Itay Epshtain Profile picture
Feb 16, 2022 8 tweets 6 min read Read on X
#SheikhJarrah - again the hotspot for disturbances and tensions caused by the heightened risk of forcible transfer and supplanting of its #Palestinian inhabitants with #Israeli settlers- has been at the epicenter of the Israeli-Palestinian conflict since its inception.
#SheikhJarrah is also the place where international humanitarian law #IHL saw a major development in relation to the protection of medical personnel and transports and the role played by the @ICRC and national Red Cross and Crescent Societies @ifrc:
On April 9, 1948, when militants from the Zionist paramilitary groups Irgun and Lehi killed an estimated number of 250 Palestinians, including women and children, in #DeirYassin, a village of roughly 600 people near #Jerusalem.
On April 13, 1948, in #SheikhJarrah, a convoy, escorted by Hagenah militia, bringing medical and military supplies and personnel to Hadassah Hospital, was ambushed by Palestinian forces. 78 Jewish doctors, nurses, patients, and Haganah militants were killed in the attack.
On that same day, the Jewish Agency requested that the @ICRC intervene over what they called a grave Arab violation of the Geneva conventions. An inquiry conducted found that the convoy had been relieving the armed unit at the Hadassah hospital and furnishing the troops with ammo
The @ICRC position was that medical units must move around unarmed and always separately from combat units. One had a choice between having recourse to armed protection, the protection of the Geneva Conventions, and the #RedCross emblem.
The following day, the @ICRC led a small column of vehicles under a Red Cross emblem while the following cars displayed the Red Star of David. The convoy passed without interruption, leading both sides to order that military operations be separated from medical assistance.
The place of attack in #SheikhJarrah lies between the present-day offices of the @ICRC_ilot and the @UKinJerusalem Consulate. Across the road, demolition and forcible transfer of Palestinians took place a few weeks ago, underscoring that now like then, respect for #IHL is key.

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More from @EpshtainItay

May 17
International Court of Justice #ICJ @CIJ_ICJ Judge Georg Nolte asks #Israel the question on the question on the mind of numerous humanitarians and legal scholars - how can it guarantee safety and proper accommodation for forcibly displaced Palestinians in #Gaza? Image
In particular, Jude Nolte asked for information on satisfactory conditions of shelter, hygiene, health, and nutrition in areas to which #Israel has forced Gazans, including the 600K forced from #Rafah to #AlMawasi most recently.
Proper accommodation, safety, and a guarantee that persons disputed shall be transferred back to their homes as soon as hostilities have ceased are the elements that distinguish an evacuation of a given area from forcible transfer, which is prohibited regardless of motive.
Read 6 tweets
Apr 30
While #Israel continues to consider a ground offensive in #Rafah, too often are the warnings of jurists and humanitarians that its rejection of the fundamental rules of the law of armed conflict - leading to atrocities - are disregarded. If you won't listen to us, perhaps you would Israel's head of the military justice system?Image
In her confidential letter to Israeli military commanders from February, the Military Advocate General writes: "#Israel's use of force, in general, is professional and lawful. However, we have encountered breaches of orders and norms, which include the use of force not justified by military necessity, including against [#Palestinian] detainees; pillage, including seizing private property with no military necessity; and the destruction of civilian property against orders. The instances cross from disciplinary infractions into criminality."Image
The "criminality" to which the #Israeli MAG refers is in fact, the grave breach of the Fourth Geneva Convention, which prohibits wilful killing, torture, or inhuman treatment, wilfully causing great suffering or serious injury, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.Image
Read 4 tweets
Apr 13
BREAKING: #Israel's Attorney General Gali Baharav-Miara admits, in a legal opinion submitted for review by the government tomorrow (Sunday), that it has annexed the occupied West Bank (in grave breach of international law). See for details: Image
1/3 The #Israeli government is set to allocate an additional 40 million ILS to 'Ariel University,' located in a West Bank settlement of the same name, due to its exclusion from international academic collaboration and exchange programs.
2/3 In her legal opinion, #Israel's Attorney General refers to 'Judea and Samaira' (the West Bank) as "geographic areas coming under the (authority) of the Government of Israel on 5 June 1967."
Read 5 tweets
Apr 8
BREAKING: #Israel's Ministry of Defense issued an 'Urgent Tender' due yesterday for 40,000 12-person tents. Simple math shows Israel is planning to accommodate 480,000 people, most likely #Palestinians forcibly displaced to #Rafah, as part of a planned ground offensive that would see them displaced again.Image
The political and practical arrangements for a #Rafah offensive continue; I would not read #Israel's redeployment of ground forces as the end of hostilities but as preparation for the next phase, which may prove to be even more devastating - bringing about mass displacement and deportation:
'Displace and replace,' remains the plan for the linchpin party of the Israeli government. Image
Read 4 tweets
Apr 5
@NRC_Norway calls for the immediate cessation of hostilities to avert further atrocities, after six months of unparalleled hostilities in #Gaza.
"The humanitarian crisis in #Gaza has reached catastrophic levels, with nearly the entire population forcibly displaced and facing dire shortages of essential goods and services for survival," said @NRC_Egeland, secretary general of @NRC_Norway.
#Gaza has become one of the world’s most dangerous areas, with civilians and aid workers facing unprecedented risks and indiscriminate attacks, in what amounts to gross and systemic violations of international law.
Read 10 tweets
Apr 4
BREAKING: In the #Israeli High Court of Justice hearing of the petition by @Gisha_Access to order the State to remove impediments to humanitarian relief to #Gaza, the State Council makes two interrelated arguments: Image
1/3 First, #Israel is not the occupying power in #Gaza, with respect to Art.42 of the Hague Regulations, as it is not under its actual authority, but under that of Hamas. Counsel would like to share facts an 'in camera' session. Image
2/3 Second, #Israel complies with Article 23 of the Fourth Geneva Convention and Article 70 of Additional Protocol I: as a belligerent - and not as an occupying power - it has allowed relief actions in #Gaza to be undertaken. Image
Read 4 tweets

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