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Itay Epshtain Profile picture
@EpshtainItay
Jun 6, 2023 • 5 tweets • 4 min read • Read on X
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On this day, 56 years ago, #Israel invaded - in a premeditated attack - Gaza and the West Bank. Despite subduing its Egyptian and Jordanian adversaries by the 10th of June, it had since occupied #Palestinian territory with no military exigency justifying it's prolongation. Image
Two weeks after #Israel occupied #Palestinian territory, a group of Israelies took out an ad, reading:

"Occupation leads to alien rule.
Alien rule leads to resistance.
Resistance leads to oppression.
Oppression leads to terror and counter terror.
Victims of terror are for the… twitter.com/i/web/status/1… Image
Prof. Michael Bothe puts it aptly: "Even if the Israeli version on the beginning of the
invasion were true (quod non) its ensuing actions concerning the West Bank violate the jus in
bello. A claim of self-defense defense fails because self-defense is only that military action… twitter.com/i/web/status/1… Image
If this secret Israeli communication (exposed by @Akevot) wasn't dated July 1967, it could have been written today:

"Mr. Prime Minister, there are those among us who believe the occupied territory we hold will not be abandoned or negotiated (...) No third party, as strong as… twitter.com/i/web/status/1… Image
When I say premeditated attack - designed to occupy territory - that is based, in part, on the Israeli Defense Forces Military Advocate General own account of preparing for belligerent occupation from 1963 to January 1967, years before Israel alleged acting in self defense. Image

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More from @EpshtainItay

Itay Epshtain Profile picture
Dec 30, 2024
ALERT: Next week, the #Israeli parliament will vote on a draft bill (tabled by Moshe Passal, Likud) imposing a 20 percent text on humanitarian relief items destined for Gaza, not specifically designated by the Minister of Defense as 'basic commodities.' The explanatory note reads: "At the onset of the war, Israel declared a total siege on #Gaza, preventing the entry of water, food and humanitarian relief. Following international pressure, Israel permitted the entry of aid [...] however, they include non-basic items, such as cigarettes."Image
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1/3 The draft bill comes after, in October 2024, the Ministry of Economy and Industry exempted from tax international humanitarian aid to Gaza, subject to the approval of the Israeli Civil Administration of Gaza, subordinate to Minster Bezalel Smotrich. The limited exemption led to a political backlash in the form of the proposed tax.Image
Image
2/3 While Israel maintains that it is not the occupying power in Gaza, including most recently in a November 2024 response to a @Gisha_Access Israeli High Court of Justice petition, the Interntional Court of Justice @CIJ_ICJ ruled that Israel is not released of its obligations under the law of occupation commensurate with the degree of its effective control over the Gaza Strip exercised before, and after, 7 October 2023.Image
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Read 5 tweets
Itay Epshtain Profile picture
Dec 30, 2024
The @washingtonpost and @nytimes report on indiscriminate, disproportionate and reckless patterns of #Israeli attacks on #Gaza, including through the automation of target acquisition, as reported months ago by @972mag @yuval_abraham. My legal reflection follows: 972mag.com/lavender-ai-is…
1/3 In a non-international armed conflict (NIAC), an individual whose continuous function involves the preparation,
execution or command of operations amounting to direct participation in hostilities on behalf of an organized armed group is considered a member of that group.
That person is seen to have "continuous combat function" (CCF) and loses his protection against the dangers arising from military operations for the duration of that membership. Persons cease to be civilians within the meaning of IHL for as long as they hold 'CCF'.
CCF equates members of armed
groups in a non-international armed conflict with members of state armed forces in international armed conflicts. Importantly, it refers exclusively to the armed or military wing of a non-state party, not civilian institutions it may oversee.
However, situations of occupation, such as that characterizing #Israeli control of the West Bank and #Gaza are a particular form of
international armed conflict (IAC), not a NIAC.
The ICTY, established in the Tadic case that ‘an armed conflict exists whenever there is a resort to armed force between States or protracted armed
violence between governmental authorities and organized armed groups or between such groups within a State.’
2/3 Since #Israel is not the territorial state in which hostilities occur – instead, they transpire in occupied territory - the classification of NIAC would not apply, and nor would the concept of CCF. Subsequently, Israel cannot lawfully claim targeting on the basis of CCF.
An extension of the concept of direct participation in hostilities beyond specific acts would blur the distinction made in IHL between activity-based loss of protection, and function-based loss of protection (due to combatant status, in IAC, or CCF in NIAC).
Consequently, in accordance with the object and purpose of IHL in IACs (including situations of belligerent occupation), the concept of direct participation in hostilities must be interpreted as restricted to specific hostile acts.
Members of Hamas lose protection against direct attack for the duration of each specific act amounting to direct participation in hostilities. In case of doubt, the person must be presumed to be protected against direct attack. #Israel automated the removal of precautions.
When protection is temporarily lost, the principles of military exigency, distinction, proportionality and precaution in attack apply. #Israel has automated the removal of rules governing a lawful attack, resulting in colossal harm to civilians and civilian infrastructure.
Read 6 tweets
Itay Epshtain Profile picture
Dec 27, 2024
UN Secretary-General @antonioguterres reports on the implementation of the @CIJ_ICJ Advisory Opinion on #Israeli practices in occupied @Palestinian territory, and #UNGA Resolution ES-10/24. A thread outlining key observations: Image
1/5 Member States have reported legal measures seeking accountability for violations of international law, including supporting the establishment of an “international register of damages” and strengthening legislative frameworks to support Palestinian self-determination. Image
2/5 Political or diplomatic measures reported by Member States include recognizing and establishing full bilateral relations with the State of Palestine, imposing sanctions or restrictive measures, including asset freezes and travel bans, against Israeli settlers or settler organizations, and initiating or joining international initiatives in support of a just and comprehensive peace.Image
Read 6 tweets
Itay Epshtain Profile picture
Dec 23, 2024
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
Itay Epshtain Profile picture
Nov 25, 2024
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
Itay Epshtain Profile picture
Nov 18, 2024
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

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