Nimer Sultany Profile picture
Reader in Law @soasLAW author of Law & Revolution: Legitimacy and Constitutionalism After the Arab Spring. Editor-in-Chief, The Palestine Yearbook of Int'l Law
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Nov 12 25 tweets 6 min read
The 3 orders by the @CIJ_ICJ on genocide and its advisory opinion in July are hugely important, and they will be for decades to come, even if "there is no justice under US empire". A thread on law during genocide: 1. Let us first be clear on basic concepts. I heard repeatedly the phrase "juridification of resistance" in reference to ICJ cases, in recent months. What is "resistance" and how was it "juridified"? and what is the empirical evidence supporting this assertion?
Oct 26 6 tweets 2 min read
Do yourself a favour and download @ForensicArchi 827 pages of evidence and analysis of Israel's genocide in Gaza. Amazing work.

A Cartography of Genocide
forensic-architecture.org/investigation/… "Our findings indicate that Israel’s military campaign in Gaza is organised, systematic, and intended to destroy conditions of life and life-sustaining infrastructure."
Oct 16 26 tweets 8 min read
How Israel's targeting of Palestinian children proves that it is committing genocide:

The powerful @nytimes article by @FerozeSidhwa and his colleagues adds to the mounting evidence that makes it irrefutable that Israel is committing genocide in Palestine, here is why: Recall that the Genocide Convention enumerates these genocidal acts: Image
Oct 1 7 tweets 2 min read
The history of the decades-long Israeli policy of deliberately targeting Arab and Palestinian civilians, massacring them and displacing them, is too long to tell, and preceded the Dahiya Doctrine (2006), but here are some episodes of admission:

1. Dayan and Sharon 1950s Image 2. Rabin 1966: "the problem was the civilians..." Image
Sep 26 7 tweets 2 min read
If you want to know why Palestine is the litmus test for the whole post WWII international human rights system, you should, and I cannot recommend this enough, read @dirkmoses magnum opus "The Problems of Genocide", especially pages 348-363: here are some highlights: Many of the architects of the "human rights revolution" had zionist sympathies and the in the name of human rights they justified colonialism and expulsion of the natives, the Palestinians. Image
Sep 26 9 tweets 3 min read
The actual experts on genocide, who taught us analytical clarity, have spoken up for months against the genocide (@martinshawx, Raz Segal, William Schabas, John Quigley, and recently Omer Bartov). But the @NewLeftReview are unable to educate themselves and take a stand. Countries that experienced genocide say this is a genocide, but the @NewLeftReview are unable to educate themselves and take a stand, they are waiting for "analytical clarity" to descend upon them:
Sep 9 8 tweets 3 min read
For those who are still thinking about "complementarity" in the ICC and whether the Israeli investigative and legal system is robust to hold perpetrators of crimes against Palestinians to account, I have a list of reading suggestions for you: 1. Here is the state of the Israeli police: haaretz.com/opinion/editor…
Sep 1 8 tweets 3 min read
It has been clear from the beginning of this genocide that there is no genuine "military goal" of returning the hostages. It merely conceals genocidal intent. Here are some resources, in case you missed it: 🧵1/8

#Genocide_in_Gaza Day 331 22 Nov 2023: Israeli spokesman: war will continue even if hostages released.

23 December: Minister Dichter: "even if hostages return tomorrow, war will not end" 2/8
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Aug 21 9 tweets 3 min read
Once again Zionists seek to deny that Zionism is a settler colonial movement, but early Zionists and British commissions of inquiry were clear about the colonial nature of Zionism: 🧵 Zionist leaders like Ben-Gurion and Weizmann were clear about the colonial nature of their project and the historical examples that resembled their colonising activity, see:
Aug 5 6 tweets 3 min read
118 pages report by B'Tselem on Israel's network of torture camps btselem.org/sites/default/…

Image "Various testimonies revealed repeated use of sexual violence, in varying degrees of severity, by soldiers or prison guards against Palestinian detainees as an additional punitive measure... The testimonies also reveal cases of gang sexual violence and assault" Image
Jul 27 19 tweets 7 min read
🧵 1. This news of armed conflict from Myanmar is a reminder of how lame are the attempts by some legal scholars to deny the charge of Israeli genocide, distinguishing it from Myanmar, because of "armed conflict" in Gaza: 1/19 apnews.com/article/myanma… 2. The conflict in Myanmar is often dubbed "the longest civil war" in the world, with no less than 35 ceasefires since 1989. In fact, in October 2023 Myanmar witnessed a military offensive by three armed groups apnews.com/article/shan-a…
Jul 21 19 tweets 7 min read
How does @CIJ_ICJ advisory opinion refute Israel's invocation of "security" or "self-defence", including arguments since October that "we cannot reward murderers with a state": a thread:

link to text of ruling: icj-cij.org/case/186 1. To begin with, ICJ emphasises that Palestinian territories are a single territorial unit, including East Jerusalem and Gaza. Israel cannot annex E. Jerusalem and discard Gaza behind a siege. It needs to withdraw from all OPT and allow self-determination.

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Jul 20 14 tweets 3 min read
This is a contradictory statement and does not accurately depict the role of law: Thread: The "law, at all scales" is not "always a servant of power" because it can be "a tool for political contestation". If law can be wielded by opposing parties then it is not "always a servant", definitely not "all law", as the ruling yesterday shows.
Jul 19 33 tweets 10 min read
The big news is that the court determines that Israel is exercising an unlawful occupation that violates prohibition on discrimination and apartheid, that it should withdraw as rapidly as possible, including from Gaza, dismantle settlements, pay reparations and restitution As regards Gaza, Court makes clear that Gaza is occupied and thus the lack of clarity (or disagreement in the ICC OTP panel on status of Gaza for the purpose of arrest warrants is immaterial)
Jul 19 12 tweets 4 min read
What I will be looking for in the ICJ advisory opinion to be delivered today:

First: Gaza. In the Genocide case the ICJ focused on the "immediate context", but how will Gaza feature in this case? Recall that the UNGA referral to the Court (Dec 2022) mentioned Gaza 17 times, including the illegal siege and the repeated brutal military operations against the Strip.
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Jun 29 13 tweets 5 min read
Spain follows Colombia, Mexico, Palestine, and Libya in making an art. 63 intervention in the ICJ Genocide case of South Africa v. Israel to help the @CIJ_ICJ in interpreting the Genocide Convention and support South Africa's case. Highlights: icj-cij.org/sites/default/…
Image 1. Genocidal intent: it is "crucial to interpret.. with a balanced approach that recognizes the singular gravity of the crime of genocide, without rendering the threshold for inferring genocidal intent so difficult to meet so as to make findings of genocide near-impossible." Image
Jun 26 7 tweets 3 min read
The more time passes, the more information from Israeli soldiers on army's criminal and barbaric conduct in Gaza will be revealed. This Haaretz article interviews several soldiers

Here are five highlights: archive.ph/fFdxg
Image 1. Burning Palestinian homes without any genuine military logic. Image
Jun 15 20 tweets 6 min read
A thread on Israeli journalists and "direct & public incitement to commit genocide" against Palestinians in Gaza:

In January the @CIJ_ICJ ordered Israel to take all measures to prevent & punish incitement to commit genocide. The Court "reaffirmed" this in March and May.
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In South Africa's 29 May public dossier that was submitted to the UN Security Council, Annex III includes 7 pages on incitement to genocide by 5 prominent journalists and pundits.
Jun 9 24 tweets 10 min read
On 29 May South Africa invoked in the UNSC, art. 94 of UN Charter in light of Israel's defiance of @CIJ_ICJ. It distributed a public dossier to UNSC members demonstrating Israel's genocidal intent and incitement to genocide. I have now read the 120-page submission. A thread: Image The 120-page submission includes a covering note and 4 annexes. The comprehensive nature of this submission is unprecedented and illustrates the strength and urgency of the South African case against Israel. Image
May 27 6 tweets 2 min read
Intent and effect:

Those who followed the statements of Israel's senior figures and public opinion makers since October would not be surprised by the cruelty of Israel's attacks on displaced refugees. Here is a reminder of one example: On 10 October, former general and former minister Yossi Peled advocated cruelty ("this time there's nothing humanitarian") as an approach. He said, "We need to level Gaza" and rebuff International pressure: "I'm willing to do everything, including anything." Image
May 24 22 tweets 9 min read
Thoughts on ICJ 24 May Order on Provisional Measures, and the separate declarations by judges, in the @CIJ_ICJ case of South Africa v. Israel: Image Earlier in the month South Africa requested the following measures, including withdrawal from Rafah governorate, and a report by Israel within a week. Image