Itay Epshtain Profile picture
Apr 20 3 tweets 2 min read Twitter logo Read on Twitter
@richards1052 You are correct that Art.7 precludes the wrongfulness of restoring to force in the struggle against alien domination (Jus Contra Bellum), I would also note that it does not alter the rules of Jus in Bello, the law that governs the way in which warfare is conducted. Image
@richards1052 According to the principle of equality of belligerents, the Law of Armed Conflict #LOAC applies equally to all parties to an armed conflict - whether they are fighting colonial or alien rule or not - and imposes the same obligations on them.
@richards1052 Also worth recalling that UNGA Res.3210 attaches the struggle for Palestinian self-determination to the Palestine Liberation Organization. Whether non factional militancy could be considered part and parcel of that struggle is a heavily debated question. Image

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More from @EpshtainItay

Apr 20
Since this comes up often in - more or less - ingenuous responses, a reminder that @UN General Assembly Resolution 3314 defining aggression applies without prejudice to questions of recognition of a State, or to whether a State is a member of the United Nations. Image
#Israel's invasion and subsequent annexation of #Palestinian territory is an act of aggression, irrespective of the recognition of the State of Palestine @Palestine_UN. Image
In any event, the @CIJ_ICJ established in 2004 the territorial sphere for the realization of #Palestinian self-determination. Israel is bound to comply with its obligation to respect Palestinian self-determination and its 1995 Interim Agreement treaty obligations. Image
Read 4 tweets
Apr 13
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
Read 6 tweets
Apr 11
This is member of #Israeli parliament Ariel Kallner (Likud). According to his web page, he "works to promote reforms in the Israeli legal system to remove barriers and regulations," setting as hit top priority "the issue of sovereignty throughout the entire Land of Israel." Image
In February, Kallner tabled a draft bill to amend the income tax ordinance to impose a tax of 65 percent on financial support from third-states and intergovernmental organizations (@EUCouncil @EU_Commission) to #Israeli and #Palestinian humanitarians and human rights defenders. Image
In March, he tabled a draft bill to amend the courts' law, so that Israeli, Palestinian, and international human rights defenders - supported by third states - could not effectively, independently, and impartially approach Israel's top court: Image
Read 4 tweets
Apr 10
Grateful that @UN_HRC expert on occupied #Palestinian territory, Dr. @FranceskAlbs raised the question of self defense claimed by an occupying power, #Israel. My own thoughts follow: Image
Self defense is understood as the inherent right of a State to use of force in response to an armed attack on it. It is one of the exceptions to the prohibition against use of force under article 2(4) of the @UN Charter and customary international law.
#Israeli claims of measures in self- defense, are disconcerting. There is no controversy about the prohibition breached by deliberate or indiscriminate attacks against civilians in Israel, but that does not absolve it from observing distinction, proportionality, and precaution.
Read 12 tweets
Apr 8
"You Vote It; You Got It!" The #Smotrich -#BenGvir #Israeli government took out an ad this weekend, enumerating its accomplishments in the first 100 days. The judicial overhaul receives minor attention, while they highlight the following: Image
* Annulling the disengagement law (2005 withdrawal of settlements in the northern West Bank) and formalization of 9 settlement outposts (the most territorially disruptive and known hubs of violent extremism - IE)
* Promoting plans to formalize all (147) settlement outposts.
* Approving the construction of 10,000 settlement housing units in the Judea and Samaria (according to the #Israeli Central Bureau of Statistics, transferring circa 47,000 additional settlers to occupied #Palestinian territory - IE).
* Dramatic increase of settlements budget.
Read 7 tweets
Apr 1
#Israel's coalition government sequenced its constitutional overhaul back in December 2022, and has since followed diligently on the legislative, policy, and political measures outlined to extinguish #Palestinian self-determination. A reminder thread: Image
The preamble to the policy platform of #Israel's 37th Government reads: the Jewish people has an exclusive and irrefutable sovereign right to all of the land of Israel (historic Palestine). The government will promote and develop settlements in Judea and Samaria (West Bank). Image
1. To execute said policy, the government will promote legislative amendments, particularly to the balance between the legislator, executive, and judiciary, and the appointment of justices. The legislative overhaul will take absolute and complete precedence over all legislation.2 Image
Read 6 tweets

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