Thread by @EpshtainItay

Earlier today, in 64 pages of legal perversion, the #Israeli High Court of Justice effectively rejected the @Gisha_Access petition to order the government to agree and facilitate humanitarian relief to the civilian population of #Gaza. A short thread:

1/5 At the outset, Israel's constitutional court held that Gaza was not under belligerent occupation, absolving Israel from the duties of an occupant to restore and ensure, as far as possible, public order and life in the occupied territory.

2/5 Petitioners rightly pointe at the International Court of Justice @CIJ_ICJ ruling of July 24' that Gaza remains under the authority of the hostile Israeli army, and the HCJ noted duties of the occupant towards the civilian population, commensurate with the degree of control.

3/5 However, the HCJ rejected the authoritative nature of the ICJ Advisory Opinion - which in this instance bases erga omnes obligations- limiting itself to internal legislation and jurisprudence with respect to duties of Israel in Gaza.

4/5 On the basis of partial application of the rules governing humanitarian relief in international armed conflicts (and situations of occupation), the Court conceded that Israel has a duty to agree and facilitate humanitarian relief necessary to meet essential needs in Gaza.

5/5 Rendering its decision moot, Israel's High Court of Justice found that changed circumstances (e.g., the total obstruction of aid to Gaza, including electricity) are non justiciable, leaving it to the petitioners to seek recourse and remedy in the future, should they wish.

PS. In 1947, 16 German jurists and lawyers stood trial in #Nuremberg, ultimately convicted of war crimes through the abuse of the judicial and penal process. All defendants, officials of the Nazi Ministry of Justice, and Judges of the Special Courts, pleaded not guilty. How would Israeli judges plead in the case of starving the civilian population of Gaza?

PPS 1/2. In the orders of provisional measures in the Genocide Convention case (@SAMissionNY v. #Israel), the @CIJ_ICJ ordered the latter to prevent and punish incitement to commit genocide, and to ensure the unfettered provision of humanitarian relief to #Gaza's people.

PPS 2/2. The Israeli court failed to abide by both legally binding orders, with Judge David Mintz recalling, in a separate opinion, the biblical commandment to annihilate Amalek as grounds for rejecting the IHL rule of distinction between civilians and military objectives.