Itay Epshtain Profile picture
Feb 23 4 tweets 2 min read Read on X
What do we learn from #Israel's leaked day-after document:
1. It's conducting a war of debilitation intended to annihilate government functions in #Gaza.
2. It intends to permanently acquire (read: annex) territory in Gaza under the guise of security needs.
3. It is determined to suppress all manifestations of #Palestinian self-determination, including political independence, territorial integrity and permanent sovereignty.Image
In 1974, the @UN defined the act of aggression. #Israel's current conduct in #Gaza and its stated intentions with respect to occupied #Palestinian territory rise to the level of a crime of aggression.
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#Israel’s objective in Gaza has been framed, including by the Prime Minister of Israel, as a “fight until we achieve total victory,” which amounts to a 'war of debilitation,' characterized by the unlawful intent and attempt to bring the complete destruction and disintegration of all public life and institutions. Debellatio was a legal construct during a period when states were free to wage war for the purpose of territorial gain. However, in contemporary international law, that would be an act of aggression.Image
In 1946, the International Military Tribunal in Nuremberg delivered its judgment, establishing that "a war of aggression [...] is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole." The concept of 'debellatio,' including the complete and total defeat of an adversary, and the taking of "spoils of war" (the territory and sovereignty of the vanquished belligerent) has been outlawed.Image

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More from @EpshtainItay

Feb 21
Two significant developments this afternoon, in the first the #Israeli Parliament, with an overwhelming majority of 99 out of 120 members - from coalition and opposition parries - adopts the following:
1. Israel utterly rejects international diktats regarding a permanent settlement with the #Palestinians. A settlement, if it is to be reached, will come about solely through direct negotiations between the parties, without preconditions.
2. Israel will continue to oppose unilateral recognition of a Palestinian state. Such recognition in the wake of the October 7th massacre would be a massive and unprecedented reward to terrorism and would prevent any future peace settlement.Image
Addressing the plenary, #Netanyahu said: "I congratulate the members of the Knesset, including from the opposition, who voted with a huge majority in favor of my proposal that Israel oppose being unilaterally dictated to establish a Palestinian state. I don't remember many votes that the Knesset voted with a majority of 99 out of 120. The Knesset united with an overwhelming majority against the attempt to dictate to us the establishment of a Palestinian state,a dictate that will not only not bring peace but will endanger the State of Israel. The members of the House are united as the people are united in a way that has never been before. Today's vote sends a clear message to the international community."Image
In a second development, a climate of disregard towards international legal norms - and the negations of #Palestinians inalienable rights - leads #Israeli armed forces to commit war crimes, admits the Military Advocate General Maj. Gen. Yifat Tomer-Yerushalmi. Image
Read 10 tweets
Feb 17
BREAKING: Speaking at a presser this evening, #Israel's Netanyahu confirmed ground operations in #Rafah will coincide with the forcible transfer of already displaced #Palestinians. He did not divulge as to whether, but I suspect his former National Security Advisor and close confidant Meir Ben Shabbat has already mapped it out.Image
On 15 October 2023, exactly 4 months ago, his government-sponsored think tank identified two such locations: 1. the area east of #Rafah (once the location of the #Gaza airport, long destroyed by Israel) to which hundreds of thousands of Palestinians can be forced. Image
2. An area in northern Sinai, close to #Egypt's Rafah, to which Palestinians could be deported (where Egypt, the #US, and the #UN will provide humanitarian relief, suggest the authors of the policy paper). Image
Read 4 tweets
Feb 16
BREAKING: #Israel's Channel 13 News reports an overnight Cabinet meeting in which #Netanyahu presented a position paper on (opposing) a #Palestinian state. So far no news here, but the fact that Benny #Gantz - considered by too many as a political alternative - says "For the record, I oppose a Palestinian State," should resonate.Image
It needs to be made clear that there is no #Israeli political consultation in which it engages in good-faith negotiations toward a politically independent and permanently sovereign #Palestinian state. The only way forward is adjudication and mandatory arbitration, imposing an end to Israeli occupation and the realization of Palestinian self-determination.
Sic. Political constellation.
Read 4 tweets
Feb 9
BREAKING: #Israel's Netanyahu confirms operational plans to forcibly transfer - and possibly deport - 1.3 million #Palestinians coerced to #Rafah at #Gaza's most southern end. An operational plan conceived, as I had argued, four months ago. Image
#Israel's former National Security Advisor and close confidant of the PM, Meir Ben-Shabbat, has laid out the options leading Israel down the path of a war of aggression - a gross violation of international law - on 13 October already, let's recall; Image
The directive to deport 2.4 million #Palestinians out of occupied #Gaza and onto #Egypt and beyond has been officially endorsed by #Israel's Ministry of Intelligence on 13 October, Ben-Shabbat being the author. Image
Read 14 tweets
Feb 8
The rolling #Israeli ground operation in #Rafah, southern #Gaza was planned on 13 October 2023 by the Ministry of Intelligence, with the intent to force the mass deportation of #Palestinians across the border to #Egypt. The risk of this plan materializing is now at its highest.
The law is clear, imposing an absolute prohibition on the deportation of occupied peoples, such as #Palestinians in #Gaza, and #Israel will not be able to preclude the wrongfulness of such acts (or the attempt to annex Gaza in the aftermath, amounting to a crime of aggression). Image
Attempts to present forcible transfers or deportations as consensual or negotiated were addressed by the International Criminal Tribunal for the Former Yugoslavia (ICTY) and rejected. The law is clear that coercion leading to forced displacement is equally prohibited. Image
Read 5 tweets
Jan 28
BREAKING: Within the first hour the "Return to #Gaza Conference" - attended by #Israeli Cabinet Ministers and Members of Parliament - presents a plan for the re-establishment of 15 Israeli settlements and the addition of 6 new ones, on where recently destroyed #Palestinian communities stood.Image
The list of those in attendance corresponds to #Israeli officials named by #SouthAfrica in the @ICJ proceeding in connection with direct and public indictment to #genocide.
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That #Israeli officials would convene a high level meeting to plan an act of aggression - the acquisition of occupied territory and its colonization - is an early indication of intent to breach the provisional measures order by the @CIJ_ICJ.
Read 8 tweets

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