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Itay Epshtain

@EpshtainItay

Feb 25

What does #Russia in relation to #Ukraine have in common - from the perspective of (mis)application of international law - with #Israel in relation to #Palestine? The answer is the obscure 'Missing Reversioner Doctrine.' A thread:

In 1968, with the nascent #Israeli occupation of #Palestinian territory, Prof. Yehuda Blum penned the ‘The Missing Reversioner: Reﬂections on the Status of Judea and Samaria’. Blum argued that there were no reversionary rights of an ousted legitimate government to the territory

In other words, he concluded that ‘those rules of belligerent occupation directed to safeguarding that sovereign’s reversionary rights had no application to #Israel’s control of the #WestBank and #Gaza. Hence, Israeli possession comes from an absolute title, not an occupation.

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Itay Epshtain

@EpshtainItay

Feb 24

In #UkraineInvasion the jus ad bellum - resorting to armed force, and jus in bello - rules regulating the conduct of hostilities, intersect. Recognizing and understanding intersectionality is key to a well reasoned and effective response - normative, humanitarian, and political.

The prohibition against the use of force amongst states and the exceptions to it (self-defence, and UN authorization for the use of force), set out in the UN Charter, are the core ingredients of jus contra bellum.

Article 2(4) provides that "all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations."

Read 8 tweets

Itay Epshtain

@EpshtainItay

Feb 19

What does the imminent (or possible) #UkraineInvasion have to do with the prolonged occupation of #Palestine? Here are my thoughts on the failure of the international community to prosecute the crime of aggression.

Resolution 3314, adopted by the UN General Assembly in 1974, defines aggression as “[t]he invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack (...)

or any annexation by the use of force of the territory of another State or part thereof.” The international community had failed in ending #Israeli belligerent occupation of #Palestinian territory for 55 years and likewise failed to prevent annexation, de jure, and de facto.

Read 8 tweets

Itay Epshtain

@EpshtainItay

Feb 18

#Israeli Annexation of #Palestinian territory on hold, following the #AbrahamAccords? Nothing further from the truth. Here is why:

@naftalibennett

Since the @naftalibennett - @yairlapid government was sworn in on 13 June 2021, 661 #Palestinian structures were destroyed, including 122 @EUpalestinians @eu_echo funded humanitarian relief structures, adversely affecting 11,361 persons.

Since August 2020, Israel established 25 new settlement outposts or satellite neighborhoods - in violation of international law - and in areas most disruptive to the territorial integrity of a future State of #Palestine.

Read 5 tweets

Itay Epshtain

@EpshtainItay

Feb 17

@cogatonline

BREAKING: According to @cogatonline, in the last five years, #Palestinians in Area C were granted 33 building permits, while during the same period, settlers - transferred to occupied territory in violation of #IHL - were granted over 16,500 building permits. Annexation de facto.

The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. It is intended to prevent a practice adopted during the Second World War by certain Powers (...)

which transferred portions of their own population to occupied territory for political and racial reasons or in order, as they claimed, to colonize those territories. Such transfers worsened the economic situation of the native population and endangered their separate existence.

Read 16 tweets

Itay Epshtain

@EpshtainItay

Feb 16

#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.

@ICRC

#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.

Read 8 tweets

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