Itay Epshtain Profile picture
Apr 13, 2023 6 tweets 5 min read Read on X
Would #Israel, claiming to offer refuge to survivors of WW II atrocities - among them my grandparents - oppose the prevention and punishment of crimes against humanity?

This is what took place at the @UN Sixth Committee (Legal) this week: Image
Delegates considered concluding a new convention on crimes against humanity, debating whether it would close gaps in the current international legal framework, based on the draft articles of the International Law Commission, and the @IntlCrimCourt Statute. #Israel pushed back. Image
Reiterating an earlier statement (2019), the #Israeli delegate insisted on the (contentious) primacy of internal jurisdiction over international justice, and on introducing stringent limitations on universal jurisdiction to prosecute the gravest international crimes. Shameful. Image
The representative of #Israel suggested that equating the standards of the draft convention with elements of crimes developed by the @IntlCrimCourt, would lead to its rejection (by Israel? by the international community? remains unclear). Image
These are the definitions rejected by #Israel, which include deportation or forcible transfer of populations, imprisonment or other severe deprivation of physical liberty, and torture. I wonder why is that? Image
I'm proud to serve for a humanitarian organization - @NRC_Norway @NRC_Geneva - born in the ruins of WW II and committed to protecting displaced persons, and ashamed that my country of nationality - #Israel - betrays that universal lesson. 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
Image
Read 4 tweets

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