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

Mar 11
Minister Amichai Chikli deliberately distorts facts and law. So, let’s correct this perversion once and for all:

1/6 International Non-Governmental Organizations (INGOs) providing humanitarian and development assistance to Palestinians in the West Bank and Gaza do not seek to operate in #Israel but in #Palestinian territory, which Israel – according to the International Court of Justice - unlawfully occupies.Image
2/6 International Humanitarian Law (#IHL) is crystal clear: for as long as Israel continues to occupy the oPt, it has no latitude to refuse requests for humanitarian relief by the Palestinian people, it is their right to receive aid; nor is Israel allowed to deny impartial humanitarian organizations access to and presence in the occupied Palestinian territory; it is their right to provide aid.
As the occupant, Israel only has nominal control rights. It can, reasonably, satisfy itself that relief consignments and services are addressed to the population in need; and that relief consignments do, in fact, consist of relief supplies and do not contain weapons, munitions, or military equipment.
3/6 Minister Chikli wishes to impose political bias on impartial humanitarian organizations. The impartiality and independence of humanitarians are a sine qua non of any relief action. Aid is provided solely on the basis of need, without discrimination, autonomous of the political and military objectives of the occupying power.
Any attempt to silence INGOs and dissuade them from reporting grave breaches and serious violations of international law that they witness would inevitably result in the undermining of humanitarian protection.
Read 6 tweets
Mar 9
BREAKING: #Israel's Minister of Energy, Eli Cohen, orders the Israel Electrical Company to immediately cease power sale and transmission to Gaza. Image
1/3 In July 2024, the International Court of Justice @CIJ_ICJ determined that "Israel’s withdrawal from the #Gaza Strip has not entirely released it of its obligations under the law of occupation. Israel’s obligations have remained commensurate with the degree of its effective control over the Gaza Strip."Image
2/3 Israel, as the Occupying Power, must,tothefullestextentofthemeansavailabletoitandwithoutany adversedistinction,provide the civilian population of Gaza with the supplies essential tothe itssurvival, including electricity and fuel.
Read 4 tweets
Feb 26
In February 1988, 37 years ago, #Hamas was formed in #Gaza, encouraged and aided by #Israel as an opponent to the PLO. Many decades later, Israel's government continues to support Hamas, at the expense of the #Palestinians. A short thread: Image
1/3 Since the 2006 Hamas takeover of Gaza, Israel's (current) Minister of Finance and overseer of occupied territory territory, Smotrich @bezalelsm, spoke out against unseating it, naming Hamas an asset and the PLO-led Palestinian Authority a liability.
2/3 The logic Smotrich holds to is that Hamas has no international recognition and legitimacy, and thus, its rule undermines Palestinian political independence and permanent sovereignty over an integral State. PA rule over Gaza would lead to Palestinian self determination.
Read 4 tweets
Feb 11
EXCLUSIVE: Within the extensive dossier of files presented to the International Court of Justice @CIJ_ICJ in the pending advisory proceeding oh the presence and activities of UN agencies and humanitarian organizations in occupied Palestinian territory, is one document that tells the story of Israel's prolonged, acquisitive and unlawful occupation. A thread:Image
Image
The year is 1980, Israel's ambassador to the UN, Dr. Yehuda Blum, accords to @UNDP, set out to commence operations in occupied Palestinian territory, the privileges and immunities of the 1946 Convention on the Privileges and Immunities of the United Nations. However, 12 years before that, Blum set the course for Israel's attempt to colonize and permanently acquire Palestinian territory, to the absolute detriment of the people UNDP was to serve.Image
The year is 1968, Dr. Yehuda Blum, a young Lecturer at the Hebrew University of Jerusalem, penned the article, “The Missing Reversioner: Reflections on the Status of Judea and Samaria." The article, and its author - little known outside specialized legal circles - became the centerpiece of Israel’s official position on the occupied Palestinian territory, and the engine of its prolonged presence in the West Bank and Gaza.Image
Read 11 tweets
Feb 2
What "deal" at the expanse of the inalienable rights of Palestinians will #Trump and #Netanyahu discuss on Tuesday? A short thread. Image
1/4 Before any mention of a phased #Gaza ceasefire, the two will - in an attempt to ring fence Netanyahu's radical coalition government - discuss US recognition of Israel's annexation of the West Bank, in whole or in part, evoking Trump's 'Peace to Prosperity' Plan. Image
2/4 Netanyahu will market this to his coalition partners as the realization, long last, of the plan hatched by Matityahu Drobles in 1979 to permanently acquire and colonize parts of the occupied West Bank, in what has since become the spatial master plan for settlement expansion. Image
Read 5 tweets
Jan 8
On Monday, the Nagel Commission (chaired by former National Security Advisor Prof. Jacob #Nagel) presented Israeli PM Netanyahu with its report on building Israeli military power, suggesting an overhaul towards a proactive attack posture and increased budget appropriation. A thread on what a more aggressive #Israel is going to look like:Image
1/6 The report assumes two major threats in the next ten years: A nuclear Iran and conflagration in the West Bank, Lebanon, Gaza, Syria, and Jordan (in that order). The Commission notes that threats in Gaza, Syria, and Lebanon have been addressed since 7 October, while the West Bank (referred to as 'Judea and Samaria') and Jordan, owing to the presence of settlements, pose a critical threat necessitating an increased Israeli military territorial footprint.Image
2/6 The report concludes that to meet those threats, Israel must increase its capacity for a "massive and sustained" attack on Iran while at the same time conducting hostilities in the West Bank and along the Israeli-Jordanian border by forming a new 'Eastern Border Division,' consisting of 25,000 soldiers with combined arms capabilities.Image
Read 10 tweets

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