International Lawyer (PIL, LoAC). All views my own unless expressly stated otherwise.
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Sep 2 • 5 tweets • 3 min read
Too often we hear that #Israel's pending announcement of annexation of occupied Palestinian territory, in whole or in part, is the inadvertent result of recognition of the State of #Palestine, an initiative led by @KSAmofaEN and @francediplo_EN, and perhaps best avoided. Nothing is further from the truth, Here are the temporal and substantive arguments:1/3 On 28 December 2022, #Israel’s 37th Government was formed on the basis of a policy platform (enshrined as law), declaring that “the Jewish people has an inalienable right to the land of Israel. Following from the belief, the Prime Minister will formulate and promote a policy to apply sovereignty to Judea and Samaria, identifying the timing of which, according to Israeli national and international interests.”
Well before @NorwayMFA , @SpainMFA , @IrelandMFA_RBLX , and @MZEZ_RS recognized the State of #Palestine, and the @FCDOGovUK and @BelgiumMFA announced a similar intention, Israel decided to permanently acquire the West Bank, to the detriment of the Palestinian right of self-determination.
This has always been the plan, and the timing reflects Israel’s rejection of international law, not its upholding by third states.
Sep 1 • 7 tweets • 5 min read
In a statement issued last month, #Israel’s Ministry of Foreign Affairs @IsraelMFA made two of its tired and erroneous legal claims to the occupied #Palestinian territory of the West Bank and #Gaza (as was parroted by the ‘GREAT Trust’ exposed by @washingtonpost @catebrown12): The Uti Possidetis Doctrine and the Missing Reversioner Doctrine. Both were rejected by the International Court of Justice 2024 Advisory Opinion, as I will show in this thread: 1/6 In the context of international law, uti possidetis initially described the situation on the ground after an armed conflict, and the right to territory acquired through conflict. This notion of uti possidetis is no longer admissible since the established peremptory norm on aggression precludes the use of force for any acquisition of territory. Nevertheless, Israel knowingly bases itself on antiquated law.
The @CIJ_ICJ noted that following WWI, the territorial boundaries of Mandatory Palestine were laid down by various instruments. However, in November 1947, the UN General Assembly adopted Resolution 181, which included a “Plan of Partition” for the territory between two independent States, one Arab and the other Jewish, as well as the creation of a special international regime for the City of Jerusalem.
Aug 31 • 9 tweets • 4 min read
BREAKING: The #Gaza Reconstruction Acceleration and Transformation Trust (GREAT), exposed by @washingtonpost, is the twisted brainchild of @BCG, commissioned by @POTUS and @SecRubio to design a great breach of peremptory norms of international law. A short thread: 1/4 The @UN International Law Commission codified in 2022 the peremptory norms of international law (jus cogens), from which no derogation is permitted, to include the prohibition of aggression and genocide, the basic rules of IHL, and the right of self-determination of peoples. The 'GREAT' aims to systemically breach these sacrosanct norms.
Aug 26 • 4 tweets • 2 min read
1/3 This is Amichai Chikli, a blatant racist who serves as #Israel's Minister of 'Diaspora Affairs and Combating Antisemitism.' In a bid for political relevance - competing with other bigoted politicians who promote atrocities against #Palestinians - he set out to eradicate impartial humanitarian relief.2/3 Come September 9, Chikli - according to his recent admission - will exclude independent and impartial humanitarian organizations from providing aid to Palestinians in dire need in the West Bank and #Gaza. Those who are allowed to stay and deliver would do so under condition of subservience to Israel's whims and illicit acts of forcible transfer, deportation and annexation. These are the "security, laws, and foreign policy" considerations espoused by Chikli.
Aug 6 • 4 tweets • 2 min read
#Israel is set to expand its #Gaza offensive, in what amounts to 'Debellatio.' A short thread on the supreme international crime: 1/3 war of debilitation is characterized by the unlawful intent and attempt to bring the complete destruction and disintegration of all public life and institutions.2/3 Debellatio was a legal construct during a period when States were free to wage war for territorial gain. However, in contemporary international law, that would be an act of aggression.
Jul 13 • 4 tweets • 2 min read
BREAKING: Former #Israel Minister of Intelligence @GilaGamliel (@Likud_Party, the current Minister of Science) fabricates the October 2023 plan for mass deportation of #Palestinians from #Gaza, in a purported attempt to avoid complicity in the war crime of unlawful deportation and transfer. A thread: 1/3 On 13 October 2023, the Ministry of Intelligence circulated a white paper, calling for the forcible transfer of the civilian population to Rafah, leading to mass deportation to tent cities in northern Sinai, their eventual resettlement there, and the fortification of the Gaza-Egypt frontier, so they may not return.
Jul 9 • 6 tweets • 4 min read
1/5 The Assembly of States Parties to the @IntlCrimCourt concludes its special session on the crime of aggression today. Over the past three days, it has considered amendments to the exercise of the Court’s jurisdiction over the crime of aggression. The #US, not a State party, was present, on the behest of #Israel, in order to intimidate and coerce others from pursuing criminal justice for the supreme international crime.2/5 The proposed amendment, under debate, seeks to ensure that all States Parties are equally subject to the Court’s jurisdiction over aggression, allowing the Court to exercise its jurisdiction over the crime of aggression even when committed by nationals of a State that is not a party to the Statute or when committed on its territory and established a jurisdictional framework that applies uniformly to all core crime.
Jul 8 • 5 tweets • 2 min read
The parallels are uncanny...
Together with a copy of the @DonaldTrump nomination letter handed over by @netanyahu is a petition from his party, @Likud_Party, to seek endorsement of the October 23' Ministry of Intelligence plan (at the time, headed by Gila Gamliel) for mass deportation from #Gaza.
Jun 3 • 9 tweets • 3 min read
First, there was the #Gaza pier, which floated away before delivering any meaningful aid, then there were the airdrops, which landed in the Mediterranean, when they didn't kill or injure Palestinians. Now, there are the sham humanitarians - brandishing assault rifles - of the "Gaza Humanitarian Foundation" setting up death traps for Gazans starved by #Israel.
It is all an attempt to obfuscate the intentional use of starvation of civilians as a method of warfare and territorial conquest. A distraction from the grave breaches and serious violations of interntional law. A ruse leading to the death of thousands.
May 21 • 5 tweets • 4 min read
The @EUCouncil's 'qualified majority' decision to review #Israel's adherence to Article 2 of the Association Agreement raises an unresolved EU procedural law matter. A thread for those interested in the more technical aspects (which could have major legal and political implications):1/3 Article 218 of the Treaty on the Functioning of the European Union (TFEU, the founding treaty of the EU, signed in 1957 and revised in 2007) regulates agreements between the Union and third countries, such as Israel. There are three stages to it:
- The @EUCouncil authorises the opening of negotiations and adopts negotiating directives
- The @EU_Commission and the @eu_eeas HR/VP submit recommendations to the Council
- After consulting the European Parliament @Europarl_EN, the Council must reach unanimity of member states to adopt a decision concluding the association agreement
May 21 • 6 tweets • 2 min read
Ensuring respect for peremptory norms of international law, including the basic rules of IHL, is a legal duty under Common Article 1 of the Geneva Conventions and the rules on State Responsibility for Internationally Wrongful Acts. I'm encouraged by @FCDOGovUK @UKintlaw's recognition of that core legal tenet.
In 2020, the @ICRC Commentary on the Geneva Conventions confirmed the possible measures, some of which the UK has instituted, while others should be immediately considered in response to atrocity crimes:
– exerting diplomatic pressure by means of confidential protests or public denunciations
– applying measures of retorsion, such as the halting of ongoing negotiations or refusing to ratify agreements already signed, the non-renewal of trade privileges, and the reduction or suspension of voluntary public aid
– adopting lawful countermeasures such as arms embargoes, trade and financial restrictions, flight bans, and the reduction or suspension of aid and cooperation agreements
– resorting to penal measures to repress violations of humanitarian law and supporting international efforts, including by the @IntlCrimCourt, to bring suspected perpetrators of serious violations of IHL to justice
May 12 • 8 tweets • 4 min read
ALERT: Yesterday, #Israel's War Cabinet approved the wholesale 'title registration' of West Bank land, completing its annexation, and entrenching Israel's unlawful presence. This unprecedented decision will deny millions of #Palestinians their housing, land, and property rights.
A two-prong legal analysis applies to this decision: 1/2 Up until July 2024, it was in breach of the rules of usufruct—under Article 43 and 55 of the Hague Regulations—according to which Israel, as the Occupying Power, is only a temporary administrator of occupied territory.
May 6 • 5 tweets • 3 min read
BREAKING: Israel’s New INGO Registration Measures Are a Grave Threat to Humanitarian Operations and International Law, Say 55 Organizations.
55 organisations operating in #Israel and the occupied #Palestinian territory (oPt) call for urgent action from the international community against new Israeli registration rules for international NGOs.
"Based on vague, broad, politicised, and open-ended criteria, these rules appear designed to assert control over independent humanitarian, development, and peacebuilding operations, silence advocacy grounded in international humanitarian and human rights law, and
further entrench Israeli control and annexation of the occupied Palestinian territory."
Under the new provisions, INGOs already registered in Israel may face de-registration, while new applicants risk rejection based on arbitrary, politicised allegations, such as “delegitimising Israel” or expressing support for accountability for Israeli violations of international law.
"By framing humanitarian and human rights advocacy as a threat to the state, Israeli authorities can shut out organisations merely for speaking out about conditions they witness on the ground, forcing INGOs to choose between delivering aid and promoting respect for the protections owed to affected people."
INGOs are further required to submit complete staff lists and other sensitive information about staff and their families to Israel when applying for registration. "In a context where humanitarian and healthcare workers are routinely subject to harassment, detention, and direct attacks, this raises serious protection concerns."
These new rules are part of a broader, long-term crackdown on humanitarian and civic space, marked by heightened surveillance and attacks, and a series of actions that restrict humanitarian access, compromise staff safety, and undermine core principles of humanitarian action.
Under international humanitarian law, occupying powers are obligated to facilitate impartial humanitarian assistance and ensure the welfare of the protected population.
"Any attempt to condition humanitarian access on political alignment or penalise organisations for fulfilling their mandate risks breaching this framework. The International Court of Justice (@CIJ_ICJ ) ordered Israel to allow unimpeded delivery of humanitarian aid to Gaza in three legally binding provisional measures orders in 2024. Yet, these new rules expand and institutionalise existing barriers to aid."
May 5 • 8 tweets • 5 min read
Last night, #Israel's War Cabinet approved a plan for partisan and militarized aid distribution in #Gaza, led by US-based private military security companies and the opaque 'Gaza Humanitarian Foundation.' Let's dig into the facts and law that underpin this facade of humanitarianism:1/5 The 'Gaza Humanitarian Foundation' was registered in Switzerland earlier this year and is led by David Papazian (Former CEO of Armenian National Interests Fund), Samuel Marcel Henderson, and David Kohler (CEO of Kohler Co.). None have any apparent links to, or experience with, humanitarian relief.
Apr 29 • 6 tweets • 4 min read
A few observations on yesterday's intervention by @UN Counsel, the formidable Elinor Hammarskjöld @Elinorjbh, at the @CIJ_ICJ: 1/3 At the outset, the relevance of the Courts' 2024 Advisory Opinion on the unlawfulness of Israel's continued presence in the occupied #Palestinian territory was invoked. "#Israel's assertion of sovereignty over and its annexation of certain parts of the oPt constitute a violation of the prohibition of the acquisition of territory by force." This cornerstone finding is relevant to the current proceeding, argued Hammarskjöld, because Israel must respect the "decisions of the representative of the Palestinian people to receive basic goods and services from the United Nations entities [and other impartial humanitarian organizations - IE] in order to fully enjoy their right to self-determination. Israel is bound to respect the decision of the Palestinian people on the manner in which the dependence of the West Bank, including East Jerusalem, and Gaza on Israel for the provision of basic goods and services should be reduced." 2/3 Second, Hammarskjöld laid out the continuum of humanitarian relief and development assistance in situations of prolonged belligerent occupation: "The content of relief schemes depends on the needs of the population of an occupied territory. The legal obligation covers those needs that have to be addressed immediately [e.g., food, water, shelter, and hygiene facilities]. The definition should also be understood to cover needs which may be more long-term, in particular in cases of prolonged occupation. For example, relief schemes to address long-term needs may include items that are essential for the construction and repair of certain infrastructures, including medical and sanitation facilities, and items and services to eradicate poverty." From that, it follows that relief schemes need to be adapted to the evolving needs. "The occupying Power must agree to such relief schemes, as adapted, and facilitate them."
Apr 23 • 6 tweets • 4 min read
Alarming reports from last night's #Israeli War Cabinet meeting: Minister of Defense @Israel_katz confirmed that aid - delivered by impartial humanitarian organizations - would not be allowed into #Gaza, and relief, if and when provided, would be handed out by private US-based military security companies.
Katz was immediately contradicted by his Co-Minister of Defense, @bezalelsm, who argued that, in any event, obstructing humanitarian relief is critical to the Israeli war effort and the implementation of the '@realDonaldTrump Plan' for the mass deportation of #Palestinians.
Apr 19 • 8 tweets • 4 min read
In two weeks, #Israel's parliament, Knesset, will come back to the spring legislative session. It will consider the draft bill tabled by Amit Halevi (Likud) to 'apply the rule, law, and administration of Israel to Judea and Samaria.' A short thread on what sets this draft bill apart from previous legislative attempts at annexation of occupied #Palestinian territory: 1/3 The author - a pundit of Israeli acquisition of occupied territory by force - is cognizant of the twenty previously tabled bills to annex the West Bank and Gaza, and wishing to appear more pragmatic, suggests a phased approach, beginning with the West Bank (with #Gaza to follow). To the 3 million #Palestinians residing in the West Bank, the draft bill offers a five-year 'temporary residence,' after which they may apply for 'permanent residence' under draconian measures (e.g., relinquished housing, land, and property rights).
Apr 16 • 4 tweets • 2 min read
BREAKING; #Israel's Minister of Defense @Israel_katz publicly announces what humanitarians have been informally told by Israeli officials: 1/2 Obstruction of humanitarian relief to #Gaza's civilians is a means to accomplish a military objective - unseating Hamas, where all else has failed. (Read: the use of starvation as a method of warfare). 2/2 No plans to lift the absolute besiegement of Gaza and ban on humanitarian relief schemes are considered. If and when Israel allows for aid, it would be exclusively delivered by private military security companies operating on its behalf (Read: the militarization of humanitarian response in order to accomplish military objectives in breach of principles of neutrality, independence and impartiality).
Apr 5 • 4 tweets • 2 min read
Good morning from the Hague, where the International Bar Association War Crimes Committee is convened to discuss impunity's impact on international law. Looking forward to contributing to the investigation and prosecution of war crimes, and the protection of civilians during armed conflict.
As we discuss defending humanity in hostilities, the suggestion that #Israel alone should investigate this egregious incident - with evidence brought forward by @PalestineRCS of the murder of protected medical personnel - is an insult to justice and the sacrosanct rules of #IHL.
Apr 4 • 4 tweets • 2 min read
Next time you hear about #Israeli settler violence directed at #Palestinians across the occupied West Bank, remember this: it is initiated and controlled by Israeli central and local government. Seen earlier today, Minister of Defense @bezalelsm and Minister of Settlements @oritstrock arming extremists of the settlement outposts on the outskirts of Hebron.
Art. 8 of the @UN International Law Commission (ILC) Responsibility of States for Internationally Wrongful Acts is clear: "The conduct of a person or group of persons shall be considered an act of a State under international law if the person or group of persons is in fact acting on the instructions of, or under the direction or control of, that State in carrying out the conduct."
Apr 4 • 4 tweets • 2 min read
When it comes to the permanent acquisition of the West Bank and #Gaza, #Israel has always considered annexation by administrative means, falling short of formal deceleration. In this classified protocol of the Knesset Foreign Affairs and Security Committees, from July 1967, the Military Commander of the Gaza Strip, Col. Aviv Barzilay says: "The more we take action that means that we have not come to the (Gaza) Strip in order to leave (...) it proves to its inhabitants that our plans are long-term and not transitional, and that is reflected in (their) cooperation."
Minister of Defense Moshe Dayan clarified: "(it is) true that there is military rule (of occupied territory), and formally, only the IDF is responsible for everything. But in reality, the government decrees that every Israeli ministry is responsible for its area of competence in liberated territories."