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

Nov 25
ALERT: Time to call #Israel's bluff on domestic investigation and prosecution of war crimes, and argument of complementarity (alleging inadmissibility before the @IntlCrimCourt, and precluding international criminal justice). A short thread based on today's @Haaretz expose: Image
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1/4 In February this year, the Military Advocate General Maj. Gen. Yifat Tomer-Yerushalmi sent a confidential letter to Israeli military commanders in which she 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
2/4 According to @Haaretz sources, from October 2023 a total of 80 inquiries were conducted by the military justice system, of which only 15 led to indictments. None deal with inhuman treatment of detainees, unwarranted use of force against civilians or wanton destruction of property. They, almost exclusively, address pillage of small arms by Israeli military personnel.
Read 5 tweets
Nov 18
What should the UN Security Council #UNSC do to ensure human security and peace in #Palestine before the Trump inauguration, mid-January? A short thread about how the agenda can be shaped for the next four years: Image
1/6 The International Court of Justice @CIJ_ICJ called on the Security Council to "consider what further action is required to put an end to the illegal presence of Israel, taking into account the present Advisory Opinion." Image
Image
2/6 Article 29 of the UN Charter provides that the Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions, complemented by Rule 28 of the Provisional Rules of Procedure which allows the Security Council to appoint a commission or committee or a rapporteur for a specified question.
Read 7 tweets
Nov 4
BREAKING: Member of #Israel's parliament Zvi Sukkot (Religious Zionism, with Smotrich as party leader) tables a draft bill to formalize (circa) 140 settlement outposts across the unlawfully occupied West Bank. A thread: Image
Image
1/4 The draft bill, tabled this morning, calls for the formalization of settlement outposts - at the vanguard of settler violence and the corrolary forcible transfer of #Palestinians - within two years, doubling the number of Israeli settlements in the oPt to 280.
2/4 In that two year period, settlement outposts will be accorded the full gamut of municipal services and social infrastructure development that would make them a permanent fixture in occupied Palestinian territory.
Read 5 tweets
Nov 1
BREAKING: #Israel's government adopts the 25'-26' State Budget, with an upsurge of military spending indicative of a protracted, high-intensity, armed conflict in #Gaza, the West Bank and beyond. A thread: Image
1/3 In 22', Israel allocated 90 billion ILS (24 billion USD) to military and security-related spending, which includes the cost of its belligerent occupation of #Palestinian territory (determined to be unlawful by the @CIJ_ICJ in July 24'). Image
2/3 For the fiscal years 25'-26', Israel has allocated 147 billion ILS (39 billion ILS) per year to military spending, an unprecedented 63 percent increase, with the highest proportion of military spending as part of the state budget in Israel's history. Image
Read 4 tweets
Oct 3
BREAKING: UK government to complete the decolonization of the Chagos Archipelago and reverse sovereignty to Mauritius. A short thread on how international law, and the International Court of Justice @CIJ_ICJ, in particular, managed the resolution of conflict, and a timely lesson for the decolonization of occupied Palestinian territory.Image
1/3 In February 2019 the #ICJ rendered an Advisory Opinion on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965, asserting that the UK was under an obligation to bring its presence to an end "as rapidly as possible," and that all States are under an obligation to cooperate in accomplishing that. Similar language was used in the July 2024 Advisory on Israeli practices in occupied Palestinian territory, calling for Israel to end its unlawful presence.Image
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2/3 In May 2019, the UN General Assembly adopted Resolution 73/95 by a vote of 116 in favour, to 6 against (Australia, Hungary, Israel, Maldives, United Kingdom, United States), with 56 abstentions. The resolution set a timeframe of 6 months for the UK to complete its withdrawal from the Chagos Archipelago. In September 2024 the UNGA adopted Resolution ES-10/24 by a vote of 124 in favor, 14 against, and 43 abstentions. The resolution, giving effect to the July 2024 Advisory Opinion set a timeframe of 12 months for Israel to withdraw from the West Bank, including East Jerusalem, and Gaza.Image
Image
Read 4 tweets
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

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