PALESTINE’S LEGAL SCENE –Issue.257

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

 1 – 7 December 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: Widad Hussein

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 Palestinian Ministry of Foreign Affairs has warned of the grave danger posed by racist Israeli calls to displace residents of the Gaza Strip, urging the international community to take these threats seriously and intervene immediately to prevent their implementation. The ministry also held Israel fully responsible for the deaths of prisoners Muhammad Idris and Moaz Rayyan inside Israeli prisons. It called on international bodies to urgently protect prisoners and halt ongoing crimes against them, including torture, medical negligence, sexual violence, and premeditated murder. (December 1, 2024)
• The Palestinian National Council strongly condemned statements by Israeli Minister Itamar Ben Gvir, in which he described the call to prayer (adhan) as “noise” and announced a decision to seize mosque loudspeakers within the Green Line. The Council emphasized that such measures constitute a blatant attack on freedom of worship. (December 1, 2024)
• The Palestinian Ministry of Foreign Affairs denounced the occupation forces’ deliberate mistreatment of martyrs’ bodies, leaving them in the streets for extended periods. It described this practice as a flagrant violation of international law and the Geneva Conventions. (December 2, 2024)
• The Palestinian Ministry of Foreign Affairs called for the imposition of effective international sanctions to stop settler terrorist attacks. It warned of the consequences of Israeli government policies that encourage settler militias to escalate attacks against Palestinians, their lands, and their properties. The ministry described current sanctions imposed by some countries on extremist settlers as insufficient and urged the adoption of stricter measures to combat the colonial settlement regime. (December 4, 2024)
• The Palestinian Ministry of Health renewed its urgent appeal to the international community, human rights organizations, health institutions, and the International Committee of the Red Cross to take immediate action to halt the Israeli occupation’s aggression against the health system. The ministry called for the protection of health facilities, the unimpeded entry of medical supplies, and the evacuation of the wounded for urgent treatment. The ministry stressed that the humanitarian catastrophe in Gaza has reached unimaginable levels, with a lack of safe living conditions and a severe shortage of potable water, fuel, electricity, and food. Only 17 out of 36 hospitals remain operational, all with severely limited capacity and at risk of total shutdown. Most ambulance and healthcare centers have been destroyed, with 1,050 health workers martyred and 136 ambulances destroyed to date. (December 5, 2024)

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

• National Security Minister Itamar Ben Gvir has instructed the Israel Police to ban mosques from broadcasting the Adhan (Islamic call to prayer) over loudspeakers, stressing that he is “proud” to introduce the policy. He argues that it will put an end to the “unreasonable noise” from mosques, which he claims has become a hazard to residents of Israel. Under the new policy, the police would have the authority to enter mosques and confiscate loudspeakers if they are found in use. Mosques found to be broadcasting the call to prayer would also be subject to fines. (December 1, 2024)
• Former Israeli Defense Minister Moshe Yaalon confirmed that Israel is committing war crimes and ethnic cleansing in the Gaza Strip. He noted that hardliners in Prime Minister Benjamin Netanyahu’s far-right cabinet are seeking to expel Palestinians from northern Gaza and re-establish Jewish settlements (December 1, 2024)
• Israeli National Security Minister Itamar Ben-Gvir said he is coordinating with Prime Minister Benjamin Netanyahu to encourage Gazans to emigrate from the Strip. He added that Netanyahu has been more receptive to the idea of incentivizing Gazan emigration, despite the fact that the proposal had previously faced resistance but is now being met with openness. Israeli Finance Minister Bezalel Smotrich has once again called for the occupation of Gaza and the establishment of settlements there, reiterating his opposition to a prisoner exchange agreement with Hamas and to the cessation of Israel’s ongoing military actions. (December 2, 2024)
• Israel pushed back against European criticism of its efforts to allow humanitarian aid into the Gaza Strip, claiming that it is facilitating the entry of aid and does not impose any restrictions on the quantity of aid entering Gaza Strip. Israel further asserted that international organizations have failed “to distribute the aid due to looting by Hamas”. (December 3, 2024)
• The Israeli  Finance Minister Bezalel Smotrich stated that he hopes to shut down the Civil Administration, the Defense Ministry body responsible for Israeli and Palestinian civil affairs in the West Bank, as part of Israel’s annexation of the West Bank  and  to create full normalization of Israeli rule. He confirmed that the Israeli government  sees it as  “a great opportunity” with the new US administration, noting that work has already begun on preparing an administrative plan for implementing this project in coordination with Prime Minister Benjamin Netanyahu. (December 5, 2024)
• The Israeli  Finance Minister Bezalel Smotrich announced the confiscation of 24,000 dunams (5,930 acres) of land in the occupied West Bank, declaring it “state land” . He noted that “this step aims to create a settlement sequence, build land reserves for Israel to develop settlements, infrastructure and roads, and guarantee that it will continue to strengthen the settlements”, and “thwart the establishment of a Palestinian state”. (December 6, 2024)

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

• UNRWA announced a pause in aid delivery through Kerem Shalom, the main crossing point for humanitarian aid into Gaza, due to dangerous conditions and the inability to ensure safe delivery of assistance and staff safety. UNRWA confirmed that the responsibility for protecting aid workers and supplies lies with the State of Israel, as the occupying power. (December 1, 2024)
• The Humanitarian Coordinator for the Occupied Palestinian Territory, Muhannad Hadi, stated that four humanitarian workers in Gaza were killed by Israeli airstrikes in Khan Younis. He confirmed that the continued killing of humanitarian workers is an unacceptable violation of international law and further exacerbates the catastrophic humanitarian situation. (December 1, 2024)

• In its final statement at the 45th session, the Supreme Council of the Gulf Cooperation Council condemned the continued Israeli aggression on the Gaza Strip, as well as the ongoing Israeli violations, which it described as war crimes and crimes against humanity. These violations include the mass killing of civilians, women and children, and the destruction of infrastructure, medical, and educational facilities. (December 1, 2024)
• United States(U.S) President-elect Donald Trump stated that if the hostages are not released prior to January 20, 2025— the date he assumes office as President of the United States— there will be “all hell to pay” in the Middle East. He said that those responsible will be hit harder than anybody has been hit in the long and storied history of the U.S. (December 2, 2024)
• Commenting on former Israeli Defense Secretary Moshe Yaalon’s statement that Netanyahu’s government is committing war crimes and ethnic cleansing in Gaza, U.S. Senator Bernie Sanders stated that terrorism cannot be fought by starving populations or killing tens of thousands of civilians. He expressed hope that more Israeli military leaders would follow Yaalon’s example and speak out against the Israeli government’s policies in Gaza. (December 2, 2024)
• The Cairo Ministerial Conference to Enhance the Humanitarian Response in Gaza discussed the catastrophic humanitarian crisis in Gaza and the Israeli military operations that have caused widespread human losses and unprecedented destruction. The conference called for increased joint efforts to open more crossings, permit the entry of more goods, remove access restrictions, and re-establish rule-of-law mechanisms in Gaza to enable humanitarian aid delivery. It also stressed the need for Israel to respect its obligations under international humanitarian law. (December 3, 2024)
• At the Cairo Ministerial Conference for Strengthening the Humanitarian Response in Gaza, Amina Mohammed, speaking on behalf of UN Secretary-General António Guterres, urged the international community to support efforts to deliver critical aid to Gaza. She emphasized the importance of laying a foundation for sustainable peace, stating that humanity is being tested. UNRWA Commissioner-General Philippe Lazzarini highlighted that Palestinians are living through a “dystopian nightmare.” He explained that despite the loss of 249 of its staff members, UNRWA remains the backbone of the humanitarian response and warned against the implementation of Knesset legislation aimed at ending its operations. Lazzarini also reported that Gaza is facing a disability epidemic, noting that prior to the war, one in five households included a person with disabilities. According to the World Health Organization, one in four people injured during the current war has sustained life-changing injuries and will need rehabilitation services. (December 2–3, 2024)
• The Humanitarian Coordinator for the occupied Palestinian territory (oPt), Muhannad Hadi, warned that Gaza is experiencing a complete collapse in basic living conditions, with inadequate food, water, sanitation, shelter, health care, and education, while residents live under the constant threat of violence. He stressed that the international community has a legal and moral responsibility to exert effective pressure on Israel to halt the ongoing violations against Palestinians, and called for the protection of civilians, emphasizing the need for states to act to end the attacks on Gaza. (December 2, 2024)
• The UN Special Rapporteur for Palestine, Francesca Albanese, reported receiving alarming accounts of Israeli Occupation Forces conducting military operations and assaults in the northern West Bank. She noted that reports of civilians and medical personnel being arrested, detained, or killed are currently under verification. Meanwhile, in Gaza, attacks on highly vulnerable civilians persist amidst a severe shortage of food and other essential supplies. Albanese reiterated the International Court of Justice’s advisory opinion that Israel must withdraw its troops from the occupied Palestinian territories. She emphasized that it is time for the UN to deploy a protective presence to safeguard the Palestinian population and prevent further harm. (December 3, 2024)
• The Office for the Coordination of Humanitarian Affairs in the oPt issued a report warning of severe shortages of medical supplies and consumables, which hinder the Gaza Strip’s ability to provide basic health care. According to the report, UNRWA warned that at least 60 medicines will be depleted at its health facilities by the end of the year. (December 3, 2024)
• The United Nations General Assembly adopted two resolutions on Palestine by majority vote. The first, titled “Peaceful settlement of the question of Palestine” (document A/79/L.23), stressed the urgent need to commit to a Middle East peace process and called on Israel, the occupying power, to comply with international law, including ceasing all settlement activities and evacuating settlers from the oPt. The second resolution, titled  “Division for Palestinian Rights of the Secretariat” (document A/79/L.24), requested that the Secretary-General continue to provide resources and ensure that the Division carries out its work effectively. (December 3, 2024)
• The State of Qatar has called on the international community to continue providing sufficient support for humanitarian response plans and operations for Palestinian refugees and displaced persons. It emphasized the need to strengthen the UNRWA’s ability to fulfil its mandate and expressed firm rejection of any attempts to diminish or terminate the agency’s role, strip Palestinians of their refugee status, or undermine their cause. (December 3, 2024)
• The United Nations General Assembly resumed its 10th Emergency Special Session to discuss Israeli violations in the occupied Palestinian territories, at the request of the leaders of the Arab Group, the Organization of Islamic Cooperation, and the Non-Aligned Movement. General Assembly President Dennis Francis stated that the Security Council had failed in its role to maintain international peace and security, calling on the General Assembly to take the lead in addressing the Palestinian situation. (December 4, 2024)
• The General Secretariat of the Arab League emphasized its firm rejection of the forced displacement of residents from Gaza, the West Bank, or East Jerusalem by Israel. It stressed the necessity of protecting the rights of Palestinian refugees, including their right to return to their homes, and rejected attempts to dismantle UNRWA. (December 4, 2024)
• The Guardian reports that Australia has deviated from the traditional US position and decided to support a UN resolution calling for an end to Israel’s occupation of the Palestinian territories, voting with 156 other countries at the UN to demand an end to “unlawful presence in the Occupied Palestinian Territory as rapidly as possible”. Australia’s ambassador to the UN said his country would support the resolution, titled “Peaceful settlement of the question of Palestine”, for the first time since 2001, to reflect the desire for international “momentum” toward achieving a two-state solution for Israel and Palestine. (December 4, 2024)
• UNRWA announced that in Deir al-Balah and across the Gaza Strip, families continue to face dire conditions. They are repeatedly displaced by ongoing attacks and seek shelter in overcrowded UNRWA schools and makeshift tents, struggling to access basic necessities. UNRWA emphasized that an immediate ceasefire and unrestricted humanitarian access are urgently needed to meet the growing needs. UNRWA also highlighted that the Israeli government has intensified its disinformation campaign against the agency, using commercials, including billboards in multiple cities worldwide, and paid Google ads on various websites. (December 4, 2024)
• The Director-General of the World Health Organization, Tedros Adhanom Ghebreyesus, highlighted that Kamal Adwan Hospital in northern Gaza was attacked once again, resulting in casualties. He called for the protection of all health workers, patients, and health facilities, as well as an immediate ceasefire to safeguard lives and ensure access to healthcare. He also clarified that at least 12,000 patients across Gaza still need medical evacuation to survive. (December 4-5,2024)
• S. Senator Tom Cotton introduced legislation mandating that all official U.S. documents and materials use the term “Judea and Samaria” instead of “West Bank.” He argued that this designation aligns with Israel’s historical and religious claims to the land. (December 5, 2024)
• Poland has confirmed its commitment to cooperating with the International Criminal Court (ICC) regarding arrest warrants issued for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant. The Secretary of State at Poland’s Ministry of Foreign Affairs, Andrzej Szejn, confirmed that Warsaw stands ready to support the court’s decisions, noting that immunity traditionally granted to heads of state does not apply in this instance. (December 6, 2024)
• The U.S. Supreme Court has agreed to review the legality of a law that permits Americans injured by “acts of terror” to sue the Palestinian Authority and the Palestine Liberation Organization (PLO) for damages in U.S. courts. At issue now is whether the law violates the Fifth Amendment’s Due Process Clause protections by forcing the groups to consent to federal courts’ authority on Palestinian groups. (December 6, 2024)
• The Secretary-General of the United Nations António Guterres confirmed that “The catastrophe in Gaza is nothing short of a complete breakdown of our common humanity”. He confirmed that The nightmare must stop. stressing that “We cannot continue to look away”. (December 7, 2024)

Publications of human rights NGOs:

• Israel Hayom revealed a field plan for settlement expansion in the West Bank, which includes establishing four new settlements, expanding the powers of settlement regional councils, applying Israeli law to Palestinian areas, dismantling the Palestinian Authority in favour of local authorities under Israeli administration, and creating new cities for Israeli settlers in strategic locations. The plan also outlines efforts to transfer Israelis to the region during a potential second term of Donald Trump. (December 1, 2024)
• According to Mondoweiss, leaked documents reveal the extent of collaboration between a pro-Israel legal advocacy group and the Israeli government in efforts to “counter” the work of human rights organizations, including Human Rights Watch and Amnesty International. This cooperation reportedly includes submitting briefs to the International Criminal Court challenging its jurisdiction over crimes committed in Palestine. (December 1, 2024)
• A New York Times report revealed that the Israeli military has been expanding its presence in central Gaza in recent months. Soldiers have reportedly demolished over 600 buildings along a key road to create a buffer zone and have expanded a network of outposts equipped with communication towers and defensive fortifications. Satellite images show these fortifications include towers and defensive trenches, suggesting that Israel may be preparing for a prolonged presence in Gaza. (December 2, 2024)
• Drop Site reported that the Israeli company Libi Construction, which specializes in building settlements outposts in the West Bank, is now operating in northern Gaza, carrying out demolition work in the town of Beit Lahia near the northern border of the Strip, after the Israeli housing minister visited areas near Gaza to “explore” sites for resettlement (December 2, 2024)
• On the occasion of the International Day of Persons with Disabilities, Al Mezan Center for Human Rights highlighted the severe challenges faced by persons with disabilities in Gaza, including significant barriers to accessing healthcare, assistive devices, and basic services. The centre called for urgent international action to halt the war in Gaza, ensure access to rehabilitation, mobility aids, medical care, and essential services, and impose an immediate arms embargo on Israel to stop its attacks. (December 3, 2024)
• B’Tselem released a new report titled “Unleashed: Abuse of Palestinians by Israeli Soldiers in the Center of Hebron,” documenting testimonies from over 20 Palestinians who were randomly seized during the summer of 2024—whether from streets, checkpoints, or their homes—and subjected to severe physical abuse. B’Tselem Executive Director Yuli Novak stated that soldiers arbitrarily detained individuals going about their daily lives, inflicting beatings so severe that some victims lost consciousness, treating such actions as routine. The report highlights disturbing norms of violent conduct among Israeli soldiers aimed at dehumanizing Palestinians, underscoring that these are not isolated incidents or regulatory breaches but rather a systemic pattern of abuse. (December 3, 2024)
• Doctors Without Borders (MSF) has warned that patient care in Gaza is severely threatened as the humanitarian situation deteriorates, with humanitarian access to Gaza at its lowest level in months.
• The British government is forced to make a new decision on F-35 fighter jet exports, GLAN said. In a response to a letter from the organization, the British government confirmed that it is reviewing its previous decision that allowed the export of F-35 components to Israel. The organization said the only sensible decision the government should ultimately take is to stop the transfer of any UK weapons used by Israel against the Palestinians. (December 4, 2024)
• Amnesty International has released a landmark report accusing Israel of committing genocide against Palestinians in the Gaza Strip. The report details acts such as murder, torture, and the imposition of harsh living conditions, which are allegedly intended to destroy the Palestinian population in Gaza. Amnesty International Secretary-General Agnès Callamard urged the international community to intervene to halt these actions, emphasizing that countries supplying weapons to Israel, including the United States and Germany, must acknowledge their potential complicity in the genocide. The report also called on nations with influence over Israel to take immediate steps to end the atrocities. (December 5, 2024)

Opinion Pieces and features:

• Mondoweiss published an op-ed article by Bilal Irfan, Abdullah Gali and others titled: “Blocking humanitarian medical aid in Gaza is a death sentence”. (December 1, 2024)
• Counter Punch published an article by Arvind Dilawar titled: “Israel’s “Red Cross” Contributes to Apartheid in The West Bank”. (December 1, 2024)
• Arabic Center Washington DC published an article by Mtanes Shihadeh, titled: “UNRWA Closure as Prelude to the Elimination of Palestinians’ Right of Return”. (December 2, 2024)
• Haaretz published an article titled: “Smotrich’s Man for the Judaization of East Jerusalem”. (December 2, 2024)
• Haaretz published an op-ed article titled: “Israeli Prisons for Gaza Detainees Cannot Become a Black Hole of Human Rights Violations”. (December 2, 2024)
• The New Humanitarian published an investigation by Riley Sparks, Hajar Harb, Omar Nabil Abdel Hamid, and Eric Reidy, titled: “Targeted aid killings: How Israel starved a population and sowed chaos in northern Gaza”. (December 3, 2024)
• Euro News published an article by Mared Gwyn Jones, titled: “Fact check: Where do EU countries stand on ICC’s arrest warrant for Netanyahu?”. (December 3, 2024)
• CNN published an analytical article by Tim Lister titled: “Netanyahu arrest warrant tests Western commitment to international law”. (December 4, 2024)
• Mondoweiss published an article by Miles Howe titled: “Genocide as Charity: a critical look at the Mizrachi Organization of Canada”. (December 4, 2024)
• CounterPunch published an article by the writer John Whitbeck titled: “A Strategically Timed ICC Arrest Warrant Request”. (December 5, 2024)
• The New York Review published an article by James A.Goldston and Aryeh Neier titled: “The ICC: The Myth and Reality”. (December 6, 2024)

Legal Achievements/Impacts for Palestine:

• The University of Leipzig in Germany canceled a planned lecture by Israeli historian Professor Benny Morris titled “The 1948 War and Jihad,” following student protests against him because of comments in recent interviews that they described as “offensive and racist.” The University clarified that the event had been planned as an opportunity for a critical discussion in a series on anti-Semitism, but it had to cancel it over students’ opposition and security concerns. From his side, Morris described the cancellation of the lecture as “disgraceful” and “appeasement”. (December 1, 2024)
• The Norges Bank Executive Board has decided to exclude and terminate its investment with the Israeli company “Bezeq”, due to an unacceptable risk that the company contributes to serious violations of the rights of individuals in situations of war and conflict, which constitutes an unacceptable risk in accordance with the guidelines of the Government Pension Fund Global. (December 3, 2024)

Upcoming human rights opportunities and events:

• The CUCI Interdepartmental Centre at the University of Parma, Italy, has announced a call for applications for two scholarships titled “Research Scholarships for Young Researchers from Universities in the Gaza Strip.” Each scholarship has a duration of 12 months and is valued at €24,500. Researchers will be selected through a competitive process based on the evaluation of qualifications and an in-person interview. Applications open on 15 November 2024 and close on 14 December 2024 at 11:30 PM.