PALESTINE’S LEGAL SCENE –Issue.246

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

15 – 21 September 2024

Issued every Sunday by Law for Palestine

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

 Translation: Um Kulthoom Sharif and Maissaa Abdelqader

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.

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 Education and Higher Education condemned the continued Israeli attacks on Palestinian educational institutions and schools. The latest incident included the indiscriminate shooting at Dar al-Kalima University in Bethlehem, the storming of Birzeit University in Ramallah, and the brutal assault by settlers on students and teachers at the Badou al-Kaabneh School in Jericho. The Ministry called on all humanitarian, human rights, and media organizations to expose these violations and press for their cessation. (September 17, 2024)
• Palestinian President Mahmoud Abbas welcomed the resolution of the UN General Assembly, stating that the endorsement of the resolution by two-thirds of the Assembly’s members was an international affirmation of the justice of the Palestinian cause and a victory for the inalienable right of the Palestinian people to self-determination and the establishment of their independent state. He called on the international community to take all necessary individual and collective measures to compel Israel to implement the resolution. The Palestinian Ministry of Foreign Affairs also welcomed the resolution. (September 18, 2024)
•  The Palestinian National Council condemned the execution of three young men in Qabatiya, south of Jenin, which occurred during the siege of their home, where they were targeted with rocket-propelled grenades (RPG) in an attempt to demolish the home. The council described this crime as part of a series of war crimes and an extension of the systematic ethnic cleansing policies committed by the occupation in the Gaza Strip. It called for bringing the perpetrators of these crimes to international courts. (September 19, 2024)
• During a joint press conference in Madrid with Spanish Prime Minister Pedro Sánchez, Palestinian President Mahmoud Abbas stated that Spain’s decision to recognize the State of Palestine reflects its commitment to the right to self-determination and the justice of the Palestinian cause after 76 years of injustice. He called on the international community to implement the International Court of Justice’s (ICJ) advisory opinion to end the occupation and allow the Palestinians to achieve independence. Abbas emphasized Palestine’s determination to assume its authority in Gaza, the West Bank, and East Jerusalem, and highlighted the need to halt aggression and begin reconstruction efforts. He also reaffirmed Palestine’s pursuit of full membership in the United Nations. For his part, Sánchez reaffirmed Spain’s commitment to the two-state solution as the path to ending the conflict and stressed the importance of a ceasefire and providing humanitarian aid. (September 19, 2024)

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

• Israeli Finance Minister Bezalel Smotrich criticized the resolution adopted by the UNGA to end the occupation of Palestine, viewing it as further evidence of the Palestinian Authority’s hostility toward Israel. He affirmed his commitment to continue the fight against its legitimacy and work to eliminate the idea of a Palestinian state, which he considers an existential threat to Israel. (September 18, 2024)
• Media reports indicated that Israel proposed an offer in Washington DC to end the war in Gaza, which included the release of all hostages in exchange for allowing Hamas leader Yahya Sinwar safe passage out of the Gaza Strip, demilitarization of Gaza, and establishing an alternative governing power. The proposal also includes the release of several Palestinian prisoners. The Israeli Prime Minister’s Office claimed that Benjamin Netanyahu had accepted all U.S. proposals for the release of the captives, including the final mediation proposal, while Hamas rejected all these offers. (September 18/19, 2024)
• The Israeli Foreign Ministry spokesperson condemned the UN resolution calling for an end to the Israeli occupation of the Palestinian territories within a year. He described the resolution as “one-sided” and “distorted,” noting that it does not take into account Israel’s security needs. He added that the resolution undermines the chances for peace and ignores the basic principle underlying all peace agreements between Israel and its neighbors, which stresses that the resolution of the conflict can only be achieved through direct negotiations between the two parties. The Israeli Foreign Ministry again denounced the resolution, arguing that it encourages “unilateral moves” against Israel, which will not contribute to ending the conflict. (September 18-19, 2024)
• Israel submitted an official challenge to the International Criminal Court (ICC) regarding the court’s jurisdiction, as well as challenging the legality of the prosecutor’s requests for arrest warrants against Israel’s prime minister and defense minister. Israel argued that the prosecutor violated the court’s statute and the principle of complementarity by not giving Israel the opportunity to exercise its right to investigate the claims raised by the Prosecutor, before proceeding. (September 20, 2024)

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

• UNOCHA reported that the issuance of mass evacuation orders in Gaza, without ensuring the availability of safe and suitable places for the displaced, continues to exacerbate the already dire humanitarian situation of hundreds of thousands of people. This situation is leading to family separations and the erosion of social protection systems, particularly for women and children. (September 16, 2024)
• The World Food Programme (WFP) stated that “with every evacuation, humanitarian distribution points and hot meals operations must shut down and start again.” (September 16, 2024)
• The UN Special Rapporteur on the situation of human rights defenders, Mary Lawlor, stated that “There is literally no place left for human rights defenders and civil society actors to continue documenting the litany of human rights violations to which Israel is subjecting the people of the Gaza Strip.” She added that the Israeli military continues to “intentionally starve and kill civilians while human rights defenders face enormous challenges conducting their peaceful work…despite provisional measures issued by the International Court of Justice (ICJ) aimed at preventing acts of genocide in Gaza and the illegal occupation of Gaza.” (September 16, 2024)
• During a Security Council session, two UN officials reaffirmed the urgent need for a ceasefire and unhindered humanitarian access, and the protection of civilians and infrastructure in Gaza. They warned that in the absence of a sustainable political solution, the cycle of suffering is expected to continue. UN Senior Humanitarian and Reconstruction Coordinator for Gaza, Sigrid Kaag, stated that the situation is “sober and sombre” and emphasized the responsibility of the international community in addressing the tragedy of the war in Gaza. (September 16, 2024)
• At the conclusion of a meeting between the Secretary-General of the Arab League, Ahmed Aboul Gheit, and the UN Special Coordinator for the Middle East Peace Process, Tor Wennesland, both officials emphasized that while humanitarian work is critically important in the upcoming phase, it must be accompanied by a political process that addresses the fundamental issue of the ongoing Israeli occupation of Palestinian territories. (September 16, 2024)
• UNOCHA stated that it “has not been able to access northern Gaza for 28 days,” where “around 22,500 people have life-changing injuries that need rehabilitation.” It noted that “multiple Israeli evacuation orders are hampering humanitarian efforts.” In a later statement, the office said it had gained access to northern Gaza for the first time in four weeks, but warned that access “remains extremely limited.” It indicated that “out of nearly 50 missions led by seven different UN agencies – all of which were fully coordinated with the Israeli authorities – only a quarter could cross into the north.” The office stressed that “when humanitarian missions are not facilitated, it deprives Palestinians in Gaza of the food, water, shelter, health and other services essential for their survival.” (September 16/17, 2024)
• UNRWA Commissioner-General Philippe Lazzarini announced that “the Israeli authorities have stopped giving visas to heads and staff of the international NGO community.” He also mentioned that “increasingly, the Government of Israel is phasing out representation from humanitarian organizations or those engaged in reporting on the atrocities of this war and the impact on civilians.” Lazzarini called on Israel to lift the restrictions imposed on humanitarian organizations, especially in light of the escalating humanitarian crisis in Gaza, which requires increasing the presence of humanitarian organizations rather than a reduction. (September 17, 2024)
• The UN Special Rapporteur on Torture, Alice Jill Edwards, urged the release of all hostages in Gaza unconditionally and without delay. The independent UN expert said “The taking and holding of hostages are internationally unlawful acts and are also forms of torture and inhuman treatment.” (September 17, 2024)
• The UN General Assembly adopted a landmark resolution demanding that Israel end “its unlawful presence in the Occupied Palestinian Territory” within 12 months, based on the advisory opinion issued by the ICJ regarding the legal consequences of Israel’s policies and practices in Palestine. 124 members voted in favour of the resolution, 14 voted against, and 43 abstained. The resolution also called for the evacuation of settlers, dismantling the separation wall, making reparation for the damage caused by the occupation, and allowing all Palestinians displaced during the occupation to return. It also called upon all UN Member States to take concrete measures to address Israel’s ongoing presence in the Occupied Palestinian Territory, refrain from recognizing or assisting the Israeli occupation, avoid economic relations and arms transfers with Israel with regards to its occupation, and not to establish diplomatic missions in Jerusalem. It also called for the convening of a high-level international conference on Palestine and emphasized the UN’s continued responsibility to resolve the Palestinian issue. (September 17, 2024)
• A joint team from UNOCHA and UNRWA conducted an initial damage assessment in the Tulkarm refugee camp following the Israeli military operation. The team noted extensive damage believed to be caused by shoulder-fired explosive rockets and other munitions, affecting nearly 40 residential buildings and displacing around 200 people, including 90 children. Additionally, at least 500 other buildings were reported to be damaged. (September 18, 2024)
• The Hashemite Kingdom of Jordan discussed with a delegation from the ministerial committee assigned by the Joint Arab Islamic Extraordinary Summit responsible for international action to stop the war on Gaza, the latest developments in the region. He stressed the need to intensify efforts to reach an immediate and permanent ceasefire in the Gaza Strip and increase relief aid to the people of the Strip and work to find a political horizon to achieve a just and comprehensive peace based on the two-state solution. (September 18, 2024)
• Saudi Crown Prince and PM Mohammed bin Salman said that “the Palestinian issue is at the forefront of Saudi Arabia’s concerns”, renewing the Kingdom’s rejection and strong condemnation of the crimes of the Israeli occupation authority against the Palestinian people. He further said that the Kingdom will not stop its tireless work towards the establishment of an independent Palestinian state with East Jerusalem as its capital, affirming that the Kingdom will not establish diplomatic relations with Israel without that. (September 18, 2024)
• UN experts have warned that international order stands upon a knife’s edge, with most States failing to take meaningful steps to comply with their international obligations reaffirmed in the ICJ’s advisory opinion, which confirmed the illegality of Israel’s occupation of Palestinian territory. The experts noted that more than 50 days have passed since the opinion was issued, yet most states have not taken concrete steps to fulfill their international obligations. They emphasized that “devastating attacks on Palestinians across the occupied Palestinian territory show that by continuing to turn a blind eye to the horrific plight of the Palestinian people, the international community is furthering genocidal violence.” They called on states to take immediate action, including imposing a full arms embargo on Israel, canceling economic and academic agreements that support the occupation, holding individuals and entities involved in the crimes of the occupation accountable, and providing international protection for Palestinians. (September 18, 2024)
• Jordan, Saudi Arabia, Egypt, the UAE, Qatar, Kuwait, Oman, and Malaysia, along with the Organization of Islamic Cooperation, the Gulf Cooperation Council, the Arab Parliament, and the High Representative for Foreign Affairs and Security Policy of the European Union, expressed their welcome for the UN General Assembly resolution, which was adopted by a majority of 124 votes in light of the International Court of Justice’s advisory opinion on the illegality of the Israeli occupation. The resolution calls on Israel to end its illegal presence in the occupied Palestinian territories within 12 months. (September 18-19, 2024)
• Commenting on the lack of a positive vote on the UN General Assembly resolution to end the Israeli occupation within 12 months, a German Foreign Ministry spokesperson said that Germany abstained from voting on the resolution because it went beyond the scope of the advisory opinion of the ICJ, arguing that it set an unrealistic deadline for ending the occupation and did not adequately take into account Israel’s security interests and right to self-defense. He said that the ICJ’s advisory opinion is important, and that the German government reiterates its position that the settlement policy is a violation of international law, calling for direct negotiations between the parties. UK said it abstained not because it does not support the central findings of the ICJ advisory opinion, including that “Israel should bring an end to its presence in the Occupied Palestinian Territories as rapidly as possible,” but because the resolution does not provide sufficient clarity to advance peace based on a negotiated two-state solution. (September 19, 2024)
• UN Child Rights Committee has expressed grave concern about the high number of children in Gaza who have been killed, maimed, injured, missing, displaced, orphaned and subjected to famine, malnutrition and disease, as a result of the Israeli’s indiscriminate and disproportionate attacks. The Committee urged the immediate cessation of these attacks, ensuring safe and unrestricted humanitarian access to Gaza, and allowing the entry of construction materials needed for the reconstruction of homes and infrastructure. The Committee also expressed deep concern about the continued abduction and arbitrary detention of Palestinian children and called for an end to these practices, the release of detained children and the abolition of institutionalized detention and the use of torture against them. (September 19, 2024)
• The UN Special Coordinator for the Middle East Peace Process, Tor Wennesland, warned of the relentless expansion of Israeli settlements and escalating violence in the occupied West Bank, including East Jerusalem. He cautioned that these practices create an existential threat to the two-state solution. Helen Clark, a member of The Elders, criticized the UN Security Council’s failure to implement its Resolution 2334 (2016), raising an existential question about the Council’s ability to enforce its resolutions. (September 19, 2024)
• The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) announced that humanitarian workers reported being unable to import sufficient materials to provide protection from wind, rain and flooding as the second winter since the start of the war approaches, due to access restrictions. OCHA also reported that emergency medical teams have provided more than 1.4 million medical consultations so far in 2024, while the shortage of medical supplies continues to escalate. (September 19, 2024)
• The Deputy Executive Director of the United Nations Children’s Fund (UNICEF), Ted Chaiban, emphasized the need for a ceasefire to end the killing and injuring of children and enable the delivery of life-saving aid to Gaza. The UN official urged the need for a negotiated political solution. During his meetings with Israeli authorities, he called for increased access to humanitarian and commercial supplies, called for the protection of children, improved security measures and operating procedures for humanitarian workers, and facilitating the movement of separated and unaccompanied children. (September 19, 2024)
• According to Reuters, Germany has suspended arms exports to Israel due to legal challenges related to violations of humanitarian law. The German Ministry of Economy reported that Germany approved arms exports to Israel amounting to €326.5 million. However, by the end of August 2024, only €14.5 million in export permits had been issued. This decrease is attributed to lawsuits accusing Germany of violating international humanitarian law through its support of Israel. (September 19, 2024)
• The High Commissioner for Human Rights, Volker Türk, expressed outrage at the immense human suffering in the Gaza Strip, noting that Israeli restrictions and ongoing attacks are obstructing efforts to deliver humanitarian aid. He called for an immediate ceasefire and guaranteed aid access, as well as the release of hostages and an end to arbitrary arrests. He emphasized that the lack of respect for international law is a matter of international peace and security, that states cannot accept blatant disregard for international law, including binding Security Council resolutions and ICJ orders, and that all states, especially those with influence, must do everything in their power to ensure full respect for international law. (September 20, 2024)
• US Congress Representative Pramila Jayapal, alongside André Carson and Jan Schakowsky, announced the introduction of the “the UNRWA Funding Emergency Restoration Act of 2024”, which aims to end the US-imposed funding freeze on the agency, following allegations of the agency’s employees being linked to the October 7 Hamas attacks. Jayapal noted that the UNRWA provides vital services to more than 6 million Palestinian refugees, warning that de-funding would lead to further disasters in Gaza. (September 20, 2024)
• UN Special Rapporteur on the Occupied Palestinian Territories, Francesca Albanese, emphasized that Israel’s failure to ensure accountability for crimes committed against Palestinians constitutes a part of the destructive trajectory aimed to realize exclusive Jewish self-determination between the river and the sea. She pointed out that the continuation of this situation hinders the possibility to ensure safety for both Palestinians and Israelis. (September 21, 2024)

Publications of human rights NGOs:

• “7amleh” published a report titled ‘Palestinian Digital Rights, Genocide, and Big Tech Accountability.’ The report addresses the use of technology by the Israeli government to commit human rights violations, including the use of artificial intelligence to target Palestinians. It also highlights the role of tech companies in facilitating censorship, spreading harmful content, and monetising targeted advertisements that promote violence against Palestinians. The report discusses how censorship and internet shutdowns in Gaza violate international law and emphasizes the urgent need for accountability and strict regulations to prevent these technologies from being used for further violations.
• Over 100 unions, foundations, and associations across the Arab region condemned the” Human Rights Watch” report on the events of 7 October 2023, calling it biased and unreliable. They criticized the report for ignoring the colonial context and persecution of the Palestinian people, and for accusing Palestinian resistance factions of war crimes without providing concrete evidence. The groups demanded that the international organization immediately apologize and retract the report. (September 16, 2024)
• Fifteen organisations, including the Norwegian Refugee Council, issued a joint statement urging the international community to demand an immediate ceasefire, an arms embargo, and an end to Israel’s blockade of Gaza, which is currently obstructing 83% of food aid. The statement warned that nearly half a million people are at risk of starvation, with over two million facing severe shortages of food, medicine, and medical supplies. It also highlighted that 65% of the required insulin is unavailable, and critical infrastructure such as water networks and mills have been destroyed. The organisations called for strict adherence to international humanitarian law and the permanent opening of humanitarian corridors. (September 16, 2024)
• Each of Al-Haq, Palestinian Center for Human Rights (PCHR), Al Mezan Center, along with Amnesty International and 34 civil society organizations around the world, called on UN member states to adhere to the draft General Assembly resolution based on the ICJ’s Advisory Opinion on the “Legal Consequences Arising From the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem”. (September 17/18, 2024)
• As Israeli forces continue to bomb Gaza, Médecins Sans Frontières (MSF) reported that Gaza’s health system is on the brink of collapse. The organisation stated that with 19 out of 36 hospitals currently non-operational, field hospitals have become the last resort for providing lifesaving care. MSF also emphasised that an immediate and permanent ceasefire is the only solution to ensure the people of Gaza receive the critical healthcare they urgently need. (September 18, 2024)
• Amnesty International called on Israel to immediately implement the UN General Assembly’s resolution to end its illegal occupation of the Palestinian territory and to halt systematic discrimination against the Palestinian people. Agnès Callamard, the Secretary General of the organization, stated that “today’s resolution makes crystal-clear that Israel’s 57-year occupation of the Occupied Palestinian Territory, in flagrant violation of international law, cannot be allowed to continue any longer.” She emphasized that implementing the UNGA’s resolution is key to restoring faith in international law and a critical juncture for the International community. (September 18, 2024)

Opinion Pieces and features:

• Mondoweiss published an opinion piece by Mona Shtaya, entitled: “Israel is joining the first global AI convention, here’s why that’s dangerous”. (September 16, 2024)
• Le Monde published an article by Jean-Pierre, entitled: “The bloody repression of pacifist opposition to colonization in the West Bank”. (September 16, 2024)
• The Arab Renaissance Center for Democracy and Development published an opinion piece by Lex Takkenberg, Senior Advisor to the Palestinian Cause Program at the Renaissance Strategic Center, titled “The United Nations Role in the Question of Palestine: A Moral Imperative for Justice”. (September 18, 2024)
• The Guardian published an opinion piece by Omar Barghouti titled “Will the historic UN vote for sanctions on Israel change reality for Palestinians?”. (September 19, 2024)

Legal Achievements/Impacts for Palestine:

• Several prominent columnists at the British Newspaper Jewish Chronicle have resigned in protest over the publication of false and misleading reports about the war in Gaza. David Baddiel, Jonathan Freedland, David Aaronovitch, Hadley Freeman, and Colin Shindler announced they were ending their collaboration with the British newspaper after it was revealed that several articles written by former Israeli soldier Elon Perry about the war in Gaza were based on fabricated claims. Following a comprehensive investigation, the newspaper announced that it ended any association with Perry and removed his stories from its official platforms. (September 15-16, 2024)
• The German ‘Pop-Kultur’ Festival has dropped the apartheid Israeli embassy from its list of sponsors for the second year in a row, following over seven years of global pressure campaigns led by the Boycott, Divestment, and Sanctions (BDS) movement. Since 2017, more than 20 artists have heeded the call to boycott the festival in response to the BDS movement’s efforts. (September 16, 2024)

Human rights conferences and events:

• Palestine Legal and the Council on American-Islamic Relations (CAIR) filed a lawsuit against the University of Maryland after the university canceled a solidarity vigil organised by “Students for Justice in Palestine” in collaboration with “Jewish Voice for Peace” to honour the victims of the Gaza genocide. The university canceled the event after granting permission to hold it, under pressure from anti-Palestinian groups. The suit accuses the university of unlawful discrimination and violating the First Amendment to the US Constitution, which guarantees freedom of speech. (September 17, 2024)

Upcoming human rights opportunities and events:

• The Boycott, Divestment and Sanctions (BDS) movement announced global protests under the slogan “Global Week of Action demanding Chevron cut its contracts with Israel and end its support for Israel’s genocide against Palestinians in Gaza” from September 23 to 27 in front of hevron offices, gas stations, refineries, and recruitment events. The movement noted that these protests come against Chevron supplying Israel with fossil gas, energy, and paying millions of dollars in taxes, helping to fuel Israel’s systems of apartheid and settler colonial violence. (September 20, 2024)