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Itay Epshtain Profile picture
@EpshtainItay
May 17 • 6 tweets • 1 min read • Read on X
International Court of Justice #ICJ @CIJ_ICJ Judge Georg Nolte asks #Israel the question on the question on the mind of numerous humanitarians and legal scholars - how can it guarantee safety and proper accommodation for forcibly displaced Palestinians in #Gaza? Image
In particular, Jude Nolte asked for information on satisfactory conditions of shelter, hygiene, health, and nutrition in areas to which #Israel has forced Gazans, including the 600K forced from #Rafah to #AlMawasi most recently.
Proper accommodation, safety, and a guarantee that persons disputed shall be transferred back to their homes as soon as hostilities have ceased are the elements that distinguish an evacuation of a given area from forcible transfer, which is prohibited regardless of motive.
It would also define an unlawful deportation or transfer amounting to a grave breach of international humanitarian law #IHL committed by #Israel, and a war crime commissioned by those who ordered and executed forcible transfer in #Gaza.
nrc.no/news/2024/may/…
SIC. Persons displaced.

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More from @EpshtainItay

Itay Epshtain Profile picture
Apr 30
While #Israel continues to consider a ground offensive in #Rafah, too often are the warnings of jurists and humanitarians that its rejection of the fundamental rules of the law of armed conflict - leading to atrocities - are disregarded. If you won't listen to us, perhaps you would Israel's head of the military justice system?Image
In her confidential letter to Israeli military commanders from February, the Military Advocate General 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
The "criminality" to which the #Israeli MAG refers is in fact, the grave breach of the Fourth Geneva Convention, which prohibits wilful killing, torture, or inhuman treatment, wilfully causing great suffering or serious injury, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.Image
Read 4 tweets
Itay Epshtain Profile picture
Apr 13
BREAKING: #Israel's Attorney General Gali Baharav-Miara admits, in a legal opinion submitted for review by the government tomorrow (Sunday), that it has annexed the occupied West Bank (in grave breach of international law). See for details: Image
1/3 The #Israeli government is set to allocate an additional 40 million ILS to 'Ariel University,' located in a West Bank settlement of the same name, due to its exclusion from international academic collaboration and exchange programs.
2/3 In her legal opinion, #Israel's Attorney General refers to 'Judea and Samaira' (the West Bank) as "geographic areas coming under the (authority) of the Government of Israel on 5 June 1967."
Read 5 tweets
Itay Epshtain Profile picture
Apr 8
BREAKING: #Israel's Ministry of Defense issued an 'Urgent Tender' due yesterday for 40,000 12-person tents. Simple math shows Israel is planning to accommodate 480,000 people, most likely #Palestinians forcibly displaced to #Rafah, as part of a planned ground offensive that would see them displaced again.Image
The political and practical arrangements for a #Rafah offensive continue; I would not read #Israel's redeployment of ground forces as the end of hostilities but as preparation for the next phase, which may prove to be even more devastating - bringing about mass displacement and deportation:
'Displace and replace,' remains the plan for the linchpin party of the Israeli government. Image
Read 4 tweets
Itay Epshtain Profile picture
Apr 5
@NRC_Norway calls for the immediate cessation of hostilities to avert further atrocities, after six months of unparalleled hostilities in #Gaza.
"The humanitarian crisis in #Gaza has reached catastrophic levels, with nearly the entire population forcibly displaced and facing dire shortages of essential goods and services for survival," said @NRC_Egeland, secretary general of @NRC_Norway.
#Gaza has become one of the world’s most dangerous areas, with civilians and aid workers facing unprecedented risks and indiscriminate attacks, in what amounts to gross and systemic violations of international law.
Read 10 tweets
Itay Epshtain Profile picture
Apr 4
BREAKING: In the #Israeli High Court of Justice hearing of the petition by @Gisha_Access to order the State to remove impediments to humanitarian relief to #Gaza, the State Council makes two interrelated arguments: Image
1/3 First, #Israel is not the occupying power in #Gaza, with respect to Art.42 of the Hague Regulations, as it is not under its actual authority, but under that of Hamas. Counsel would like to share facts an 'in camera' session. Image
2/3 Second, #Israel complies with Article 23 of the Fourth Geneva Convention and Article 70 of Additional Protocol I: as a belligerent - and not as an occupying power - it has allowed relief actions in #Gaza to be undertaken. Image
Read 4 tweets
Itay Epshtain Profile picture
Apr 4
Two legal reflections on the expose by @yuval_abraham @972mag: #Israel's misapplication of 'continuous combat function,' and the low threshold for civilian harm. A thread: 972mag.com/lavender-ai-is…
1/10 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.
2/10 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'.
Read 11 tweets

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