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

Apr 16
BREAKING; #Israel's Minister of Defense @Israel_katz publicly announces what humanitarians have been informally told by Israeli officials: 1/2 Obstruction of humanitarian relief to #Gaza's civilians is a means to accomplish a military objective - unseating Hamas, where all else has failed. (Read: the use of starvation as a method of warfare).Image
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2/2 No plans to lift the absolute besiegement of Gaza and ban on humanitarian relief schemes are considered. If and when Israel allows for aid, it would be exclusively delivered by private military security companies operating on its behalf (Read: the militarization of humanitarian response in order to accomplish military objectives in breach of principles of neutrality, independence and impartiality).Image
By doing so, #Israel hopes to evade responsibility for grave breaches of #IHL codified as war crimes (e.g., the destruction of property, the starvation of the civilian population, and its forcible transfer). However, The 'Montreux Document on pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict' establishes that governmental officials, whether they are military commanders or civilian superiors, or directors or managers of PMSCs, may be liable for crimes under international law committed by PMSC personnel under their effective authority and control.Image
Read 4 tweets
Apr 5
Good morning from the Hague, where the International Bar Association War Crimes Committee is convened to discuss impunity's impact on international law. Looking forward to contributing to the investigation and prosecution of war crimes, and the protection of civilians during armed conflict.Image
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As we discuss defending humanity in hostilities, the suggestion that #Israel alone should investigate this egregious incident - with evidence brought forward by @PalestineRCS of the murder of protected medical personnel - is an insult to justice and the sacrosanct rules of #IHL. Image
In February 2024, more than a year ago, #Israel's Military Advocate General wrote to senior commanders: "(...) We also encounter wrongful acts deviating from IDF principles and orders. These include (...) use of force without military necessity, including against detainees, pillage including expropriating private property with no military necessity, and the destruction of civilian objects in breach of orders. Several incidents exceed disciplinary infractions and cross into criminality." Despite this internal reflection on war crimes perpetrated by Israeli forces, next to nothing was done to investigate, prosecute or prevent their recurrence. In other words, Israel cannot be trusted with respecting and ensuring respect for international humanitarian law, that must be the role of the @IntlCrimCourt and of third States.Image
Read 4 tweets
Apr 4
Next time you hear about #Israeli settler violence directed at #Palestinians across the occupied West Bank, remember this: it is initiated and controlled by Israeli central and local government. Seen earlier today, Minister of Defense @bezalelsm and Minister of Settlements @oritstrock arming extremists of the settlement outposts on the outskirts of Hebron.Image
Art. 8 of the @UN International Law Commission (ILC) Responsibility of States for Internationally Wrongful Acts is clear: "The conduct of a person or group of persons shall be considered an act of a State under international law if the person or group of persons is in fact acting on the instructions of, or under the direction or control of, that State in carrying out the conduct."
The State of Israel is responsible for directly allocating funds to regional and local settlement councils for "security," which are used for hiring security coordinators and arming volunteer civilian guard squads who terrorize Palestinians. Israeli ministers and senior officials incite violence to forcibly displace Palestinian communities in a premeditated plan to acquire territory.
Read 4 tweets
Apr 4
When it comes to the permanent acquisition of the West Bank and #Gaza, #Israel has always considered annexation by administrative means, falling short of formal deceleration. In this classified protocol of the Knesset Foreign Affairs and Security Committees, from July 1967, the Military Commander of the Gaza Strip, Col. Aviv Barzilay says: "The more we take action that means that we have not come to the (Gaza) Strip in order to leave (...) it proves to its inhabitants that our plans are long-term and not transitional, and that is reflected in (their) cooperation."Image
Minister of Defense Moshe Dayan clarified: "(it is) true that there is military rule (of occupied territory), and formally, only the IDF is responsible for everything. But in reality, the government decrees that every Israeli ministry is responsible for its area of competence in liberated territories."Image
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, leading it to conclude that Israel's presence in the oPt is unlawful.Image
Read 4 tweets
Apr 3
The suppression of civic and humanitarian space by #Israel is nothing new, and predates the 1967 occupation of the West Bank and Gaza. Case in point is Al-Ard ('The Land', founded 1958), an organization of #Palestinian citizens of Israel, designated as unlawful by Israel in 1964. A throwback:Image
1/3 In 1964 Al-Ard addressed a memorandum to the @UN Secretary General on the 'Arabs in Israel,' detailing the discriminatory policy pursued by the Government of Israel. In retaliation, the Israeli NGO Registrar re-registered the organization, a decision later upheld by the Israeli High Court of Justice.Image
2/3 Following the failed efforts to secure registration it was the first organization to be declared an Unauthorized Association and Terrorist Organization in accordance with the Defense Regulations (Emergency) 1945 by Prime Minister (and Minister of Defense) Levi Eshkol. To this day, Al-Ard remains designated (alongside the @PalestinePDP, with whom Israel signed a number of international agreements under the Oslo Accords framework).Image
Read 5 tweets
Apr 2
BREAKING: In a joint statement, #Israel's co-ministers of defense @Israel_katz (Likud) and @bezalelsm (Religious Zionism) confirm the government's intention to permanently acquire, colonize, and annex the entirety of the occupied West Bank, at the expense of #Palestinian sovereignty.Image
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1/5 This egregious plan includes the wanton and extensive destruction of Palestinian homes and humanitarian and development assistance - schools, health clinics, livelihoods - provided by @eu_echo, @EU_Commission, @EUCouncil member states, and @NorwayMFA and @FCDOGovUK, under the guise of maintaining public order.
2/5 The International Court of Justice @CIJ_ICJ ruled in July 24 on the illicit connection between the destruction of property and the forcible transfer of Palestinians away from areas earmarked for settlement expansion. The Court concluded that Israel's actions amount to acts of aggression, making its presence in the occupied Palestinian territory unlawful.Image
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Read 6 tweets

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