Itay Epshtain Profile picture
Jun 25, 2022 23 tweets 22 min read Read on X
On Monday, the @UN Security Council will address the implementation of #SCR2334, with @UNSCO_MEPP presenting the biannual implementation report. In the lead-up to the debate, @NRC_Norway briefed most Council Members; here is what I had stressed:
The resolution demanded that #Israel immediately and completely cease all
settlement activities in occupied #Palestinian territory, including East Jerusalem,
and that it fully respects all of its legal obligations, including under the Fourth Geneva Convention #IHL.
In blatant disregard of the authoritative guidance of the #UNSC and peremptory norms of international law, consecutive #Israeli governments established 279 settlements, transferring 800K of its nationals to the territory of #Palestine; 1 out of 10 Israelis is now a settler.
During the first six months of 2022 alone, under the @yairlapid - @naftalibennett government, 2,525 settlement housing units were constructed - in grave breach of international law - introducing an additional 12,250 #Israeli settlers to occupied #Palestinian territory.
#IHL prohibits the transfer of an occupier's population to occupied territory for political and racial reasons or, as @ICRC holds, "to colonize those territories (...) transfers worsened the economic situation of the native population and endangered their separate existence."
Nevertheless, the #Israeli settlement population has increased by 53% since 2010, outstripping population growth in Israel proper. This is indicative of the deliberate and industrious acquisition of #Palestinian territory, and to the absolute detriment of the Palestinian people
#Israeli settlements are not established on "terra nullius" and are not expanded in a vacuum. Since #SCR2334 was adopted, 4,452 Palestinian structures in the path of perpetually expanding settlements were destroyed, disenfranchising 117,600 Palestinians.
To remedy the injury of #Israeli practices associated with settlement expansion, @eu_echo, @EUCouncil Member States, @DFID_UK, and @NorwayMFA provide communities at risk - through @NRC_Norway - with humanitarian relief. 972 such structures were destroyed since December 2016.
Since the beginning of the year, @ochaopt documented 327 # Palestinian-owned structures and those provided as humanitarian relief destroyed by #Israel. 91% of demolitions occurred within 3km of built-up settlements, as they continue to expand at the expense of Palestinians.
.@IsraelMFA @IsraelinUN were adamant that the Security Council does not hear this lucidly on Monday, but let us state the truth in this matter. The @yairlapid - @naftalibennett government had done more to put #Palestinians at risk of forcible transfer than previous governments:
According to @peacenowisrael, there was a 62% increase in settlement construction under the current government, and a 26% increase in settlement housing units planned, and likely to be populated in the nearby future. Plans allow for the transfer of an additional 25,000 settlers.
During the same period under @yairlapid and @naftalibennett, @ochaopt and @NRC_Norway documented a 35% increase in demolitions, compared with previous @netanyahu governments, and the prominence of mass forcible transfers (e.g. Humsa, Ras a-Tin, and Masafer Yatta).
With #Israeli settlements closing in on #Palestinian communities, we witnessed under the @yairlapid @naftalibennett government a 45% increase in settler violence directed against Palestinians and their property, with almost absolute impunity.
On Monday, @AlMissionUN will preside over the #UNSC as it reflects on #SCR2334 and the obligation it undertook to examine all available measures to secure its implementation (...)
We look forward to principled statements by concerned Members with whom we regularly engage: @franceonu @UKUN_NewYork @USUN @Brazil_UN_NY @IndiaUNNewYork @irishmissionun @KenyaMissionUN @MexOnu @NorwayUN @UAEMissionToUN @Palestine_UN
They could reflect the unvarnished truth of #Israeli perpetual occupation of #Palestinian territory: 7,292 settlement housing units planned a year (up 26% under @lapid, adding 35K settlers) and the corollary destruction of 641 Palestinian homes (up 35% under the same Lapid gov).
They could also reflect the state of international law. #Israel is violating peremptory norms of international law, including the prohibition on aggression, basic rules of international humanitarian law, and the right of #Palestinians to self-determination.
The legal consequences of internationally wrongful #Israeli behavior should be clearly communicated. States will not recognize, aid, or assist its wronging of #Palestinians and will cooperate to bring such conduct to a swift end. #ARSIWA
Appraising the efficacy of #SCR2334 leads to an inevitable conclusion. To date, it has not prevented #Israel from committing documented grave breaches of #IHL. Despite continuous attempts by @IsraelinUN @giladerdan1 to obfuscate and suppress, we come to the following conclusion:
#Israeli acts which #SCR2334 meant to prevent were not redressed, and rise to the level of acts of aggression, as defined in #UNGA resolution 3314 (1974): "The 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."
Was reminded that on this day, 75 years ago, nations came together united in strength to maintain international peace, security, and human rights. Is it too much to expect that such a will would appear again and nations take to resolve the question of Palestine?
What if tomorrow UNSC members instead of calling on @giladerdan1 @IsraelinUN - to no avail - to negotiate with @Palestine_UN the closing of a perpetual occupation that denies a people of their right to self determination, would offer conciliation, arbitration or judicial remedy?

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More from @EpshtainItay

Sep 27
There is a cynical political calculus behind #Israeli rejection of ceasefire arrangements in #Gaza and #Lebanon. A short thread on how the adoption of Israel's State Budget and #USElection2024 fate these efforts to deescalate: Image
1/5 Israeli constitutional law provides that a State Budget is tabled by 31 October 24', and approved by 31 March 25', or else the government defaults to general elections. Netanyahu and his coalition partners push for a biannual budget to ensure long-term political survival.
2/5 The lynchpins of budget approval are Bezalel Smotirch (Religious Zionism) and Itamar Ben-Gvir (Jewish Power). The budget that they would approve would grant financial support to an open-ended war in Gaza and Lebanon and the colonization of occupied #Palestinian territory. Image
Read 6 tweets
Sep 12
BREAKING: The Government of #Israel submits to the High Court of Justice that after 11 months of - debilitating and atrocious war in #Gaza - it has not accomplished 'effective control' in any part of Gaza, has not displaced any of Hamas's governmental functions, and is therefore not the occupying power (with commensurate obligations under #IHL).Image
Facts described are either an admission of a colossal military failure that has cost the lives of tens of thousands of Palestinians and the wanton destruction of Gaza, or entirely false. As the International Court of Justice @CIJ_ICJ ruled in July: before October 23' and even more so since, Israel had effective control of Gaza.Image
Israel, according to the ICJ decision, has obligations as the occupant of Gaza commensurate with its effective control. Irrespective of any decision by the Israeli constitutional court, it cannot invoke the provisions of its internal law as justification for its failure to perform its obligations under international humanitarian law.Image
Read 4 tweets
Sep 3
Last night #Israel's #Netanyahu showcases a map outlining the annexation of the occupied #WestBank, and a similar fate awaiting #Gaza. The @CIJ_ICJ determined Israel's presence in #Palestinian territory to be unlawful, an act of aggression that must end. Israel must be induced to comply.Image
The assertion that #Israel will maintain alien rule over #Palestinians is matched by an inflammatory battle cry on settlers' social media, targeting the few Israelis in solidarity with Palestinians: "On the path to expel or annihilate all enemies, foreign and domestic." Image
This is the #Israeli 'Partition Plan' for #Gaza: 1/3. Gaza City (in yellow) will be left in ruins and uninhibited, to its north permanently acquired territory settled by Israel, to its south the Netzarim Corridor, an impassable barrier and "humanitarian hub." Image
Read 6 tweets
Aug 26
Does #Israel issue 'evacuation orders' to #Palestinians in #Gaza? It does not. What it does is forcibly transfer them, in grave breach of #IHL. A thread to explain the factual and legal inappropriateness of using the term 'evacuation' with respect to Israeli conduct. Image
1/5 Art. 49 (1) of the Fourth Geneva Convention provides that:
"Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory (...) are prohibited, regardless of their motive."
2/5 The prohibition on forcible transfer is absolute. It has no exception, save those that are included in Article 49 (2) of the Fourth Geneva Convention, being temporary evacuations intended to protect the displaced persons themselves at the time of hostilities.
Read 7 tweets
Aug 18
BREAKING: This afternoon, Bezalel Smotrich - the Minister overseeing #Israel's unlawful occupation of #Palestinian territory - visited the outskirts of Bethlehem, vowing to bring an unprecedented wave of demolitions upon Palestinian homes, livelihoods and donor-funded humanitarian aid.Image
In its recent Advisory Opinion, the International Court of Justice @CIJ_ICJ determined that #Israel’s planning policy in relation to the issuance of building permits, and in particular its practice of property demolition for lack of a building permit to be in serious breach of international law, and inate to its continued unlawful presence in #Palestinian territory.Image
The Court concluded that all states are under an OBLIGATION not to recognize as lawful, aid or assist #Israel's unlawful presence and consider action required to "bring to an end as rapidly as possible the unlawful presence of the State of Israel in the Occupied #Palestinian Territory."
Read 6 tweets
Aug 15
Settler violence against #Palestinains is attributable to the State of #Israel and its central and local government: 1. Settler violence is instructed, directed, and controlled by the state. 2. Settler violence is committed by persons exercising government authority. 3. Settler violence is aided and supported by State organs, including Ministries, regional and local settlement councils.Image
The law of State responsibility for internationally wrongful acts attributable to it allows the international community as a whole to employ lawful countermeasures to ensure Israeli compliance with peremptory norms of international law, seriously and systematically breached through settler violence.
The adequate response to the upsurge of settler violence, including the deadly incident tonight, is to subject Israeli ministries and the ministers who head them, and local government and heads of regional and local settlement councils to financial restrictions and travel bans.
Read 5 tweets

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