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?

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Itay Epshtain

Itay Epshtain Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @EpshtainItay

Jul 13
BREAKING: Former #Israel Minister of Intelligence @GilaGamliel (@Likud_Party, the current Minister of Science) fabricates the October 2023 plan for mass deportation of #Palestinians from #Gaza, in a purported attempt to avoid complicity in the war crime of unlawful deportation and transfer. A thread:Image
Image
1/3 On 13 October 2023, the Ministry of Intelligence circulated a white paper, calling for the forcible transfer of the civilian population to Rafah, leading to mass deportation to tent cities in northern Sinai, their eventual resettlement there, and the fortification of the Gaza-Egypt frontier, so they may not return.Image
2/3 Last week, Minister Gamlil recirculated a fabricated version of her criminal plan. While it bears the same date (13 October 2023), it was doctored to refer to "voluntary humanitarian evacuation" to Sinai, and references to forced resettlement and non-repartation were omitted.Image
Read 4 tweets
Jul 9
1/5 The Assembly of States Parties to the @IntlCrimCourt concludes its special session on the crime of aggression today. Over the past three days, it has considered amendments to the exercise of the Court’s jurisdiction over the crime of aggression. The #US, not a State party, was present, on the behest of #Israel, in order to intimidate and coerce others from pursuing criminal justice for the supreme international crime.Image
2/5 The proposed amendment, under debate, seeks to ensure that all States Parties are equally subject to the Court’s jurisdiction over aggression, allowing the Court to exercise its jurisdiction over the crime of aggression even when committed by nationals of a State that is not a party to the Statute or when committed on its territory and established a jurisdictional framework that applies uniformly to all core crime.Image
3/4 US State Department Legal Advisor Reed Rubinstein – who vowed during his March 2025 nomination hearing to serve “national interests above all else” – intervened and threatened the Court and the State parties with “diplomatic, political, and legal instruments to block @IntlCrimCourt overreach.” Coercion was clear: the #US expects “all ICC actions against the United States and our ally #Israel-that is, all investigations and all arrest warrants-to be terminated. If not, all options remain on the table.”Image
Image
Read 6 tweets
Jul 8
The parallels are uncanny... Image
Together with a copy of the @DonaldTrump nomination letter handed over by @netanyahu is a petition from his party, @Likud_Party, to seek endorsement of the October 23' Ministry of Intelligence plan (at the time, headed by Gila Gamliel) for mass deportation from #Gaza. Image
Image
Image
The criminal endeavour, now referred to as the 'Gamliel-Trump Plan,' outlines the four stages: 1. A call on #Palestinian civilians to vacate north #Gaza and allow for land operations; 2. Sequential land operations from north to south, Gaza; 3. Leaving routes open across Rafah; 4. Establishing "tent cities" in northern Sinai and the construction of cities to resettle Palestinians in #Egypt.
Read 5 tweets
Jun 3
First, there was the #Gaza pier, which floated away before delivering any meaningful aid, then there were the airdrops, which landed in the Mediterranean, when they didn't kill or injure Palestinians. Now, there are the sham humanitarians - brandishing assault rifles - of the "Gaza Humanitarian Foundation" setting up death traps for Gazans starved by #Israel.Image
Image
Image
It is all an attempt to obfuscate the intentional use of starvation of civilians as a method of warfare and territorial conquest. A distraction from the grave breaches and serious violations of interntional law. A ruse leading to the death of thousands.
The answer has always been clear. Israel must adhere to its duty, as the occupying power, to facilitate independent and impartial humanitarian relief, free from any military, political, or economic interference, offered by impartial humanitarian organizations, across the
occupied Palestinian territory, including Gaza. Lifting the near-total siege and blockade on Gaza, and taking action to prevent further forcible transfer and starvation, is the absolute minimum. What we see now is diametrically opposed, and criminal.
Read 9 tweets
May 21
The @EUCouncil's 'qualified majority' decision to review #Israel's adherence to Article 2 of the Association Agreement raises an unresolved EU procedural law matter. A thread for those interested in the more technical aspects (which could have major legal and political implications):Image
1/3 Article 218 of the Treaty on the Functioning of the European Union (TFEU, the founding treaty of the EU, signed in 1957 and revised in 2007) regulates agreements between the Union and third countries, such as Israel. There are three stages to it:
- The @EUCouncil authorises the opening of negotiations and adopts negotiating directives
- The @EU_Commission and the @eu_eeas HR/VP submit recommendations to the Council
- After consulting the European Parliament @Europarl_EN, the Council must reach unanimity of member states to adopt a decision concluding the association agreementImage
2/3 Article 218(9) then provides that on recommendation from the HR/VP @kajakallas - pending said review - the Council may decide, again, unanimously, to suspend the EU-Israel Association Agreement. Therein lies the problem. The review will likely confirm that #Israel's actions in occupied #Palestinian territory amount to a grave breach of peremptory norms of international law (jus cogens), including, inter alia, the prohibition of aggression, the prohibition of genocide, the prohibition of crimes against humanity, the basic rules of international humanitarian law (and corollary war crimes), and the suppression of the right to self-determination.Image
Read 5 tweets
May 21
Ensuring respect for peremptory norms of international law, including the basic rules of IHL, is a legal duty under Common Article 1 of the Geneva Conventions and the rules on State Responsibility for Internationally Wrongful Acts. I'm encouraged by @FCDOGovUK @UKintlaw's recognition of that core legal tenet.
In 2020, the @ICRC Commentary on the Geneva Conventions confirmed the possible measures, some of which the UK has instituted, while others should be immediately considered in response to atrocity crimes:
– exerting diplomatic pressure by means of confidential protests or public denunciations
– applying measures of retorsion, such as the halting of ongoing negotiations or refusing to ratify agreements already signed, the non-renewal of trade privileges, and the reduction or suspension of voluntary public aid
– adopting lawful countermeasures such as arms embargoes, trade and financial restrictions, flight bans, and the reduction or suspension of aid and cooperation agreements
– resorting to penal measures to repress violations of humanitarian law and supporting international efforts, including by the @IntlCrimCourt, to bring suspected perpetrators of serious violations of IHL to justice
Yesterday, the @EUCouncil - led by @eucopresident and @eu_eeas Chief @kajakallast - decided to review #Israel's compliance with the EU Association Agreement, 'based on respect for human rights and democratic principles, which guides their internal and international policy.' What might that look like:
Read 6 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(