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

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

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.

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."

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.

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."

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.

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).

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).

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.

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."

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."

The suppression of civic and humanitarian space by #Israel is nothing new, and predates the 1967 occupation of the West Bank and Gaza. Case in point is Al-Ard ('The Land', founded 1958), an organization of #Palestinian citizens of Israel, designated as unlawful by Israel in 1964. A throwback: 1/3 In 1964 Al-Ard addressed a memorandum to the @UN Secretary General on the 'Arabs in Israel,' detailing the discriminatory policy pursued by the Government of Israel. In retaliation, the Israeli NGO Registrar re-registered the organization, a decision later upheld by the Israeli High Court of Justice.

BREAKING: In a joint statement, #Israel's co-ministers of defense @Israel_katz (Likud) and @bezalelsm (Religious Zionism) confirm the government's intention to permanently acquire, colonize, and annex the entirety of the occupied West Bank, at the expense of #Palestinian sovereignty.
1/5 This egregious plan includes the wanton and extensive destruction of Palestinian homes and humanitarian and development assistance - schools, health clinics, livelihoods - provided by @eu_echo, @EU_Commission, @EUCouncil member states, and @NorwayMFA and @FCDOGovUK, under the guise of maintaining public order.

Earlier today, in 64 pages of legal perversion, the #Israeli High Court of Justice effectively rejected the @Gisha_Access petition to order the government to agree and facilitate humanitarian relief to the civilian population of #Gaza. A short thread: 1/5 At the outset, Israel's constitutional court held that Gaza was not under belligerent occupation, absolving Israel from the duties of an occupant to restore and ensure, as far as possible, public order and life in the occupied territory.

Minister Amichai Chikli deliberately distorts facts and law. So, let’s correct this perversion once and for all:

1/6 International Non-Governmental Organizations (INGOs) providing humanitarian and development assistance to Palestinians in the West Bank and Gaza do not seek to operate in #Israel but in #Palestinian territory, which Israel – according to the International Court of Justice - unlawfully occupies. 2/6 International Humanitarian Law (#IHL) is crystal clear: for as long as Israel continues to occupy the oPt, it has no latitude to refuse requests for humanitarian relief by the Palestinian people, it is their right to receive aid; nor is Israel allowed to deny impartial humanitarian organizations access to and presence in the occupied Palestinian territory; it is their right to provide aid.
As the occupant, Israel only has nominal control rights. It can, reasonably, satisfy itself that relief consignments and services are addressed to the population in need; and that relief consignments do, in fact, consist of relief supplies and do not contain weapons, munitions, or military equipment.

BREAKING: #Israel's Minister of Energy, Eli Cohen, orders the Israel Electrical Company to immediately cease power sale and transmission to Gaza. 1/3 In July 2024, the International Court of Justice @CIJ_ICJ determined that "Israel’s withdrawal from the #Gaza Strip has not entirely released it of its obligations under the law of occupation. Israel’s obligations have remained commensurate with the degree of its effective control over the Gaza Strip."

In February 1988, 37 years ago, #Hamas was formed in #Gaza, encouraged and aided by #Israel as an opponent to the PLO. Many decades later, Israel's government continues to support Hamas, at the expense of the #Palestinians. A short thread: 1/3 Since the 2006 Hamas takeover of Gaza, Israel's (current) Minister of Finance and overseer of occupied territory territory, Smotrich @bezalelsm, spoke out against unseating it, naming Hamas an asset and the PLO-led Palestinian Authority a liability.

https://x.com/KnessetT/status/1394583134344200192?t=PaPx_abN1Vfoj1lq8wRguA&s=08

EXCLUSIVE: Within the extensive dossier of files presented to the International Court of Justice @CIJ_ICJ in the pending advisory proceeding oh the presence and activities of UN agencies and humanitarian organizations in occupied Palestinian territory, is one document that tells the story of Israel's prolonged, acquisitive and unlawful occupation. A thread:
The year is 1980, Israel's ambassador to the UN, Dr. Yehuda Blum, accords to @UNDP, set out to commence operations in occupied Palestinian territory, the privileges and immunities of the 1946 Convention on the Privileges and Immunities of the United Nations. However, 12 years before that, Blum set the course for Israel's attempt to colonize and permanently acquire Palestinian territory, to the absolute detriment of the people UNDP was to serve.

What "deal" at the expanse of the inalienable rights of Palestinians will #Trump and #Netanyahu discuss on Tuesday? A short thread. 1/4 Before any mention of a phased #Gaza ceasefire, the two will - in an attempt to ring fence Netanyahu's radical coalition government - discuss US recognition of Israel's annexation of the West Bank, in whole or in part, evoking Trump's 'Peace to Prosperity' Plan.

On Monday, the Nagel Commission (chaired by former National Security Advisor Prof. Jacob #Nagel) presented Israeli PM Netanyahu with its report on building Israeli military power, suggesting an overhaul towards a proactive attack posture and increased budget appropriation. A thread on what a more aggressive #Israel is going to look like: 1/6 The report assumes two major threats in the next ten years: A nuclear Iran and conflagration in the West Bank, Lebanon, Gaza, Syria, and Jordan (in that order). The Commission notes that threats in Gaza, Syria, and Lebanon have been addressed since 7 October, while the West Bank (referred to as 'Judea and Samaria') and Jordan, owing to the presence of settlements, pose a critical threat necessitating an increased Israeli military territorial footprint.