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Itay Epshtain Profile picture
@EpshtainItay
Jun 6 • 5 tweets • 4 min read Twitter logo Read on Twitter
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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
Jun 8
In July 1967, weeks after it occupied the West Bank and Gaza, #Israel considered - in a top secret memo (*with utmost thanks to @Akevot for exposing) - two primary options for the recently occupied territory. Annexation or the establishment of a #Palestinian state. Image
Israeli officials write with a sense of urgency, cautioning that Israel will be perceived by the international community as "maintaining colonial rule in these occupied territory," while considering the options for an example of occupied Palestinian territory.
Annexation of the West Bank and Gaza to Israel, "with limited autonomy for the people of the West Bank (e.g., establishing a canton l)," is seento allow for effective control and isolation of Gaza. They are equally aware of the prohibition on annexation and alien domination. Image
Read 7 tweets
Itay Epshtain Profile picture
May 24
BREAKING: On Sunday 28 May, the #Israeli Ministerial Committee on Legislation chaired by Yariv Levin (MoJ, Likud) and Itamar Ben Gvir (Jewish Power) will consider - for endorsement - the draft bill tabled by Ariel Kallner (Likud) imposing a 65% tax on foreign aid to Israeli and… twitter.com/i/web/status/1… 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
Read in conjunction with the draft bill tabled by Strook and Rothman (Religious Zionism Jewish Power) to automate the transposition of Israeli civil law to occupied Palestinian territory, the bill imposing a tax would apply to Palestinian NGOs in the West Bank and Gaza,… twitter.com/i/web/status/1… Image
Read 4 tweets
Itay Epshtain Profile picture
May 23
Yesterday, the people of Ein Samiya (on the outskirts of Ramallah), following severe and repeated settler attacks had to leave their homes. The entire community consisting of 37 households (roughly 172 people, including 78 children) were forcibly transferred through coercion. Image
Violence, directed at #Palestinian persons and property, is inherent to #Israeli settlements. From their establishment to their expansion through outposts, settlements exteriorize harassment and violence against Palestinians in their path, as the heat map shows. Image
The International Criminal Tribunal on Yugoslavia (ICTY), and later the @IntlCrimCourt, held that the term “forcibly” in relation to forcible transfer is not restricted to physical force, but may include threat of force or coercion, such as that caused by fear of violence,… twitter.com/i/web/status/1…
Read 8 tweets
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 9
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…
Read 5 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

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