Itay Epshtain Profile picture
Jun 25 23 tweets 22 min read
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

Feb 27
According to @SCRtweets, later this evening the Security Council is expected to vote on a draft resolution calling for an “emergency special session” (ESS) of the @UN General Assembly to consider and recommend collective action on the situation in #Ukraine.
The draft resolution, tabled by @AlMissionUN and @USUN, is a #unitingforpeace resolution, referring a situation in which its permanent members are deadlocked to the General Assembly. If adopted, it would be the first such resolution the Council has adopted in four decades.
While the General Assembly could choose to discuss and vote on the current #RussiaUkraine conflict independently, the goal of several Council members is to send a strong political signal by pursuing a Security Council. “Uniting for Peace” resolution.
Read 5 tweets
Feb 25
What does #Russia in relation to #Ukraine have in common - from the perspective of (mis)application of international law - with #Israel in relation to #Palestine? The answer is the obscure 'Missing Reversioner Doctrine.' A thread: Image
In 1968, with the nascent #Israeli occupation of #Palestinian territory, Prof. Yehuda Blum penned the ‘The Missing Reversioner: Reflections on the Status of Judea and Samaria’. Blum argued that there were no reversionary rights of an ousted legitimate government to the territory Image
In other words, he concluded that ‘those rules of belligerent occupation directed to safeguarding that sovereign’s reversionary rights had no application to #Israel’s control of the #WestBank and #Gaza. Hence, Israeli possession comes from an absolute title, not an occupation.
Read 11 tweets
Feb 24
In #UkraineInvasion the jus ad bellum - resorting to armed force, and jus in bello - rules regulating the conduct of hostilities, intersect. Recognizing and understanding intersectionality is key to a well reasoned and effective response - normative, humanitarian, and political. Image
The prohibition against the use of force amongst states and the exceptions to it (self-defence, and UN authorization for the use of force), set out in the UN Charter, are the core ingredients of jus contra bellum. Image
Article 2(4) provides that "all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations."
Read 8 tweets
Feb 19
What does the imminent (or possible) #UkraineInvasion have to do with the prolonged occupation of #Palestine? Here are my thoughts on the failure of the international community to prosecute the crime of aggression.
Resolution 3314, adopted by the UN General Assembly in 1974, defines aggression as “[t]he 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.” The international community had failed in ending #Israeli belligerent occupation of #Palestinian territory for 55 years and likewise failed to prevent annexation, de jure, and de facto.
Read 8 tweets
Feb 18
#Israeli Annexation of #Palestinian territory on hold, following the #AbrahamAccords? Nothing further from the truth. Here is why:
Since the @naftalibennett - @yairlapid government was sworn in on 13 June 2021, 661 #Palestinian structures were destroyed, including 122 @EUpalestinians @eu_echo funded humanitarian relief structures, adversely affecting 11,361 persons.
Since August 2020, Israel established 25 new settlement outposts or satellite neighborhoods - in violation of international law - and in areas most disruptive to the territorial integrity of a future State of #Palestine.
Read 5 tweets
Feb 17
BREAKING: According to @cogatonline, in the last five years, #Palestinians in Area C were granted 33 building permits, while during the same period, settlers - transferred to occupied territory in violation of #IHL - were granted over 16,500 building permits. Annexation de facto.
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. It is intended to prevent a practice adopted during the Second World War by certain Powers (...)
which transferred portions of their own population to occupied territory for political and racial reasons or in order, as they claimed, to colonize those territories. Such transfers worsened the economic situation of the native population and endangered their separate existence.
Read 16 tweets

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