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Itay Epshtain Profile picture
@EpshtainItay
May 9 • 5 tweets • 3 min read Twitter logo Read on Twitter
In analyzing the Israeli attack overnight, a few questions come up. Let me try and unpack those in the following thread:

First, Are there ongoing hostilities in occupied #Palestinian territory and specifically in Gaza (beyond the ongoing belligerent occupation)?
Situations… twitter.com/i/web/status/1…
Second, in the event of hostilities, who is considered a civilian for the purposes of the principle of distinction? and what conduct amounts to direct participation in hostilities?

For the purposes of the principle of distinction in international armed conflict (including… twitter.com/i/web/status/1…
Third, and last, what modalities govern the loss of protection against direct attack?

Civilians, such as members of PIJ and Hamas, lose protection against direct attack for the duration of each specific act amounting to direct participation in hostilities.

All feasible… twitter.com/i/web/status/1…
Finally, as I had suggested in an earlier tweet, Common Article 3 of the 1949 Geneva Conventions prohibits “violence to life and person, in particular murder of all kinds” and “the carrying out of executions without previous judgment pronounced by a regularly constituted court,… twitter.com/i/web/status/1…
One thing is clear, this assertion from the former Israeli defense forces' international law advisor is legally wrong (tests of necessity, distinction, proportionality, and precaution in attack do apply), factually untrue (attacks were reported on residences, prima facie civilian… twitter.com/i/web/status/1… Image

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More from @EpshtainItay

Itay Epshtain Profile picture
May 11
This morning #Gaza - and its two million inhabitants - remains isolated from the world through #Israel's siege on land, at sea and air.
In 2019 @NRC_Norway requested the expert opinion of @MarcoLongobardo on the legality of Israel's closure on land and obligation to allow safe… twitter.com/i/web/status/1…
He concluded that the #Gaza Strip is under #Israeli occupation, notwithstanding the 2005
Disengagement. Israel still exercises sufficient actual authority over the
maritime territory and airspace of the area, over its borders, and its fundamental
supplies, so that the test… twitter.com/i/web/status/1…
Israel must consider the Gaza Strip as a portion of a wider single territorial unit
also comprising the West Bank. The obligation to consider the Gaza Strip and
the West Bank as a single territorial unit is rooted in the law of occupation, the
principle of self-determination… twitter.com/i/web/status/1…
Read 7 tweets
Itay Epshtain Profile picture
May 8
This morning #Israel's defense forces convened an international conference on the law of armed conflict. This glimpse into the program reveals that "property destruction" is high on the agenda. I was not invited, but nonetheless, let me share my thoughts: Image
Going back to the Hague Regulations of 1907, Article 23(g) provides that it is especially forbidden “to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war” Image
The 1945 Nuremberg Tribunal established, under Article 6(b) of its charter, “wanton destruction of cities, towns or villages, or devastation not justified by military necessity” as a war crime. Image
Read 9 tweets
Itay Epshtain Profile picture
May 8
BREAKING: #Israel's 2023 (top up)-2024 "special budget allocation" (beyond the regular state budget): 75 million ILS (20 million USD) to forcibly transfer #Palestinians from Area C of the West Bank (e.g., by destroying humanitarian aid), and 404 million ILS (111 million USD)… twitter.com/i/web/status/1… Image
Furthering the annexation of occupied #Palestinian territory on February 23' with the transfer of powers to Israel's civil government, the allocations are to the Ministry of National Missions, headed by Orit Strook (Religion Zionism - Jewish Power). Image
In practice, #Israeli settlers - through regional and local councils - will be tasked and equipped to "search and destroy" #Palestinian property and humanitarian assistance they accepted. Image
Read 9 tweets
Itay Epshtain Profile picture
May 3
Since the beginning of the year, #Israel destroyed 291 #Palestinian-owned and inhabited structures (197 in Area C, 80 in East Jerusalem, and 14 in Area A&B), of which 47 were provided as humanitarian relief, the majority funded by @eu_echo and @EUCouncil Member States. As a… twitter.com/i/web/status/1… Image
According to @ochaopt, under #Israel's Netanyahu-Smotirch-Ben Gvir government - and the powers they have annexed - the monthly average of #Palestinian structures destroyed is higher than at any point since 2009. Image
@elicoh1 and @eu_eeas chief @JosepBorrellF could have discussed - meeting yesterday - the impact of @Israel's wanton and extensive destruction of property on the Palestinians, and it being codified a grave breach of #IHL and requiring effective penal sanctions against persons… twitter.com/i/web/status/1… Image
Read 5 tweets
Itay Epshtain Profile picture
Apr 26
At the @UN Security Council debate on the question of Palestine, held yesterday, @franceonu told the Council that the "cycle of violence, fueled by desperation on both sides, will only cease with the end of #Israeli colonization. France will never recognize illegal annexation of… twitter.com/i/web/status/1… Image
Following, @MaltaUNMission, noted the "unprecedented levels of violence, provocations and unilateral actions which are jeopardising any attempts at constructive remediation of the situation, and which continue to directly impact the lives and security of thousands of people. The… twitter.com/i/web/status/1… Image
Finally, @EUatUN, on behalf of all @EUCouncil Member States, recalled the "commitment to implement UNSCR 2334 and recalling that settlements are illegal under international law, constitute an obstacle to peace and threaten to make a two state solution impossible, the EU… twitter.com/i/web/status/1… Image
Read 4 tweets
Itay Epshtain Profile picture
Apr 24
Since the beginning of the year and with a new #Israeli government led by the most extreme elements, @ochaopt and @UNHumanRights documented a 57 percent increase in the number of #Palestinians killed by Israeli forces. Image
A 70 percent increase in the lethality of Israeli operations this year demonstrates a change in the rules of engagement towards the liberal use of lethal force, and the employment of tactics and weapons delivering an increasingly lethal effect.
Combined with 225 attacks by Israeli settlers against Palestinians in the West Bank, of which 89 resulted in casualties, the systematic targeting of Palestinians is a daily and deadly reality.
Read 6 tweets

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