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.
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.
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.
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.
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.
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.
It is so decided!
• • •
Missing some Tweet in this thread? You can try to
force a refresh
While #Israel continues to consider a ground offensive in #Rafah, too often are the warnings of jurists and humanitarians that its rejection of the fundamental rules of the law of armed conflict - leading to atrocities - are disregarded. If you won't listen to us, perhaps you would Israel's head of the military justice system?
In her confidential letter to Israeli military commanders from February, the Military Advocate General 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."
The "criminality" to which the #Israeli MAG refers is in fact, the grave breach of the Fourth Geneva Convention, which prohibits wilful killing, torture, or inhuman treatment, wilfully causing great suffering or serious injury, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
BREAKING: #Israel's Attorney General Gali Baharav-Miara admits, in a legal opinion submitted for review by the government tomorrow (Sunday), that it has annexed the occupied West Bank (in grave breach of international law). See for details:
1/3 The #Israeli government is set to allocate an additional 40 million ILS to 'Ariel University,' located in a West Bank settlement of the same name, due to its exclusion from international academic collaboration and exchange programs.
2/3 In her legal opinion, #Israel's Attorney General refers to 'Judea and Samaira' (the West Bank) as "geographic areas coming under the (authority) of the Government of Israel on 5 June 1967."
BREAKING: #Israel's Ministry of Defense issued an 'Urgent Tender' due yesterday for 40,000 12-person tents. Simple math shows Israel is planning to accommodate 480,000 people, most likely #Palestinians forcibly displaced to #Rafah, as part of a planned ground offensive that would see them displaced again.
The political and practical arrangements for a #Rafah offensive continue; I would not read #Israel's redeployment of ground forces as the end of hostilities but as preparation for the next phase, which may prove to be even more devastating - bringing about mass displacement and deportation:
"The humanitarian crisis in #Gaza has reached catastrophic levels, with nearly the entire population forcibly displaced and facing dire shortages of essential goods and services for survival," said @NRC_Egeland, secretary general of @NRC_Norway.
#Gaza has become one of the world’s most dangerous areas, with civilians and aid workers facing unprecedented risks and indiscriminate attacks, in what amounts to gross and systemic violations of international law.
BREAKING: In the #Israeli High Court of Justice hearing of the petition by @Gisha_Access to order the State to remove impediments to humanitarian relief to #Gaza, the State Council makes two interrelated arguments:
1/3 First, #Israel is not the occupying power in #Gaza, with respect to Art.42 of the Hague Regulations, as it is not under its actual authority, but under that of Hamas. Counsel would like to share facts an 'in camera' session.
2/3 Second, #Israel complies with Article 23 of the Fourth Geneva Convention and Article 70 of Additional Protocol I: as a belligerent - and not as an occupying power - it has allowed relief actions in #Gaza to be undertaken.
Two legal reflections on the expose by @yuval_abraham @972mag: #Israel's misapplication of 'continuous combat function,' and the low threshold for civilian harm. A thread: 972mag.com/lavender-ai-is…
1/10 In a non-international armed conflict (NIAC), an individual whose continuous function involves the preparation,
execution or command of operations amounting to direct participation in hostilities on behalf of an organized armed group is considered a member of that group.
2/10 That person is seen to have "continuous combat function" (CCF) and loses his protection against the dangers arising from military operations for the duration of that membership. Persons cease to be civilians within the meaning of IHL for as long as they hold 'CCF'.