Itay Epshtain Profile picture
Dec 10, 2022 8 tweets 7 min read Read on X
In 2004, the @CIJ_ICJ asserted the duty to establish, as soon as possible, a #Palestinian state. The Court was of the view, at the time, that negotiations between the parties would (likely?) resolve outstanding problems on the basis of international law. It was not the case. Image
April 2014 was the last attempt at bilateral (indirect) negotiations, after which #Israel abandoned even the appearance of trying to bring its belligerent occupation of #Palestinian territory to an end. Image
Towards the end of the month, #UNGA77 will address the question of #Palestine back to the @CIJ_ICJ, cognizant of the #Israeli government determination to continue its occupation - and with it the subversion of #Palestinian self -determination - perpetually. Image
The @CIJ_ICJ could not consider bilateral negotiations with an entrenched and pariah #Israeli government as adequate in securing a politically independent and permanently sovereign #Palestinian state. It will likely consider other pacific measures towards the same goal.
Mediation, conciliation or arbitration are likely modalities the Court would consider as preferable with the end goal remaining the same, the realization - in full and without further delay - of #Palestinian self -determination, which is their inalienable right. Image
The @CIJ_ICJ will also address the legality of a prolonged #Israeli occupation, adapting a test such as the one developed by @MichaelLynk5 that would expose the acquisitive and abusive purpose of prolonging the occupation, in violation of peremptory norms of international law. Image
The @CIJ_ICJ would likely opine, as in #Chagos, that the obligation to de-colonize occupied #Palestinian territory is an obligation erga omnes, an obligation in which all states have an interest, and an entitlement to adopt lawful measures towards immediate effect. Image
It is so decided! Image

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More from @EpshtainItay

Dec 23
ALERT: The #Israeli think-tank that outlined the war of aggression laid on #Gaza, Misgav (headed by former National Security Advisor and #Netanyahu confidant, Meir Ben-Shabbat), suggests, in a new white paper, a "reboot of Israel's approach to international law,": Image
1/3 A procedural change to Israeli constitutional law that will exempt the Israeli military from judicial oversight around, and in connection, with its actions along Israel's borders (e.g., with #Gaza, #Lebanon or #Syria).
2/3 Subordinating the Israeli Military Advocate General - seen by the authors as radically restrictive - to a plurality of permissive perspectives on the use of force that would not limit Israel's belligerent action. Image
Read 6 tweets
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
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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
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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
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Read 4 tweets

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