeli decisions regarding settlements in the occupied Palestinian territories, particularly Israel’s official recognition of five new settlements, and the Israeli government’s seizure of almost 1200 acres of land in the Jordan Valley. The French Ministry of Foreign Affairs stated that settlements constitute a violation of international law and a major obstacle to any just and lasting peace. (July 8, 2024)
• The Director-General of the World Health Organization, Tedros Adhanom Ghebreyesus, stated that there is no safe corner in Gaza. He noted that recent evacuation orders in Gaza City will further impede the delivery of already limited life-saving care. Tedros added that patients either self-evacuated, were given early discharge, or were referred to Kamal Adwan and Indonesian hospitals, both of which are suffering from shortages of fuel, beds, and trauma medical supplies. (July 8, 2024)
• The European Union High Representative for Foreign Affairs and Security Policy, Josep Borrell, voiced his horror at the recent airstrike on another UNRWA school in central Gaza. He stated that civilians must be protected at all times and that UN buildings should not be misused or targeted by attacks. Borrell called for a ceasefire. (July 8, 2024)
• The Secretary-General of the Arab League, Ahmed Aboul Gheit, discussed the Israeli war on Gaza and its catastrophic humanitarian impact during a meeting with the Japan National Press Club. He called on Tokyo to recognize the State of Palestine as an expression of adherence to justice. (July 8, 2024)
• The Israeli economic newspaper “Calcalist” reported that several countries and foreign companies have ceased supplying Israel with raw materials used in the production of ammunition manufactured in Israel. Italy, Canada, and Belgium have halted military exports, while Spain has made it difficult for a large shipment from India to arrive. The report also mentioned that some European arms suppliers are no longer responding to their Israeli counterparts. (July 9, 2024)
• During a joint press conference, UNRWA Commissioner-General Philippe Lazzarini highlighted that “the ongoing aggression on Gaza” results in 10 children losing a limb every day and around 17,000 children losing their parents. He described what is happening in Gaza as a flagrant violation of international law and emphasized the need for an investigation. Lazzarini added that half of UNRWA’s schools in Gaza have been bombed despite their coordinates being known, and more than half of its facilities there have been destroyed. Jordanian Foreign Minister Ayman Safadi stated that UNRWA’s ability to fulfill its role is diminishing due to the obstacles posed by the occupation. He asserted that the agency cannot be replaced as it plays a heroic role in Gaza amid the humanitarian catastrophe. Safadi emphasized the need for UNRWA’s continued presence and regarded Israel’s attempt to politically undermine the agency as part of its efforts to eliminate the Palestinian cause. (July 9, 2024)
• The Saudi Council of Ministers stressed the importance of efforts to achieve an immediate ceasefire in the Gaza Strip and its surroundings, and to enable the Palestinian people to obtain their legitimate rights, including establishing an internationally recognized independent state. (July 9,2024)
• A group of independent United Nations experts stated that the recent deaths of a larger number of Palestinian children due to hunger and malnutrition leave no doubt that famine has spread across the entire Gaza Strip. The experts declared that Israel’s intentional and targeted starvation campaign against the Palestinian people is a form of genocidal violence. They added that 34 Palestinians, most of them children, have died from malnutrition since October 7, emphasizing that inaction equates to complicity. (July 9, 2024)
• Ministries of Foreign Affairs of Jordan, Turkey, and Egypt condemned Israel’s systematic targeting of civilians in Gaza and shelters for Palestinian refugees, particularly the bombing of the Al-Awda school in Khan Younis. These countries stated that such actions constitute flagrant violations of international humanitarian law, urging the international community to take immediate and decisive steps to halt these crimes and provide protection to Palestinian civilians. UNRWA Commissioner-General Philippe Lazzarini pointed out that the bombing of Al-Awda school is part of a series of attacks on four schools in the past four days, schools have gone from safe places of education and hope for children to overcrowded shelters and often end up a place of death and misery. France voiced deep concern over Israeli strikes on schools sheltering displaced persons in Gaza, calling the targeting of such schools unacceptable. UK Foreign Secretary David Lammy described the bombing of Al-Awda school as “appalling,” demanding an immediate ceasefire to protect civilians. The German Foreign Ministry denounced the killing of individuals seeking refuge in UNRWA schools as unacceptable and emphasized the need to stop repeated attacks on schools and conduct a swift investigation into these assaults. (July 10, 2024)
• The Office for the Coordination of Humanitarian Affairs warned that Israel’s instruction for people to leave Gaza city will only fuel mass suffering for Palestinian families, many of whom have been displaced again and again. It emphasized that civilians must be protected and their essential needs must be met, whether they flee or stay and that all parties must respect international humanitarian law, at all times. (July 10, 2024)
• During his participation in the NATO summit, Spanish Prime Minister Pedro Sánchez called for avoiding double standards in the ongoing wars in Ukraine and Gaza. He stressed the urgent need for consistent application of international law and humanitarian principles in both regions. Sánchez highlighted that Spain’s recognition of Palestine as a state aims to create the conditions for a new state that can coexist, in peace and safely, with its neighbors, especially with Israel. He urged for immediate conditions to be established for a ceasefire and for urgent measures to alleviate the humanitarian crisis affecting Palestinians in Gaza and the West Bank. (July 10, 2024)
• The Japanese Foreign Minister, Kamikawa Yoko, stated that Japan will continue to urge all parties to abide by international law, and to make diplomatic efforts to realize the release of the hostages and a ceasefire as soon as possible. She announced that Japan is considering recognising the State of Palestine, taking into account how this can contribute to the Middle East peace process. (July 10, 2024)
• The United States announced sanctions against three Israeli individuals and five entities involved in violence against civilians in the West Bank. The U.S. emphasized that these actions undermine regional stability and threaten peace and security for both Israelis and Palestinians alike. Additionally, the U.S. State Department added the organization “Lehava” to its blacklist. The U.S. States Department expressed deep concern over extremist violence and instability in the West Bank and strongly encouraged the Israeli government to take immediate steps to hold these individuals and entities accountable. (July 11, 2024)
• The foreign ministers of the G7 (Canada, France, Germany, Italy, Japan, the United States, and the United Kingdom) condemned the announcement by Israeli Finance Minister Smotrich legitimizing five settlement outposts in the West Bank. They expressed their rejection of the decision by the Government of Israel to declare over 1,270 hectares of land in the West Bank as ‘state lands’ – the largest such declaration of state land since the Oslo Accords. They stated that these decisions are contrary to international law. They urged Israel to release all withheld clearance revenues in accordance with the Paris Protocols, remove or relax measures that exacerbate the economic situation in the West Bank. (July 11, 2024)
• The Commissioner-General of UNRWA, Philippe Lazzarini, said that the city of Tulkarm in the northern occupied West Bank “Looked like a mini conflict zone because of the destruction of the houses, the asphalt, the road, and the pipes”. He emphasized that the West Bank is facing a “silent war” due to ongoing Israeli incursions and measures. (July 11, 2024)
• The pledging conference for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) began at the United Nations headquarters in New York City, USA. Its aim is to gather additional financial contributions to support the lifesaving and irreplaceable role played by the United Nations Relief and Works Agency for Palestine Refugees in the Near East across its several areas of operations. Countries rejected all attempts by Israel to undermine the agency or label it as “terrorist” and to end its operations. (July 12, 2024)

Publications of human rights NGOs

• Diakonia published a report titled “Responsibility under international law for settler violence in the Occupied Palestinian Territory.“ The report indicated that settler violence has reached unprecedented levels, raising concerns about the involvement of Israeli security forces. It concluded that Israel bears international responsibility for violating numerous positive and negative obligations under international humanitarian law and human rights law in relation to the acts of violence committed by settlers. The report also addressed the potential individual responsibility under international criminal law for those involved in incidents of settler violence. (July 8, 2024)
• Al Mezan Center issued a press statement on the tenth anniversary of the start of the Israeli military attack on Gaza in 2014, emphasizing the lack of accountability for Israeli crimes against Palestinians despite numerous reports from Palestinian and international human rights organizations and the findings of the UN Commission of Inquiry that documented clear violations of international law. The center called on the Office of the Prosecutor of the International Criminal Court to immediately request arrest warrants for the Israeli authorities and military personnel responsible for committing, ordering, planning, and inciting international crimes during the 2014 attack on Gaza, asserting that sufficient evidence justifies immediate international justice measures as a crucial step towards breaking the cycle of impunity. (July 8, 2024)
• The organization “Yesh Din” and the Association for Civil Rights sent a letter to the Israeli Minister of Defense and the Commander of the Central Region, calling for the cancellation of the order appointing a civilian as the Deputy Head of the Civil Administration, as well as the cancellation of the powers granted to him. The letter emphasized that this decision and the transfer of powers constitute a de facto annexation of the West Bank because they create a fundamental change in the structure of the system in the occupied territories, from an area managed by the military level to an area directly managed by Israeli government authorities. The civilian deputy would be subordinate to the administration of the settlement of Smotrich rather than to the military level. (July 8, 2024)
• Addameer Association issued a report titled “Enforced Disappearance in the Palestinian Context.” The report addresses the reality of torture faced by Gaza prisoners in military camps, the complicity of the Israeli court system in the crime of enforced disappearance, and the unknown fate of detainees after being taken, along with the theft of Palestinian prisoners’ identities and their placement in underground cells. It also covers the situation of Gaza detainees in Ofer Prison and the women detainees in Damon Prison, and highlights the incident of the execution of a young Palestinian by an Israeli soldier. (July 8, 2024)
• 20 UK charities outline key steps the UK new Government must take in its first 100 days to address the catastrophe in Gaza, in light of potential genocide. (July 11, 2024)
• Greenpeace issued a report titled “Scorched-earth: making Gaza uninhabitable for generations to come” which reviewed the devastating climate impacts caused by the war in Gaza. (July 11, 2024)
• Peace Now reported that the Israeli government has taken the first step towards establishing a new settlement named “Nahal Heletz,” as the Israeli Central Region Commander signed an order defining the jurisdiction area for the new settlement planned in the Bethlehem area. The organization added that the settlement is planned to be located within a UNESCO World Heritage site, which contradicts conservation efforts and existing agreements such as the Oslo Accords. It pointed out that the establishment of this settlement aims to disconnect Bethlehem from about 25,000 Palestinians living in the villages to its west. (July 9, 2024)
• Meta, the company that owns Facebook and other social media platforms, announced that it has decided to remove and ban content that targets “Zionists” with dehumanizing comparisons, calls for harm, or denials of existence. The company claimed that the use of the word “Zionist” often appears to be a proxy for Jewish or Israeli people, and therefore represents a type of hate speech.
• Doctors Without Borders warned that Nasser Hospital is at risk of overcrowding with mass casualties and injured individuals, noting that it is the last advanced hospital still operating in southern Gaza. At the same time, Doctors Without Borders teams are experiencing a severe shortage of medical supplies, threatening the continuation of basic healthcare available to patients. Javid Abdul Muneem, the head of the medical team with Doctors Without Borders at Nasser Hospital, said that Israeli authorities have prevented trucks carrying medical supplies for Doctors Without Borders from entering the strip, and the organization has not been able to bring any medical supplies into Gaza since the end of April. (July 10, 2024)
• 7amleh, Jewish Voice for Peace, and other human rights organizations expressed their disappointment with Meta’s recent policy update, according to which the company decided to ban content that attacks “Zionism” from its platforms, which, according to the organizations, will lead to further conflation of the political ideology of “Zionism” with Jewish and/or Israeli identities under Meta’s Hate Speech Policy. The organizations saw this policy update as risking severely restricting freedom of expression and stifling legitimate political criticism of Zionists and Zionism by inaccurately equating it with anti-Semitism. (July 11, 2024)
• The Guardian newspaper published a detailed report revealing horrific injuries suffered by civilians in Gaza due to Israeli weapons designed to spray high levels of shrapnel, causing devastating injuries. Foreign doctors reported that many deaths, amputations, and life-changing wounds in children resulted from missiles and shells packed with additional metal fragments. Experts and human rights organizations noted that these weapons seem intended to maximize casualties, with a significant number of deaths and injuries among children. (July 11, 2024)
• The Peace Now Organization reported that The Custodian of Government and Abandoned Property signed a declaration designating approximately 66 dunams of land in the villages of Beita and Qabalan, south of Nablus, as “state land”, which aims to legalize the illegal outpost of Evyatar. It considered this step as part of an annexationist agenda that threatens both Palestinian rights and Israeli security. The expedited annexation, facilitated by dubious legal tactics, underscores the deepening occupation. (July 11, 2024).

Opinion Pieces and features

• Middle East Monitor published an opinion article by researcher Dr Beram Jamal Ghazal entitled: “A brief history of boycotts and their legal foundations” (July 8, 2024).
• Just Security published an article by the researcher Adil Ahmad Haque, entitled: “The International Criminal Court’s Jurisdiction in Palestine and the ‘Oslo Accords Issue” (July 9, 2024).
• The Guardian published an opinion article by Geoffrey Robertson, entitled: “Labour faces its first moral test in power. Will it protect Netanyahu from being prosecuted by the ICC?” (July 10, 2024).
• The Washington Post published an article by Ishaan Tharoor entitled: “At NATO summit, Gaza is the elephant in the room.” (July 10, 2024).
• The Guardian published an article by Patrick Wintour entitled: “US pressuring UK to block ICC’s Netanyahu arrest warrant” (10 July 2024)
• Amad Media published an article by Majid Kayali entitled: “Israel’s options in regards to the ‘next day’ in Gaza.” (July 11, 2024)
• Mondoweiss published an article by journalist QASSAM MUADDI entitled: “Why the West Bank is on the verge of economic collapse” (July 11, 2024)
• Foreign Affairs published an article by Maria Fantappie and Vali Nasr entitled: “The Dangerous Push for Israeli-Saudi Normalization.” (July 11, 2024).
• The Israeli newspaper Haaretz published an article by Nir Hasson entitled: “Allowing the Israel Antiquities Authority to Operate in the West Bank Is Equivalent to Annexation” (July 12, 2024)
• The Arab Center, Washington DC, published an article by John Quigley entitled: “The Lancet and Genocide By “Slow Death” in Gaza.” (July 12, 2024).
• Concord Monitor published an opinion article by JOHN BUTTRICK entitled: “Opinion: Say ‘No’ to violations of international humanitarian law” (July 13, 2024).

Human rights conferences and events

• Friends of Sabeel North America published a discussion between Jonathan Kuttab, a human rights lawyer and co-founder of Al-Haq, and Daoud Kuttab, a Palestinian journalist and media activist. The speakers discussed the current situation faced by Palestinians in the occupied Palestinian territories and abroad, amidst the war in Gaza, the escalating violence by Israeli settlers, and the demolition of homes and land confiscation. (July 7, 2024)