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Itay Epshtain

@EpshtainItay

May 5

Last night, #Israel's War Cabinet approved a plan for partisan and militarized aid distribution in #Gaza, led by US-based private military security companies and the opaque 'Gaza Humanitarian Foundation.' Let's dig into the facts and law that underpin this facade of humanitarianism:

1/5 The 'Gaza Humanitarian Foundation' was registered in Switzerland earlier this year and is led by David Papazian (Former CEO of Armenian National Interests Fund), Samuel Marcel Henderson, and David Kohler (CEO of Kohler Co.). None have any apparent links to, or experience with, humanitarian relief.

2/5 Israel's obligations as an occupying power follow, inter alia, from Art. 43 and Art. 48 of the Hague Regulations, and Art. 59 of the Fourth Geneva Convention. It must restore and ensure public life and order in occupied #Palestinian territory, "to the same extent as the legitimate Government was so bound." If the whole or part of the population of an occupied territory (e.g., #Gaza) is inadequately supplied, it must agree to relief schemes, on behalf of and in the interest of the Palestinian population - not in its own interest - and must facilitate them by all the means at its disposal.

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Itay Epshtain

@EpshtainItay

Apr 29

A few observations on yesterday's intervention by @UN Counsel, the formidable Elinor Hammarskjöld @Elinorjbh, at the @CIJ_ICJ:
1/3 At the outset, the relevance of the Courts' 2024 Advisory Opinion on the unlawfulness of Israel's continued presence in the occupied #Palestinian territory was invoked. "#Israel's assertion of sovereignty over and its annexation of certain parts of the oPt constitute a violation of the prohibition of the acquisition of territory by force." This cornerstone finding is relevant to the current proceeding, argued Hammarskjöld, because Israel must respect the "decisions of the representative of the Palestinian people to receive basic goods and services from the United Nations entities [and other impartial humanitarian organizations - IE] in order to fully enjoy their right to self-determination. Israel is bound to respect the decision of the Palestinian people on the manner in which the dependence of the West Bank, including East Jerusalem, and Gaza on Israel for the provision of basic goods and services should be reduced."

2/3 Second, Hammarskjöld laid out the continuum of humanitarian relief and development assistance in situations of prolonged belligerent occupation: "The content of relief schemes depends on the needs of the population of an occupied territory. The legal obligation covers those needs that have to be addressed immediately [e.g., food, water, shelter, and hygiene facilities]. The definition should also be understood to cover needs which may be more long-term, in particular in cases of prolonged occupation. For example, relief schemes to address long-term needs may include items that are essential for the construction and repair of certain infrastructures, including medical and sanitation facilities, and items and services to eradicate poverty." From that, it follows that relief schemes need to be adapted to the evolving needs. "The occupying Power must agree to such relief schemes, as adapted, and facilitate them."

3/3 Lastly, on the limited control rights of an occupant over bonafide relief schemes, she argued that "any measures taken by the occupying Power to ensure its security must be exercised in a manner that would not deny impartial humanitarian organizations such as the United Nations the ability to carry out relief schemes, while part of the population of an occupied territory continues to be inadequately supplied." Importantly, and relevant to Israeli measures that aim to limit the independence and impartiality of humanitarian organizations [e.g., the recent registration guidelines for INGOs], "in instances where the occupying Power has concerns with the impartiality of a humanitarian organization, the occupying Power may not unilaterally declare that such humanitarian organization is not impartial, and deny its relief schemes. Such concerns must be addressed in consultation with the humanitarian organization concerned."

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Itay Epshtain

@EpshtainItay

Apr 23

Alarming reports from last night's #Israeli War Cabinet meeting: Minister of Defense @Israel_katz confirmed that aid - delivered by impartial humanitarian organizations - would not be allowed into #Gaza, and relief, if and when provided, would be handed out by private US-based military security companies.

Katz was immediately contradicted by his Co-Minister of Defense, @bezalelsm, who argued that, in any event, obstructing humanitarian relief is critical to the Israeli war effort and the implementation of the '@realDonaldTrump Plan' for the mass deportation of #Palestinians.

With only minute differences between them, both Katz and Smotrich should be investigated and indicted by @IntlCrimCourt Prosecutor @KarimKhanQC for the war crimes of intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies; and unlawful deportation or transfer.

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Itay Epshtain

@EpshtainItay

Apr 19

In two weeks, #Israel's parliament, Knesset, will come back to the spring legislative session. It will consider the draft bill tabled by Amit Halevi (Likud) to 'apply the rule, law, and administration of Israel to Judea and Samaria.' A short thread on what sets this draft bill apart from previous legislative attempts at annexation of occupied #Palestinian territory:

1/3 The author - a pundit of Israeli acquisition of occupied territory by force - is cognizant of the twenty previously tabled bills to annex the West Bank and Gaza, and wishing to appear more pragmatic, suggests a phased approach, beginning with the West Bank (with #Gaza to follow). To the 3 million #Palestinians residing in the West Bank, the draft bill offers a five-year 'temporary residence,' after which they may apply for 'permanent residence' under draconian measures (e.g., relinquished housing, land, and property rights).

2/3 The explanatory note attached to the draft bill juxtaposes the (erroneous) 'application of sovereignty' through belligerent occupied to the military government with the application of Israeli rule, legislation, and administration, noting that the former undermines the "absolute just claim of ownership over the Land of Israel (...) to first be applied to Judea and Samaria."

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Itay Epshtain

@EpshtainItay

Apr 16

BREAKING; #Israel's Minister of Defense @Israel_katz publicly announces what humanitarians have been informally told by Israeli officials: 1/2 Obstruction of humanitarian relief to #Gaza's civilians is a means to accomplish a military objective - unseating Hamas, where all else has failed. (Read: the use of starvation as a method of warfare).

2/2 No plans to lift the absolute besiegement of Gaza and ban on humanitarian relief schemes are considered. If and when Israel allows for aid, it would be exclusively delivered by private military security companies operating on its behalf (Read: the militarization of humanitarian response in order to accomplish military objectives in breach of principles of neutrality, independence and impartiality).

By doing so, #Israel hopes to evade responsibility for grave breaches of #IHL codified as war crimes (e.g., the destruction of property, the starvation of the civilian population, and its forcible transfer). However, The 'Montreux Document on pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict' establishes that governmental officials, whether they are military commanders or civilian superiors, or directors or managers of PMSCs, may be liable for crimes under international law committed by PMSC personnel under their effective authority and control.

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Itay Epshtain

@EpshtainItay

Apr 5

Good morning from the Hague, where the International Bar Association War Crimes Committee is convened to discuss impunity's impact on international law. Looking forward to contributing to the investigation and prosecution of war crimes, and the protection of civilians during armed conflict.

As we discuss defending humanity in hostilities, the suggestion that #Israel alone should investigate this egregious incident - with evidence brought forward by @PalestineRCS of the murder of protected medical personnel - is an insult to justice and the sacrosanct rules of #IHL.

In February 2024, more than a year ago, #Israel's Military Advocate General wrote to senior commanders: "(...) We also encounter wrongful acts deviating from IDF principles and orders. These include (...) use of force without military necessity, including against detainees, pillage including expropriating private property with no military necessity, and the destruction of civilian objects in breach of orders. Several incidents exceed disciplinary infractions and cross into criminality." Despite this internal reflection on war crimes perpetrated by Israeli forces, next to nothing was done to investigate, prosecute or prevent their recurrence. In other words, Israel cannot be trusted with respecting and ensuring respect for international humanitarian law, that must be the role of the @IntlCrimCourt and of third States.

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