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

Jun 24
Today, #Israel is to report to the @CIJ_ICJ on the implementation of the order of provisional measures (24 May), including:
* Immediately halt its military offensive, and any other action in the #Rafah Governorate
* Maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic
services and humanitarian assistance
* Ensure unimpeded access to the #Gaza Strip of any commission of inquiry or other investigative body mandated by competent organs of the @UN @UN_HRCImage
* Since 24 May, 1,631 Palestinians were killed, and 6,453 were injured in Gaza, many of them in and around Rafah
* The Rafah crossing was destroyed by Israeli forces and remains inoperable
* Israel rejected the recent report by the HRC Commission of Inquiry and remains noncooperative
Israel brought the humanitarian operation to a near standstill, @eu_eeas High Representative @JosepBorrellF and @eu_echo Commissioner @JanezLenarcic issued a warning that "due to the ongoing military operations and the collapse of law and order in Gaza, our partners are forced to operate in an unacceptably unsafe environment [...] Operations are at risk of breaking down if no action is taken.
eeas.europa.eu/eeas/gaza-stat…
Read 6 tweets
May 24
BREAKING: @CIJ_ICJ decides by a vote 13-2 that #Israel shall immediately halt its military offensive in #Rafah. Image
The Order issued by the Court is without appeal, and according to Article 94 of the UN Charter, "Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party".
If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, "the other party may have recourse to the Security Council #UNSC, which may, if it deems necessary, decide upon measures to be taken to give effect to the judgment".
Read 7 tweets
May 23
While international attention is given to atrocity crimes committed by #Israel in #Gaza, its Parliament preceded - in a preliminary vote - with committing the crime of aggression - annexing the southern parts of the West Bank along with its numerous settlements. Image
The draft bill redefines the geography of the Negev Desert (in red) to include the metropolitan territory of #Israel and the "area", a synonym for occupied #Palestinian territory. The ancillary note explains the "desire for equality and non discrimination" between Israelis. Image
The backstory to Israel's 'annexation via policy measures', accelerated since 7 October under the fog of war:
Read 4 tweets
May 22
The journey to #Palestinian political independence and #statehood, a few milestones worth recalling in view of the decision of #Norway, #Ireland, and #Spain (and other WEOG states soon to follow):
1. In 1974, the UN General Assembly decided that the Palestinian people are the principal party to the question of political independence and permanent sovereignty of #Palestine, invested with a right to external self-determination and represented by the Palestine Liberation Organization #PLO.Image
Image
2. By 1988, the General Assembly, recalling Res. 181, calling for the establishment of an Arab and Jewish States, affirmed the State of # Palestine right to exercise sovereignty in the territory occupied since 1967. The right to self-determination was matched with a territory - creating a 'self-determination unit.'Image
Read 8 tweets
May 21
In 2019 I recovered this 7 July 1967 condimental memo from Theodor Meron, #Israeli MFA legal counsel, on the application of the Hague Regulations of 1907 and the Fourth Geneva Convention to territories just occupied by Israel and the prohibition on annexation. Image
If only legal counsel Meron was listened to then, Judge Meron would not have to conclude now that the evidence presented by the @IntlCrimCourt Prosecutor @KarimKhanQC "provides reasonable grounds to believe that #Netanyahu and #Gallant have committed war crimes and crimes against humanity."
Read 6 tweets
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

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