PALESTINE’S LEGAL SCENE –Issue.242

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

18 – 24 August 2024

Issued every Sunday by Law for Palestine

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

 Translation: : Mai Shaheen and Maisa Abdelqader

Editing: Haneen Shaath

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 has expressed deep concern over the crime of forcible displacement being carried out by settler gangs, with the support of the Israeli occupation army, against Bedouin communities in the occupied Palestinian territories, particularly in Masafer Yatta and the Jordan Valley. The Ministry views this crime as ethnic cleansing and a gradual annexation of the West Bank, and it asserts that the international community has yet to take adequate and effective measures. (August 20, 2024)
• The Palestinian Minister of Foreign Affairs and Expatriates called for international support for a visit by the Palestinian President and leadership to the Gaza Strip. She emphasized the international consensus on the importance of the Palestinian government’s role in Gaza and affirmed that the government has prepared plans for relief and reconstruction. (August 20, 2024)
• The Palestinian Monetary Authority in Ramallah warned of serious and imminent consequences that will affect various aspects of life due to the ongoing refusal of the Israeli side to accept the shekel banknotes accumulated in Palestinian banks. (August 21, 2024)
• The Palestinian National Council strongly condemned the bombing of the UNRWA Salah ad Din School west of Gaza City, calling it a war crime and a blatant violation of international humanitarian law. The Council also condemned the incursion and destruction of infrastructure in Tulkarm camp, which resulted in the execution of three citizens and the injuries to others. It urged the international community to take immediate action to halt these crimes, protect civilians, and provide support to those affected. (August 22, 2024)

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

• Israel’s Permanent Representative to the United Nations, Gilad Erdan, called for the UN building in Jerusalem “to be closed and erased from the face of the earth,” describing it as “crooked and distorted from within.” His statements were in response to the International Court of Justice (ICJ) decision issued in July, which he described as “distorted and immoral”, stressing that Israel would work to overturn it. Erdan also expressed confidence that the United States would use its veto power against any anti-Israel resolution in the Security Council. Additionally, he described the United Nations as “the most corrupt and morally twisted place,” calling for its dismantling and the establishment of a new body that “truly represents noble values”. (August 20, 2024)
• The head of the Israeli General Security Service (Shin Bet), Ronen Bar, stated in a letter to Prime Minister Benjamin Netanyahu, the ministers and the attorney general, that Jewish terrorism, committed by extremist settlers, especially known as the “Hilltop Youth,” poses a serious threat to Israel’s existence. He stressed that the incompetence of the police and the hidden support for these groups has led to the escalation of violence, which has changed “from focused covert activity to broad, open activity. From using a lighter to using weapons of war. He pointed out that these groups receive legitimacy from some officials, which harms state security and constitutes a “A large stain on Judaism ”. Bar warned that such actions could drag Israel “to profuse bloodshed and change the state’s face unrecognizably.” (August 22, 2024)
• Ofer Prison Commander Vadim Goldstein requested that security prisoners remain handcuffed during court hearings due to concerns that prison guards could be at risk. Goldstein argued that the handcuffs were necessary to prevent potential threats to state security, claiming that ‘the prisoners have nothing to lose.’ However, Judge Bella Gelfand ordered the handcuffs to be removed, emphasizing the importance of allowing the prisoner to testify freely. Meanwhile, the Minister of National Security, Itamar Ben-Gvir, criticized the judge’s decision, stating it endangered the lives of guards and supported the prison administration’s stance on the matter. (August 22, 2024)

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

• President of Colombia Gustavo Petro signed a decree banning the export of coal to Israel as of August 22, until Israel complies with provisional measures ordered by the the International Court of Justice (ICJ). Regarding the decision to halt coal exports, President Petro stated that Israel is using it to make bombs to kill Palestinian children. (August 19, 2024)
• The President of the Arab Parliament, Adel bin Abdulrahman al-Asoumi, stated that humanitarian efforts in the Gaza Strip are threatened by the undermining of UNRWA’s role, which is crucial to humanitarian response operations in Gaza due to its vital and indispensable contributions. He called for all humanitarian efforts to unite in alleviating the pain and suffering of the Palestinian people, who are enduring the harshness of the Israeli occupation. (August 19,2024)
• The UN Human Rights Office in the Occupied Palestinian Territory (OHCHR) is alarmed by Israel’s recent and ongoing settlement expansion and legal changes in the occupied West Bank. OHCHR warned that these measures fly in the face of international law, including the advisory opinion ruled by the International Court of Justice (ICJ) in July. It added that this follows the Israeli cabinet decision on 27 June to establish five new settlements, including “Nahal Heletz”, by using Israeli law to “legalize” outposts which were already present on these sites – all of which remain unlawful under international law. Also, it stated that settlements, settler violence and the presence of settlers are the root causes of the majority of human rights violations in the West Bank, including East Jerusalem. (August 19, 2024)
• At the World Humanitarian Day 2024 UN commemoration, UNRWA Chief of Staff, Ben Majekodunmi, stated that the UNRWA and the humanitarian community have suffered severe losses since the outbreak of the conflict in Gaza on October 7. Majekodunmi reported that at least 289 humanitarian personnel have been killed, including 207 from UNRWA. He emphasized that many UNRWA schools and health centers have been damaged or destroyed, and that almost all UNRWA staff are displaced, like the general population. He called for international accountability and protection for civilians and humanitarian workers, describing the harm inflicted as violations of international law and likely war crimes. (August 19, 2024)
• During his meeting with U.S. Secretary of State Antony Blinken, Egyptian President Abdel Fattah el-Sisi emphasized that it is time to end the ongoing war in the Gaza Strip and return to reason and wisdom, advocating for peace and diplomacy. He highlighted the danger of the conflict expanding regionally, which could lead to unpredictable consequences. The official spokesman for the Presidency noted that preventing further bloodshed must be the primary goal for all parties. He stated that a ceasefire in Gaza should mark the beginning of broader international recognition of the Palestinian state and the implementation of the two-state solution, which he believes is essential for regional stability. (August 20, 2024)
• King Abdullah II of Jordan called on global actors to take immediate action to end the war on Gaza and unilateral measures in the West Bank, specifically in Jerusalem and Al-Aqsa Mosque/Al-Haram Ash-Sharif, to prevent the region from sliding into a regional war. The King also reaffirmed Jordan’s stance against attempts to displace Palestinians in the West Bank and Gaza. (August 20,2024)
• The UN Office for the Coordination of Humanitarian Affairs (OCHA) warned that relentless hostilities and repeated evacuation orders in Gaza continue to constrain aid operations that are already hampered by access constraints, fuel shortages, and other challenges. OCHA noted that the latest evacuation order from the Israeli authorities for parts of Salah ad Din road – a crucial passage for humanitarian missions – has made it nearly impossible for aid workers to move along this route. It added that the Coastal Road is not a viable alternative, as this route is now crowded with makeshift shelters for displaced Palestinians. As a result, convoy movements are extremely slow, and critical supplies and services, such as water trucking, are not reaching people in need. (August 20, 2024)
• UNRWA stated that children in Gaza are experiencing psychological stress beyond the bounds of childhood due to insecurity, shortages of food and water, and repeated displacement over more than ten months. UNRWA emphasized that it is working to alleviate the suffering of children and strengthen their psychological resilience using available resources. Also, it warned that ongoing military operations and repeated evacuation orders have forced families in Gaza into frequent displacement, noting that approximately 30,000 people now live in each square kilometer in the al-Mawasi area, compared to 1,200 people per square kilometer before the conflict. Meanwhile, Commissioner-General of UNRWA, Philippe Lazzarini, said: “Gaza is no place for children anymore. They are the first casualty of this merciless war. We cannot let the unbearable become a new norm. Enough.” (August 21, 2024)
• On the 55th anniversary of the attempted arson of the Al-Aqsa Mosque, the Organization of Islamic Cooperation (OIC) underscored the importance of preserving the historical and legal status of the holy sites in the occupied city of Jerusalem. The organization affirmed its rejection of any attempts to alter the city’s geographical or demographic character. It called on the international community, especially the Security Council, to end the ongoing aggression in the Gaza Strip, halt settlement, and enable the Palestinian people to regain their legitimate rights, including the right of return, and to establish an independent Palestinian state on the basis of June 4, 1967, with East Jerusalem as its capital. (August 21, 2024)
• Humanitarian Coordinator for the Occupied Palestinian Territory, Muhannad Hadi, stated that successive mass evacuation orders issued by Israeli forces have displaced 90 percent of Gaza’s residents since October 2023, often multiple times, exposing them to harm and depriving them of the essentials to survive. Hadi added that during August alone, the Israeli forces have issued 12 evacuation orders, forcing as many as 250,000 people to move yet again. The shortage of water and humanitarian supplies, as well as the deterioration of essential services, have exacerbated health conditions, leading to the spread of diseases such as hepatitis A and polio. He stated, “The way forward is as clear as it is urgent: protect civilians, release the hostages, facilitate humanitarian access, agree on a ceasefire.” (August 22, 2024)
• During the UN Security Council meeting on the situation on the ground in the Middle East, many representatives demanded an immediate ceasefire and the implementation of Security Council resolutions. Some also called for a humanitarian pause to ensure that polio vaccines can be safely delivered to the besieged and bombarded enclave, where the disease recently re-emerged after having been eradicated 25 years ago. Meanwhile, UN Special Coordinator for the Middle East Peace Process, Tor Wennesland, warned of the worsening situation in the region due to the war and called for an immediate ceasefire and the release of hostages. He emphasized the need to reduce violence in the West Bank and empower Palestinian security forces. He reaffirmed that the only solution is the two-state solution on the basis of the 1967 lines. (August 22, 2024)
• UN Special Rapporteur on the Occupied Palestinian Territories, Francesca Albanese, criticized what she described as a repetition of history. Albanese noted that “under the guise of ceasefire negotiations, Israel is trying to create the conditions for permanent occupation and more land grab.” Albanese asserted that the treatment of Palestinians under Israel’s unlawful occupation mirrors “a pattern of settler colonialism.” Commenting on the recent ICJ advisory opinion, she stated that the “political establishment continues to treat Palestine as ‘business as usual,’ which is entirely legally wrong.” Albanese emphasized that the ICJ’s ruling imposes cogent obligations to change course immediately. (August 22, 2024) 
• The UN Committee on the Elimination of Racial Discrimination (CERD) has published the final report of the ad hoc Conciliation Commission in the State of Palestine v. Israel case, concluding the inter-state procedure initiated by Palestine in 2018. The report emphasizes the need for concrete steps to delineate borders and end colonization and segregation in the occupied territories to protect both Palestinians and Israelis under the Convention. The Committee also calls for increased global efforts to address racial discrimination in the Israeli-Palestinian conflict. (August 22, 2024) 
• The Nordic countries (Denmark, Finland, Iceland, and Sweden) expressed their deep regret over Israel’s decision to no longer facilitate Norway’s representation to the Palestinian Authority (PA) and revoke the diplomatic status of Norwegian diplomats dealing with the PA. They stated that this has led to the closure of the Norwegian Representative Office in Palestine and disruption of consular services for some of their citizens. They viewed this decision as a setback against the fulfillment of the Oslo Accords and the two-state solution and called on Israel to reconsider it. They emphasize that the current situation requires more diplomacy to promote de-escalation and foster stability. (August 22, 2024)
• Commissioner-General of UNRWA, Philippe Lazzarini, reported that the World Health Organization (WHO) has confirmed that a 10-month-old baby in Gaza has become paralyzed due to polio. This is the first case recorded in more than 25 years. Lazzarini added that delaying a humanitarian pause will increase the risk of spread among children. (August 23, 2024)
• The spokesman for the Egyptian Presidency, Ahmed Fahmy, stated that Egyptian President Abdel Fattah el-Sisi and US President Joe Biden are making intensive efforts  to secure a ceasefire in the Gaza Strip and facilitate the exchange of detainees. Both presidents stressed the importance of the concerned parties’ commitment to overcoming obstacles and showing flexibility to finalize the agreement. (August 23, 2024)
• In her speech accepting the Democratic Party’s nomination at the Democratic National Convention, U.S. Vice President Kamala Harris emphasized that she and President Biden are working around the clock to secure a deal on hostages and a ceasefire in Gaza. She reaffirmed her steadfast support for Israel’s right to defend itself, stating that “the people of Israel must never again face the horror that a terrorist organization called Hamas caused on Oct. 7.” Harris acknowledged the devastation in Gaza over the past ten months, with many innocent lives lost and people suffering from hunger and displacement. She highlighted the ongoing efforts to end the war while ensuring Israel’s security, securing the release of hostages, alleviating suffering in Gaza, and allowing the Palestinian people to achieve their rights to dignity, security, freedom, and self-determination. (August 22, 2024)
• In a 49-page memorandum submitted to the court, the Chief Prosecutor of the International Criminal Court (ICC), Karim Khan, urged the judges to “urgently” rule on his request for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and others connected to the war in Gaza. Khan asserted that the court has the authority to issue these warrants and emphasized that and emphasized that “any unjustified delay in these proceedings detrimentally affects the rights of victims”. (August 23, 2024)

Publications of human rights NGOs:

• Human rights lawyers filed a lawsuit to the High Court in London concerning the torture of Palestinians in the Gaza Strip and their subsequent lack of medical treatment in hospitals. The lawyers are also seeking an order to prevent the UK government from continuing to grant arms export licenses to British companies that sell weapons to Israel. (August 19, 2024) 
• The Palestinian Journalists’ Syndicate condemned the assassination of journalist Ibrahim Mahareb by the Israeli occupying forces, targeting him and fellow journalists with shells and tank bullets in Hamad area west of Khan Younis. The Syndicate also confirmed that the crime was part of Israel’s systematic policy of killing Palestinian journalists. (August 19, 2024)
• Amnesty International stated that governments’ brazen flouting of Arms Trade Treaty rules leading to devastating loss of life. It highlighted that the continued transfer of arms to Israel is a stark example of the failure by state parties to fully comply with the Arms Trade Treaty. Amnesty International’s Researcher on Military, Security and Policing, Patrick Wilcken, said: “Amnesty International has long been calling for a comprehensive arms embargo on both Israel and Palestinian armed groups because of longstanding patterns of serious violations of international human rights and humanitarian law, including war crimes.” (August 19, 2024)
• Badil Resource Center for Palestinian Residency and Refugee Rights published a new position paper titled “A Critical Analysis of the Biased Review of UNRWA’s Neutrality.” The paper critiques the independent review of UNRWA’s neutrality mechanisms and safeguards, warning of the strategic risks to UNRWA’s impartiality and continuity posed by the review’s recommendations, which are influenced by unfounded Israeli accusations. The paper highlights the review’s bias towards Israel’s colonial narrative and its disregard for ongoing Israeli crimes against UNRWA staff and infrastructure in Gaza. It concludes that the review adopts definitions of neutrality and terrorism aligned with those of Israel and its allies. The center recommends revising the review to ensure adherence to international humanitarian principles and to prevent Israeli interference in UNRWA’s work. (August 19, 2024)
• The Palestinian Centre for Human Rights (PCHR) vehemently condemns the escalating and deliberate targeting and killing of journalists by Israeli Occupying Forces (IOF) during their ongoing genocidal campaign against Palestinian civilians in the Gaza Strip. The number of journalists killed since the beginning of the aggression rose to 169, including 13 female journalists. The Center stressed that targeting journalists aims to isolate victims and prevent documentation of Israeli crimes, calling on the international community to provide them with protection and hold the perpetrators of these crimes accountable as war crimes. (August 20, 2024)
• 7amleh – The Arab Center for Social Media Advancement published a new study by researcher Saeed Abu Mualla titled “Digital Security Among Palestinian Youth: A Study on Threats and Challenges in Light of the War on Gaza.” The study reveals multiple violations of digital rights by the Israeli occupation, digital platforms, the Palestinian Authority, as well as individuals and private companies. The findings show that 50% of participants experienced “identity theft” attacks, 55% faced “harassment” and “electronic surveillance,” and 60% reported feeling fear and insecurity, leading them to practice self-censorship. (August 20, 2024)  
• Satellite images analyzed by the “Forensic Architecture” team between November 2023 and July 2024 have revealed the construction of a new Israeli military corridor east of Gaza City. This is the second Israeli corridor running from east to west after the “Netzarim corridor” corridor. The new corridor is part of Israel’s military infrastructure aimed at establishing a permanent presence in the northern occupied Gaza Strip. Israeli forces have cleared the farms and orchards of the displaced Abu Suffiyeh family in Beit Hanoun to create this corridor, which provides Israel with direct access to Gaza City. (August 20, 2024)
• The Norwegian Refugee Council (NRC) released a report calling on the international community, including the United States and the European Union, to intervene and protect Palestinian communities after Israeli settler violence in the northeast of the West Bank caused the largest wave of forcible transfers of Palestinian communities since 7 October. NRC noted that three communities comprising 119 Palestinians have been forced out over the past 10 days after Israeli settlers attacked community members in their homes, erected new settler outposts and blocked access to water. Two communities, Al-Farsiya Khallet Khader and Al-Farisiya al-Zu’bi, have been completely depopulated, while only one family remains in the third community, Ein al-Hilweh – Um al-Jmal. (August 21, 2024)
• Doctors Without Borders/Médecins Sans Frontières (MSF) project coordinator, Jacob Granger, stated that “the continuous forced displacement of people is inhumane. People have no belongings left, nowhere left to go. There is no room to put tents up.” MSF reported that after Israeli forces issued new evacuation orders for Deir Al-Balah and Khan Younis, the number of displaced people has risen to 1.9 million. MSF medical coordinator, Julie Faucon, said: “We are seeing an increase in skin conditions such as scabies—most linked to the lack of water and hygiene products.” Additionally, at least 24 NGOs, including Save The Children, reported that the evacuation orders have impacted aid operations by closing aid warehouses, thereby hindering the distribution of essential supplies and affecting health services, including polio vaccinations. (August 21/22, 2024)
• Save The Children UK expressed deep sorrow following the news of six children being killed, including ten-year-old quadruplets and their mother, in Israeli airstrikes on Gaza. The organization stated, “We simply cannot accept the violence that Palestinian children continue to face as normal.” It called on the UK government to “immediately suspend all arms sales to the Government of Israel given the clear risk they might be used to commit serious violations of international humanitarian law.” (August 22, 2024)
• Four human rights organizations, including the Campaign Against Arms Trade and the Global Legal Action Network, issued a statement condemning the British Labour Party. Despite being in power for 50 days, the party has failed to suspend export licenses for arms transfers from the UK to Israel. This, according to the organizations, means that the UK continues to provide material and political support for the genocide Israel is committing against Palestinians. The organizations stated, “Given the overwhelming evidence of the most egregious violations of international law, including war crimes, crimes against humanity and genocide, it is implausible that the government’s review has not yet reach a conclusion, as Palestinians continue to be slaughtered.” (August 23, 2024)

Research and academic studies (in Arabic and English): 

• The Institute for Palestine Studies has published a new study by researcher Dr. Anis F. Kassim titled: “Israel’s 2018 Nation-State Law: The Zionist Apartheid Manifesto”.

Opinion Pieces and features:

• Al Jazeera published an opinion piece by Samer Jaber, titled: “Solidarity with Palestine must be about decolonisation, not just ceasefire”. (August 18, 2024)
• Mondoweiss published an opinion article by Rifat Kassis, titled: “Why the Israeli ‘peace camp’ disappeared”. (August 18, 2024)
• EJIL:TALK! published an article by Kai Ambos, titled: “Complementarity and the German Amicus Curiae Submission in the ICC Palestine Arrest Warrant Proceedings”. (August 19, 2024)
• Mondoweiss published an opinion piece by Jonathan Ofir titled: “65% of Israeli Jews oppose criminal prosecution for soldiers suspected of raping Palestinian detainees”. (August 19, 2024)
• EJIL:TALK! published an opinion piece by Jinan Bastaki, titled: “Whose reasonable inference? The ICJ’s Advisory Opinion and the threshold for apartheid’s mens rea”. (August 22, 2024)
• Le Monde published an article by its Netherlands correspondent, Stéphanie Maupas, titled: “International Criminal Court Faces Constant Pressure Over Gaza and Israel.” The article reports that to prevent the issuance of arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, Israel, along with several Western countries, has intensified efforts to undermine the Court. (August 22, 2024)
• EJIL:Talk! published an article by Aeyal Gross titled: “Transcending the Jus ad Bellum/Jus in Bello Divide: “Illegal Occupation” and “Unlawful Presence” in the ICJ Advisory Opinion on the Occupied Palestinian Territory”. (August 23, 2024)
• +972 Magazine published an article by Meron Rapoport titled: “Israeli Society’s Dehumanization of Palestinians is Now Absolute.” The article argues that while Israel’s moral debate over its military actions in the past may have been narrow and hypocritical, at least it existed. This time, however, there is none. (August 23, 2024)

Legal Achievements/Impacts for Palestine:

• British diplomat, Mark Smith, based at the British Embassy in Dublin, resigned in protest against British arms sales to Israel, and criticized the UK’s involvement in possible war crimes. Smith, who was serving as Second Secretary in the Counter-Terrorism Department, explained that there was no justification for continued arms sales to Israel, and accused the British government of ignoring his concerns about the legality of these sales. He also pointed out that the system for arms export licenses lacks transparency and robustness. (August 18, 2024)
• The Palestinian Kickboxing Federation successfully included a clause to freeze the membership of the Israeli Federation in the agenda for the General Assembly meeting of the International Federation ‘WACO,’ scheduled for Sunday, August 25, in Budapest, during the World Kickboxing Championship. The Palestinian Federation made this request in response to the damage inflicted on Palestinian sports by Israeli aggression. (August 22, 2024)

Human rights conferences and events:

• The Commission of Detainees Affairs and Al-Aseer Club launched a special electronic link for families of Gaza detainees to report detainees and those missing since the start of the war. The link aims to create a database about detainees, reveal their fate, and follow up on them later. The Commission and the Club called on families in all governorates of the Gaza Strip to use the link to fill out data. (August 21, 2024)

Upcoming human rights opportunities and events:

• 7amleh – The Arab Center for Social Media Advancement invites employees of human rights organizations and civil society institutions from within the Green Line to participate in a specialized training course titled “Digital Advocacy for Social Change.” The course covers advanced training in digital presence, building successful campaigns, writing petitions, dealing with Western media, and reputation management. This course is designed to enhance the capacities of Palestinian human rights workers within the Green Line and will be held over five weeks at the center’s headquarters in Haifa. To register, click here