PALESTINE’S LEGAL SCENE –Issue.248

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

 29 Sep. – 5 Oct. 2024

Issued every Sunday by Law for Palestine

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

 Translation: Ferdous Abdul Hamid and Asmaa Louzon

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 National Council condemned the brutal bombing by Israeli occupation aircrafts on the tents of displaced persons west of Khan Younis, which resulted in the deaths of over 26 civilians. It also denounced the massacres committed in Nuseirat refugee camp and east of Khan Younis, where more than 45 people, including women and the elderly, were killed. Additionally, It condemned the Israeli bombing of Al-Sawarha School in Nuseirat and the demolition of a church and three agricultural rooms in Beit Jala in the West Bank. The council called on the international community to urgently intervene to hold the occupation accountable. (October 1-2, 2024)
• The Palestinian Ministry of Foreign Affairs condemned the Israeli systematic targeting of UN Secretary-General António Guterres, labeling him as a persona non grata. It affirmed that Israeli human rights violators and war criminals should be the ones classified as persona non grata. The ministry stated that “these Israeli actions are organized, state terrorism against international organizations, and prominent global figures such as the UN Secretary-General,” and aimed at undermining their work and silencing their voices. It urged all states and international organizations to reject this Israeli position and identify it as “a rogue state acting against international law,” calling to impose sanctions on it. (October 3, 2024)
• The Palestinian National Council condemned the intrusions of settlers and extremist groups into the courtyards of Al-Aqsa Mosque under the pretext of Jewish holidays, stressing that these practices represent a flagrant violation of the sanctity of the mosque and the rights of citizens in Jerusalem. It called on the international community to pressure the occupation government to respect the historical and legal status of Jerusalem. The Council also condemned the massacre committed by the Israeli occupation army in Tulkarm camp, which resulted in the deaths of more than 18 civilians and many injuries. It stressed that this bloody aggression is a war crime and a mass execution. (October 3-4, 2024)

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

• The Israeli High Court rejected a petition demanding the government release the body of Walid Daqqa, an Arab-Israeli citizen who died in  prison after a long battle with cancer. It stated that the decision of Defense Minister Yoav Gallant, approved by the security cabinet, to keep hold of Daqqa’s body did not exceed the boundaries of the principles of reasonableness or proportionality. It also viewed that holding Daqqa’s body is a necessary means to use it as leverage in negotiations with Hamas for the return of the hostages abducted on October 7. (September 30, 2024)
• Israeli Finance Minister Bezalel Smotrich announced his intention to demand during the Cabinet meeting the expulsion of the families of what he described as the savage terrorists who carried out the attack in Jaffa, from Hebron to Gaza, as well as completely demolish their homes to serve as a warning to others. He emphasized that this would be carried out without the High Court and without the B’Tselem organization. (October 1, 2024)
• Israel’s Minister of Foreign Affairs Israel Katz declared that “UN Secretary-General António Guterres persona non grata in Israel and banned him from entering the country.” He stated that Guterres has not “denounce the massacre and sexual atrocities committed by Hamas murderers on October 7, nor has he led any efforts to declare them a terrorist organization.” Katz noted that Guterres “gives backing to terrorists” and “will be remembered as a stain on the history of the UN.” (October 2, 2024)

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

• Saudi Arabia announced the provision of monthly financial support to the State of Palestine and the Palestinian people, aimed at alleviating the suffering caused by the Israeli occupation and its flagrant violations of all international laws and norms. The Kingdom affirmed its ongoing efforts with the international community to reach a ceasefire and protect civilians, as well as its commitment to finding a just solution to the Palestinian issue that enables the Palestinian people to establish their independent state with East Jerusalem as its capital. (September 29, 2024)
• The United Nations Satellite Centre (UNOSAT) has released the ninth update of its assessment of the damage inflicted on buildings in the Gaza Strip, which shows that two-thirds of the total structures in the strip have sustained damage. The center reported that 66% of the damaged buildings in the Gaza Strip account for 163,778 structures. This includes 52,564 structures that have been destroyed, 18,913 severely damaged, 35,591 possibly damaged structures, and 56,710 moderately affected. (September 30, 2024)
• The UN Office for the Coordination of Humanitarian Affairs (UNOCHA) has warned that without unimpeded access to Gaza, aid organizations are unable to adequately prepare for the rainy season, during which people’s needs are expected to increase further. It said that rains and flooding will only worsen the already dire living conditions in Gaza, raising the risk of health hazards, and may prompt further displacement of hundreds of thousands of people. (September 30, 2024)
• UNRWA Commissioner-General Philippe Lazzarini stated that after almost a year, the war on Gaza has become an “endless nightmare”, adding that the Strip has become unlivable. Lazzarini affirmed that the people of Gaza are facing disease, death, and hunger, with mountains of garbage and sewage filling the streets, and are now trapped in 10 percent of the land after being in a state of constant movement in search of safety that they never found. (September 30, 2024)
• UN Women released a report titled “Gaza: A War on Women’s Health,” focusing on the severe health crisis affecting women and girls in Gaza as a result of the ongoing conflict. It revealed the collapse of the healthcare system, with 84% of healthcare facilities destroyed while basic healthcare is inaccessible. The report calls for an immediate ceasefire and urgent delivery of humanitarian aid and medical supplies to prevent further deterioration. (September 30, 2024)
• Turkish President Recep Tayyip Erdoğan affirmed that “the international community can no longer remain silent to Israel’s banditry that drags the entire region into the fire.” He urged the international community and the Islamic world to take action to achieve peace for all the region’s inhabitants, calling on Islamic countries to adopt a firmer stance against the injustices occurring in Palestine and Lebanon. During a joint press conference with the Finnish president, Erdoğan reiterated his call for an immediate and permanent ceasefire and emphasized the necessity for the recognition of the State of Palestine. (September 30 – October 1, 2024)
• UNOCHA reported that the Israeli bombardment of Gaza continues from the air, land, and sea, resulting in civilian casualties, displacement and destruction of civilian infrastructure in the Gaza Strip. The office added that ground operations are ongoing, including in areas south of Gaza City, as well as Deir al-Balah, Khan Younis and Rafah. It explained that UN partners working to provide food assistance warned that, due to the ongoing shortages in supplies, more than 1.4 million people across Gaza did not receive their monthly food rations in late September. (October 1, 2024)
• The Saudi Arabia cabinet reaffirmed its commitment to the establishment of an independent Palestinian state based on the 1967 borders, with East Jerusalem as its capital. The cabinet reiterated the call for an immediate cessation of hostilities and all violations of international law, demanding accountability for those hindering peace efforts. It emphasized the need to expedite the reform of the UN Security Council to enhance its credibility. (October 1, 2024)
• Following the Iranian attack on Israel, UN Secretary-General António Guterres condemned the broadening of the Middle East conflict, emphasizing the need for a ceasefire. (October 1, 2024)
• The Maldives field a declaration of intervention in the case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa vs. Israel) under Article 63 of the Court’s Statute. Maldives President Mohamed Muizzu stated that “Israel must be held accountable for its unlawful acts in Gaza,” emphasizing that “Israel must cease its genocidal acts against the Palestinian people.” (October 1-2, 2024)
• UNRWA Commissioner-General Philippe Lazzarini warned of the spread of hunger in Gaza, noting that “nearly 70 percent of crop fields have been destroyed,” forcing the entire population “to exclusively rely on humanitarian aid.” He stated that “over 100.00 metric tons of food supplies are stranded outside Gaza due to access restrictions, insecurity, damaged roads, and the breakdown of law and order.” He called for an urgent ceasefire. (October 2, 2024)
• The Gulf Cooperation Council (GCC) reaffirmed its support for the Palestinian people, strongly condemning the Israeli aggression against Gaza and the West Bank. The Council called for an immediate and permanent ceasefire in Gaza, the end of the blockade on the Strip, and emphasized the importance of the unconditional opening of all crossings. It also highlighted the necessity of ensuring the delivery of all humanitarian aid, medical supplies, and basic necessities to the residents of Gaza. (October 2,2024)
• UNOCHA warned that “health facilities in Gaza continue to face severe supply shortages due to obstacles hindering the entry of humanitarian aid, as well as a growing backlog of health supplies and equipment awaiting entry into Gaza.” (October 2, 2024)
• UN Secretary-General António Guterres issued a report concerning the expansion of Israeli settlements in the occupied West Bank. The report revealed a significant rise in settler violence against Palestinians, which often occurs with the support of Israeli security forces. Guterres urged Israel to halt all demolitions and forced evictions of Palestinians, and to cease activities that contribute to creating a coercive environment or the risk of forcible transfer. (October 2, 2024)
• The Secretary-General of the Organization of Islamic Cooperation (OIC), Hissein Brahim Taha, strongly condemned and denounced Israel’s declaration of UN Secretary-General António Guterres as a “persona non grata.” He considered this action as a clear violation of Israel’s obligations as the occupying power, according to the UN Charter and relevant resolutions. The OIC Secretary-General emphasized that this stance is a result of ongoing defamatory actions taken by Israeli representatives against the United Nations, including targeting UNRWA and impeding the access of representatives from the High Commissioner for Human Rights, the Independent Commission of Inquiry, and the Special Rapporteurs to the State of Palestine. He urged the international community to fulfill its obligations and compel the Israeli occupation to adhere to the applicable UN resolutions and mandate. (October 3, 2024)
• The Food and Agriculture Organization of the United Nations (FAO) and the United Nations Satellite Centre (UNOSAT) published an Agricultural Damage Assessment in the Gaza Strip from October 7, 2023, to September 1, 2024. The assessment, based on satellite data, revealed an increase in damage to agricultural lands and infrastructure, with 67.6% of Gaza’s agricultural lands and 44.3% of greenhouses being affected. This has exacerbated the ongoing humanitarian crisis and the hunger crisis resulting from the conflict. (October 3, 2024)
• OIC condemned the escalating Israeli war crimes in the occupied Palestinian territories, including the massacre in Tulkarm camp, which resulted in the death of 18 people and the injury of dozens, as well as eight other massacres in the Gaza Strip within 24 hours, leading to the death of 99 civilians and the injury of 169 individuals. The organization considered these crimes blatant violations of international humanitarian law and human rights, calling for the perpetrators to be held accountable before international forums, including the International Criminal Court (ICC). It called on the UN Security Council to assume its responsibilities and take urgent action to impose an immediate and comprehensive ceasefire on Israel’s heinous military aggression. (October 4, 2024)
• The Jordanian Ministry of Foreign Affairs and Expatriates condemned the Israeli occupation forces’ aggression on the Tulkarm refugee camp, which resulted in the deaths and injuries of dozens, in blatant violation of international law and international humanitarian law. The ministry stated that these ongoing attacks reflect Israel’s determination to escalate the conflict regionally and threaten the security and stability of the region. (October 4, 2024)
• UNOCHA reported that it visited the site of an attack on Tuesday night in the Maan area east of Khan Younis. It said that ambulances were unable to reach the area and evacuate the injured for several hours due to the ongoing incursion and shelling. The Office added that paramedics finally managed to reach the area hours later, but their bulldozer ran out of fuel while pulling bodies from under the rubble. It stressed that emergency teams in Gaza need to be able to save lives, which requires more fuel and equipment, and most importantly, aid workers need safe and unhindered access to the areas they need. (October 4, 2024)
• UNRWA reported that three of its schools in Gaza were hit by shelling, killing at least 21 people. The organization indicated that about 86% of UNRWA schools in Gaza have been subjected to shelling or damage, and that 1.4 million people did not receive their food rations in September. (October 4, 2024)
• The UN Human Rights Office strongly condemned the airstrike carried out by Israeli security forces (ISF) on a residential building in Tulkarem camp on the evening of 3 October that killed at least 18 Palestinians. The office said that the airstrike completely destroyed the targeted building and also damaged nearby houses, and that more fatalities may be trapped under the rubble. It confirmed that most of those killed were not armed or wanted by the ISF and were killed in their homes or while passing in the street. For his part, UNRWA Commissioner-General Philippe Lazzarini stated that “this was the deadliest day in the West Bank since October 7, 2023,” noting that “the protection of civilians in the West Bank continues to be disregarded.” (October 4, 2024)

Publications of human rights NGOs:

• A new Oxfam analysis has found that more women and children have been killed in Gaza by the Israeli military over the past year than the equivalent period of any other conflict over the past two decades. The figures show that more than 6,000 women and 11,000 children were killed, which Oxfam described as “appalling” figures. Oxfam called for an immediate and permanent ceasefire, the release of all hostages and illegally detained Palestinians, a halt to all sales of lethal weapons to Israel, and full humanitarian access to Gaza. It warned of international complicity by continuing to supply Israel with weapons without restriction. (September 30, 2024)
• Human Rights Watch has reported that the Israeli attacks and unlawful blockade against Gaza have inflicted profound suffering on children with disabilities, and explosive weapons have left many others with permanent disabilities. The organization emphasized that the ongoing siege of Gaza causes disproportionate harm to children with disabilities, who already face a precarious situation. It called on all countries to cease arms transfers to Israel, citing these actions as contributing to the violations of children’s rights. (September 30, 2024)
• Americans for Justice in Palestine Action (AJP Action) has condemned President Biden’s policy of appeasement toward Israeli Prime Minister Benjamin Netanyahu, stating that it is a strategy that has emboldened Israeli aggression and further destabilized the Middle East. The group argues that Biden’s unwavering support for Netanyahu’s government has exacerbated what they describe as genocide in Gaza and the West Bank, as well as the expansion of illegal settlements and increased violence against Palestinians. The organization urged the U.S. administration to cease military aid to Israel and to pressure for an end to human rights violations. (October 1, 2024)
• Physicians for Human Rights, alongside 17 health and human rights organizations, has issued a joint statement titled “Requirements and Principles for Upholding Palestinians’ Right to Health.” The statement emphasized that healthcare and food security for Palestinians will remain compromised and targeted as long as Israel’s military occupation and blockade continue. The organizations urged for immediate measures to ensure the protection and improvement of the health rights of Palestinians under these circumstances. (October 1, 2024)
• Ir Amim published a document titled “Education in East Jerusalem – 2024 Report” which stated that approximately 20,000 children in East Jerusalem whose educational whereabouts are unsure or unknown, meaning no one is looking after their well-being and educational rights. The report highlighted the need for an additional 2,447 classrooms in East Jerusalem to adequately accommodate all school-aged children. (October 1, 2024)
• The Palestinian Return Centre (PRC) held a meeting with Katarina Tapio, head of the Human Rights Section at the Rights section at the EU Delegation to the UN and International Organizations in Geneva. During the meeting, the PRC urged the EU to take a more assertive role in calling for an immediate ceasefire and increasing humanitarian support to the affected populations. PRC also expressed concerns regarding the torture of Palestinian prisoners and the destruction of EU-funded humanitarian projects in Gaza and the West Bank. (October 1, 2024)
• The Norwegian Refugee Council (NRC) stated that “a complete and lasting ceasefire is the only way to end the cycle of death, destruction, and loss for millions of civilians in the region.” The NRC explained that the needs of civilians in Gaza “remain so vast against aid supplies because of Israeli restrictions, the erosion of the social fabric, and a breakdown of law and order,” stressing that “all crossings into Gaza must be opened.” (October 1, 2024)
• Al-Amal Institute for Orphans in Gaza denounced the Israeli bombing that targeted one of its buildings, which houses hundreds of displaced civilians, the majority of whom are children and women. The Institute called on institutions concerned with children’s rights and international civil society organizations to fulfill their responsibilities in stopping the ongoing attacks against children. (October 2, 2024)
• Jewish Voice for Peace Action called on the Biden administration and members of Congress to take urgent action to stop the regional war in the Middle East and end Israel’s genocide in Gaza, including by halting U.S. arms supplies to Israel. The organization stated that the Biden administration’s claims of not wanting to ignite a regional war appear disingenuous, given that the U.S. government continues to provide billions of dollars in arms to Israel illegally and offers diplomatic cover for its systematic violations of international law. (October 2, 2024)
• The Palestinian Centre for Human Rights (PCHR) denounced the denial of thousands of sick and wounded Palestinian’  right to travel for treatment outside the Gaza Strip. PCHR emphasized that banning critical patients from immediate travel would lead to a slow and painful death. It noted that there are about 10,000 cancer patients in need of medical evacuation outside the Gaza Strip, with at least 200 cancer diagnoses surfacing monthly. (October 2, 2024)
• Oxfam published an accountability report titled “Gaza: 1 year on,” which reviews the first year of humanitarian response to the crisis in Gaza. The organization launched #CeasefireNOW campaign to urge governments to enforce a permanent ceasefire. The organization called on the international community to take immediate action to address the root causes of the conflict, ensure the rights of Palestinians, and work towards achieving lasting peace. (October 3, 2024)
• The FIFA Council approved decisions concerning the Palestinian Football Association and the Israel Football Association. The council recommended assigning FIFA’s Disciplinary Committee to investigate allegations of discrimination raised by the Palestinian Association. Additionally, it tasked the Governance, Audit, and Compliance Committee with investigating and advising the FIFA Council regarding the participation of Israeli teams in competitions held in Palestinian territories. (October 3, 2024)
• A report by the Delàs Center for Peace Studies, titled “The Armed Bank and Genocide in Gaza,” revealed that ten Spanish banks provided financing worth 3.8 billion euros for the production of weapons used in the genocide in Gaza between 2011 and 2024. The report details how these arms were deployed in Israeli attacks, leading to the deaths of over 40,000 Palestinians within a year. The Delàs Center advocates for “ethical financing” as an alternative, urging the rejection of investments in companies involved in weapons production. (October 3, 2024)

Opinion Pieces and features:

• Mondoweiss published an op-ed by Craig Mokhiber titled “Freedom Decree: The UN Resolution and the Movement to Liberate Palestine.” (September 29, 2024)
• Mondoweiss published an opinion piece by Abdaljawad Omar titled “Israel’s forever war and what comes next.” (October 2, 2024)
• Stockholm International Peace Research Institute (SIPRI) published an article by Zain Hussain titled “How top arms exporters have responded to the war in Gaza.” (October 3, 2024)
• The Guardian published an article by Owen Jones titled “What atrocity would Israel have to commit for our leaders to break their silence?”. (October 3, 2024)

Human rights conferences and events:

• Ninety-nine American physicians and healthcare specialists sent an open letter to President Biden and Vice President Harris, emphasizing the need for an immediate and permanent ceasefire by withholding U.S. military support for Israel. (October 2, 2024)
• Americans for Peace Now (APN) held a Webinar titled “UNRWA’s Continued Challenges.” During the webinar, participants including William Deere, the director of UNRWA’s Washington Representative Office, discussed a number of challenges currently facing the agency, primarily the Israeli military obstruction of aid to southern Gaza, as well as the actions needed to restore U.S. government funding to UNRWA. (October 2, 2024)
• Al Jazeera’s Investigative Unit released a feature exposing Israeli war crimes in the Gaza Strip through the medium of photos and videos posted online by Israeli soldiers themselves during the year long conflict. The Unit has built up a database of thousands of videos, photos and social media posts. Where possible it has identified the posters and those who appear. The film also exposes the complicity of Western governments – in particular the use of RAF Akrotiri in Cyprus as a base for British surveillance flights over Gaza. (October 3, 2024)