Itay Epshtain Profile picture
Feb 24 13 tweets 5 min read
Purported annexation of occupied #Palestinian territory would was decreed yesterday by #Israel, subsuming functions of its military government into the metropolitan government and applying its internal law and institutions to occupied territory.

Following are the details: Image
Recent changes to #Israel’s Basic Law: The Government created a ministry within the Ministry of Defense responsible for the military government of occupied Palestinian territory. Handed to Religious Zionism leader, Bezalel Smotrich, it gives effect to the coalition agreement...
1. All “civilian affairs” in the West Bank will come under the authority of the Minister (Smotrich), and be delegated to the Deputy Heads of the Israeli Civil Administration (Deputy ICA), a non-uniformed political appointee of the Minister, from within his political base.
2.The Minister will oversee the transposition of Israeli internal law to all “civil matters” in occupied territory, to exclusively benefit #Israeli nationals, while maintaining the draconian measures of martial law – the law of belligerent occupation - for #Palestinians.
3.All ICA staff officers will report to the Deputy ICA, with powers and responsibilities transferred to him pursuant to a military decree. The Israeli military will have a cursory role, to maintain the facade of a military government established under the law of occupation #IHL.
4.All ICA staff officers will be appointed by the Minister, representing the various Israeli line ministries, and serving as an extension of Israel's metropolitan government to occupied territory, and quasi-political Israeli appointees ruling over Palestinians.
5.Spatial planning in the West Bank will come under the authority of the Minister, including authority over the High Planning Council, responsible for establishing and expanding settlements as well as considering Palestinian spatial plans and permit applications in Area C.
6.All matters related to the regularization of "informal" settlement outposts and satellite neighborhoods will come under the sole authority of the Minister, who can endorse 147 such outposts most disruptive to a contiguous future Palestinian State.
7.The ICA Enforcement Unit, responsible for the destruction of Palestinian-owned structures built in Area C, as well as the seizure and destruction of donor-funded humanitarian relief, will come under the sole authority of the Minister.
8.The Minister will have the authority to declare new ‘natural reserves’, a primary tool in the appropriation of Palestinian land (in areas A through C) and exclusion of Palestinians from land use across the entire West Bank.
9.All matters related to housing, land, and property rights, including land ownership settlement, surveying, and registration, will come under the sole authority of the Minister. This is the primary tool for expropriating land, and abrogating Palestinian ownership claims.
10.The planning and implementation of infrastructure across the West Bank (areas A through C) will come under the exclusive authority of the Minster, including surface roads, water and sanitation, energy and renewable energy, telecommunications, and waste management.
#Israel has annexed occupied #Palestinian territory in violation of international law. States committed in 2019 not to recognize it as lawful, and to cooperate in reversing such measures by attaching meaningful consequences to Israeli breaches. A line has been crossed. ImageImage

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More from @EpshtainItay

Jan 2
#Palestinian territory, occupied or not according to #Israel? There are not one but two arguments, presented in the alternative by the Government of Israel. This is key for @CIJ_ICJ deliberations:
When the Government of #Israel comes before the Israeli High Court, it consistently argues that #Palestinian territory is under belligerent occupation, where Israeli metropolitan law does not apply, and where the Israeli Military Government is the supreme legislator and executive
That, in turn, allowed the #Israeli military commander to undertake excessive and inadmissible legislative changes and actions in disregard of #Palestinian rights and interests under int'l law #IHL - with the Court's approval - purportedly shielding it from criticism.
Read 16 tweets
Dec 10, 2022
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
Read 8 tweets
Nov 25, 2022
The Coalition Agreement between @netanyahu's Likud and @itamarbengvir's Jewish Power names the latter Minister of National Security, where he would be able to torment #Palestinian citizens of #Israel, Palestinians in occupied East Jerusalem, and across the West Bank.
In an unprecedented move, the West Bank gendarmerie (Border Police) will report to Ben-Gvir and not to the Israeli military commander of occupied #Palestinian territory. It represents a risk to Palestinians and a formal, de jure, #annexation of the West Bank in its entirety.
When the formal annexation of the West Bank came up before (in the context of the @realDonaldTrump Plan), the international community mobilized to prevent it. This is annexation, mobilization is again required.
Read 4 tweets
Nov 23, 2022
The demolition this morning of the donor-funded Isfey school in #MasaferYatta, ordered by the outgoing @yairlapid-@gantzbe #Israeli government, in grave breach of #IHL and to the absolute detriment of #Palestinian children attending the school leads to two observations: Image
The outgoing #Israeli government, sworn in on 13 June 2021 destroyed 1.237 structures in the occupied West Bank, including 201 donor-funded structures provided as humanitarian relief by @NRC_Norway and partners. As a result, 37,000 #Palestinians were deprived of a home, a school
The outgoing #Israeli government outdid the damage caused by the previous, and the incoming @netanyahu @bezalelsm @itamarbengvir government promises to bring more violent destruction. Violence, against all civilians #Palestinians and #Israelis, should be unequivocally condemned.
Read 5 tweets
Nov 21, 2022
Speaking this morning, #Israeli coalition-government senior member Bezalel Smotrich (Religious Zionism-Jewish Power) refers to human rights organizations as an 'existential threat to #Israel", vows to seize funding of #Palestinian, Israeli, and international humanitarian actors.
These concerning statements, in some iteration, will make their way to the coalition agreements that define the legislative agenda and policies of the incoming Israeli government. The international community will have to double down on preserving civic and humanitarian space.
In @KnessetENG just now, @bezalelsm: 'we will put our hand over their finances, address legal and security aspects. We have enough tools to deal with them.'
Read 4 tweets
Nov 10, 2022
The @CIJ_ICJ Advisory Opinion on the question of self-determination of #Palestinians, a thread to (briefly) explain the why and how.
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

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