Itay Epshtain Profile picture
May 20 3 tweets 2 min read Read on X
Much to say about this, perhaps better to do that once the @IntlCrimCourt Pre Trial Chamber decides. But I will say that Netanyahu and Gallant intend to politically exploit this to their advantage, employing a 'Scarlet Letter' strategy.
Procedurally, the Prosecutor @KarimKhanQC
having evaluated the information made available to him, initiated an investigation and found a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed.
The @IntlCrimCourt Pre-Trial Chamber would now have to examine the application and the evidence submitted by the Prosecutor and determine the following:

1) There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and the arrest of the person appears necessary (e.g., to ensure the person’s appearance at trial; to ensure that the person does not obstruct or endanger the investigation or the court proceedings; or to prevent the person from continuing with the commission of that crime).

2) The application of the Prosecutor would have to contain specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; A concise statement of the facts that are alleged to constitute those crimes; A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and the reason why the Prosecutor believes that the arrest of the person is necessary.

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More from @EpshtainItay

May 22
The journey to #Palestinian political independence and #statehood, a few milestones worth recalling in view of the decision of #Norway, #Ireland, and #Spain (and other WEOG states soon to follow):
1. In 1974, the UN General Assembly decided that the Palestinian people are the principal party to the question of political independence and permanent sovereignty of #Palestine, invested with a right to external self-determination and represented by the Palestine Liberation Organization #PLO.Image
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2. By 1988, the General Assembly, recalling Res. 181, calling for the establishment of an Arab and Jewish States, affirmed the State of # Palestine right to exercise sovereignty in the territory occupied since 1967. The right to self-determination was matched with a territory - creating a 'self-determination unit.'Image
Read 8 tweets
May 21
In 2019 I recovered this 7 July 1967 condimental memo from Theodor Meron, #Israeli MFA legal counsel, on the application of the Hague Regulations of 1907 and the Fourth Geneva Convention to territories just occupied by Israel and the prohibition on annexation. Image
If only legal counsel Meron was listened to then, Judge Meron would not have to conclude now that the evidence presented by the @IntlCrimCourt Prosecutor @KarimKhanQC "provides reasonable grounds to believe that #Netanyahu and #Gallant have committed war crimes and crimes against humanity."
Read 6 tweets
May 17
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.
Read 6 tweets
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
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
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

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