Itay Epshtain Profile picture
Nov 8 10 tweets 7 min read
.@Palestine_UN tables a #UNGA77 resolution calling for an @CIJ_ICJ advisory opinion on the legal consequences arising from #Israel’s ongoing violation of the right of #Palestinian self-determination, its prolonged occupation, and annexation of Palestinian territory. Text follows:
Decides, in accordance with Article 96 of the Charter of the United Nations, to request the @CIJ_ICJ pursuant to Article 65 of the Statute of the Court, to urgently render an advisory opinion, on the following questions, considering the rules and principles of international law,
including the Charter of the @UN, international humanitarian law, international human rights law, relevant Security Council, General Assembly and @UN_HRC resolutions, and the advisory opinion of the International Court of Justice of 9 July 2004:
What are the legal consequences arising from #Israel’s ongoing violation of the right of the #Palestinian people to self-determination, its prolonged occupation, settlement, and annexation of the #oPt?
How do #Israel’s policies and practices affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?
Seeking guidance from the Court has been a core recommendation of UN Special Rapporteurs, including @rfalk13, @MichaelLynk5, and the incumbent @FranceskAlbs and that of the CoI headed by @NaviPillay1.
It has also been supported by #Palestinain and #Israeli legal scholars, policy experts, and civil society organizations, including @NRC_Norway @NRC_Geneva in which I'm immensely proud for taking a principled position oriented by international law.
This is what I said to this at yesterday's @Law4Palestine @AR_Renaissance panel of jurists:
In 2004 (the Wall Opinion), the @CIJ_ICJ held #Plaestinian self-determination and Palestinian State is to be achieved as soon as possible, on the basis of international law, and a negotiated solution to the outstanding problems.
Asked today, the Court is likely to consider enquiry, mediation, conciliation, arbitration, and judicial settlement - all provided for under the @UN Charter - as the appropriate modalities towards the same end goal of #Palestinian emancipation.

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More from @EpshtainItay

Nov 10
The @CIJ_ICJ Advisory Opinion on the question of self-determination of #Palestinians, a thread to (briefly) explain the why and how. Image
What is an @CIJ_ICJ advisory opinion? opinions rendered by the Court contribute to the clarification and development of international law and thereby to the strengthening of peaceful relations between States.
Who can ask for an adviory opinion? In accordance with Article 96, paragraph 1, of the Charter of the United Nations “[t]he General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question”.
Read 15 tweets
Jun 25
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.
Read 23 tweets
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 22
Was asked a simple and direct question today: What does #Israel intend for occupied #Palestnian territory, if it had its way? While answering may not be all that simple, we can - and should - infer from what Israel says, even if it is in a top-secret classified cable. So here: Image
On 20 July 1967, the #Israeli Interminsteral Committee on Occupied Territory - chaired by Major-General Chaim Herzog (later President of Israel and father of current President @Isaac_Herzog) wrote to the Prime Minister with 10 recommendations. Image
1. No bilateral negotiations, or resolution, with the Arabs of the #WestBank and #Gaza.
4. Cultivate sympathetic Arab leadership to espouse Israeli policy in the Arab world.
5. Quitely and diligently deport #Palestinains from occupied territory. Image
Read 4 tweets

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