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 (...)
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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1/3 While the suspension of privileges or expulsion of #Israel from @UN membership is contingent on action by the Security Council (and subject to the veto power of its permanent members), there is an underlying condition to Israel's membership. One that must be invoked.
2/3 Former @CIJ_ICJ President Salam noted in the 2024 Advisory Opinion that “resolution [181] forms a whole, whose terms must be read together and inseparably. In other words, neither Israel nor Palestine can claim to derive rights from the resolution while rejecting or ignoring the rights of the other party enshrined in the same text.” Thus, he concluded, “having undertaken to implement resolution 181, Israel is under a legal obligation not to hinder the exercise of the Palestinian people’s right to self-determination, or to oppose the proclamation of a Palestinian State by the representatives of the Palestinian people, and indeed it cannot do so without undermining its own rights, the existence of the two States being inextricably linked in the same legal instrument.”
2/3 bis. By suppressing the political independence and territorial integrity of #Palestine, #Israel is undercutting the basis of its admission to the @UN, and its duty to comply with the decisions of the Security Council according to Article 25 of the Charter. In May 1949, when it admitted Israel as a Member State of the United Nations, the General Assembly recalled resolution 181 and took note of Israel’s declarations “in respect of the implementation of the said resolution.”
Too often we hear that #Israel's pending announcement of annexation of occupied Palestinian territory, in whole or in part, is the inadvertent result of recognition of the State of #Palestine, an initiative led by @KSAmofaEN and @francediplo_EN, and perhaps best avoided. Nothing is further from the truth, Here are the temporal and substantive arguments:
1/3 On 28 December 2022, #Israel’s 37th Government was formed on the basis of a policy platform (enshrined as law), declaring that “the Jewish people has an inalienable right to the land of Israel. Following from the belief, the Prime Minister will formulate and promote a policy to apply sovereignty to Judea and Samaria, identifying the timing of which, according to Israeli national and international interests.”
Well before @NorwayMFA , @SpainMFA , @IrelandMFA_RBLX , and @MZEZ_RS recognized the State of #Palestine, and the @FCDOGovUK and @BelgiumMFA announced a similar intention, Israel decided to permanently acquire the West Bank, to the detriment of the Palestinian right of self-determination.
This has always been the plan, and the timing reflects Israel’s rejection of international law, not its upholding by third states.
2/3 In its 2024 Advisory Opinion, the International Court of Justice @CIJ_ICJ noted that all forms of annexation are equally prohibited, amounting to an act of aggression—the acquisition of territory by the threat or use of force —and concluded that Israel's presence in the oPt is unlawful.
The Court concluded in July of last year that the ”violations by Israel of the prohibition of the acquisition of territory by force and of the Palestinian people’s right to self-determination have a direct impact on the legality of the continued presence of Israel, as an occupying Power, in the Occupied Palestinian Territory. The sustained abuse by Israel of its position as an occupying Power, through annexation and an assertion of permanent control over the Occupied Palestinian Territory and continued frustration of the right of the Palestinian people to self-determination, violates fundamental principles of international law and renders Israel’s presence in the Occupied Palestinian Territory unlawful.”
Short of unconditionally and rapidly withdrawing its unlawful presence, nothing Israel does now would change the fact that it is committing an internationally wrongful act.
The legal maxim actus legis nemini facit injurium ("the act of the law does injury to no one") best describes the decision to recognize Palestine. No harm comes from it (and yet, harm was already caused by Israel).
In a statement issued last month, #Israel’s Ministry of Foreign Affairs @IsraelMFA made two of its tired and erroneous legal claims to the occupied #Palestinian territory of the West Bank and #Gaza (as was parroted by the ‘GREAT Trust’ exposed by @washingtonpost @catebrown12): The Uti Possidetis Doctrine and the Missing Reversioner Doctrine. Both were rejected by the International Court of Justice 2024 Advisory Opinion, as I will show in this thread:
1/6 In the context of international law, uti possidetis initially described the situation on the ground after an armed conflict, and the right to territory acquired through conflict. This notion of uti possidetis is no longer admissible since the established peremptory norm on aggression precludes the use of force for any acquisition of territory. Nevertheless, Israel knowingly bases itself on antiquated law.
The @CIJ_ICJ noted that following WWI, the territorial boundaries of Mandatory Palestine were laid down by various instruments. However, in November 1947, the UN General Assembly adopted Resolution 181, which included a “Plan of Partition” for the territory between two independent States, one Arab and the other Jewish, as well as the creation of a special international regime for the City of Jerusalem.
2/6 In reverting to uti possidetis and rejecting Resolution 181, Israel is undercutting the basis of its admission to the @UN, and its duty to comply with the decisions of the Security Council according to Article 25 of the Charter. In May 1949, when it admitted Israel as a Member State of the United Nations, the General Assembly recalled resolution 181 and took note of Israel’s declarations “in respect of the implementation of the said resolution.” Moreover, in November 1967, the Security Council unanimously adopted Resolution 242, which “emphasized the inadmissibility of acquisition of territory by war” and called for the “withdrawal of Israel armed forces from territories occupied in the recent conflict.”
BREAKING: The #Gaza Reconstruction Acceleration and Transformation Trust (GREAT), exposed by @washingtonpost, is the twisted brainchild of @BCG, commissioned by @POTUS and @SecRubio to design a great breach of peremptory norms of international law. A short thread:
1/4 The @UN International Law Commission codified in 2022 the peremptory norms of international law (jus cogens), from which no derogation is permitted, to include the prohibition of aggression and genocide, the basic rules of IHL, and the right of self-determination of peoples. The 'GREAT' aims to systemically breach these sacrosanct norms.
@UN 2/4 The foremost aim of 'GREAT' is the the acquisition of Gaza's territory by the use of force - by Israel and the US as co-conspirators - and the suppression of Palestinian political independence and territorial integrity.
1/3 This is Amichai Chikli, a blatant racist who serves as #Israel's Minister of 'Diaspora Affairs and Combating Antisemitism.' In a bid for political relevance - competing with other bigoted politicians who promote atrocities against #Palestinians - he set out to eradicate impartial humanitarian relief.
2/3 Come September 9, Chikli - according to his recent admission - will exclude independent and impartial humanitarian organizations from providing aid to Palestinians in dire need in the West Bank and #Gaza. Those who are allowed to stay and deliver would do so under condition of subservience to Israel's whims and illicit acts of forcible transfer, deportation and annexation. These are the "security, laws, and foreign policy" considerations espoused by Chikli.
3/3 Chikli - on behalf of Israel's government - rejectes the absolute duty of an Occupying Power to agree - on behalf of and in the interest of occupied peoples - offers of humanitarian relief made by impartial humanitarian organizations, and the corollary duty to facilitate their presence and activities. In other words, Israel has no latitude to refuse organizations on capricious, arbitrary or unlawful grounds.
#Israel is set to expand its #Gaza offensive, in what amounts to 'Debellatio.' A short thread on the supreme international crime: 1/3 war of debilitation is characterized by the unlawful intent and attempt to bring the complete destruction and disintegration of all public life and institutions.
2/3 Debellatio was a legal construct during a period when States were free to wage war for territorial gain. However, in contemporary international law, that would be an act of aggression.
3/3 The concept of 'debellatio,' including the complete and total defeat of an adversary, and the taking of "spoils of war" (the territory and sovereignty of the vanquished belligerent) has been outlawed. Time we call #Israel's war in #Gaza what it is - a crime of #aggression.