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Nimer Sultany Profile picture
Nimer Sultany
@NimerSultany
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
@maraf@ Profile picture Palestine Community Profile picture Jean-Marc /Othman Profile picture 4 subscribed
Jul 19 • 28 tweets • 8 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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Image 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
May 24 • 9 tweets • 3 min read
Ahead of today's ruling in @CIJ_ICJ: the indefatigable South African lawyers wrote 61 pages! in response to Judge Notle's question, in reply to 8 pages by Israel!

Heroic lawyering.
icj-cij.org/sites/default/… Israel's 8 pages are here: icj-cij.org/sites/default/…
May 22 • 18 tweets • 6 min read
Israel's reaction to the announcement by Norway, Spain, and Ireland, that they formally recognise the State of Palestine, shows again that Israel seeks annexation and permanent occupation over Palestine, as the lawyers for Palestine said in the ICJ on 19 February: The permanent character of the Israeli occupation and the denial of Palestinian right to self-determination, to be free from the yoke of Israeli colonialism, is evident in what Israel has said and did. Image
May 20 • 8 tweets • 2 min read
Initial comments on the ICC prosecutor request to issue arrest warrants:

1. It is surprising that the request names 2 Israelis but 3 Palestinians, and charges the Palestinians with 8 counts but the Israelis with 7 only. Although the Prosecutor says he "seeks to charge two of those most responsible", and the investigation is ongoing, no one can ignore the asymmetry in the infliction of violence, and the ferocity and length in which Israeli leaders committed their crimes.

#Bothsideism ?
May 18 • 20 tweets • 6 min read
Now that the minutes are available, it is worth having a closer look at South Africa's argument that the @CIJ_ICJ should order Israel to cease its military operations in Gaza, as argued brilliantly by the formidable Irish lawyer, Blinne Ní Ghrálaigh KC: Image Ní Ghrálaigh made several arguments supporting the request for issuing "specific" and "explicit" orders against Israel "including an express order for the immediate cessation of Israel’s military operations in Rafah and across the whole of the Gaza Strip." Image
May 17 • 9 tweets • 3 min read
What explains Israel's reduced legal representation ICJ? Israel is moving to the tactic of attacking the umpire? As typical of rogue states, is moving to discredit the process because the law is not on its side: In February, Ynet published an item on the appointment of Judge Salam as the president of the ICJ. The headline: "concerning development in the Hague: a Lebanese judge was appointed to the President of the ICJ". Image
May 16 • 25 tweets • 4 min read
A summary of the South African presentation before the ICJ today, in its request for additional provisional measures against Israel: a compelling presentation modifying the requested order by seeking a cessation of Israeli military activity and withdrawal from all of Gaza: S.A. is compelled to return to the Court considering the continuing annihilation of Palestinians in Gaza. Institutionalised impunity emboldened Israel to commit the genocide, which shocked of the conscience of the international community.
May 10 • 11 tweets • 2 min read
CNN finally sheds light on Israel's shocking and barbaric torture chambers: thousands of people, detained for months:

Strapped down, blindfolded, held in diapers: Israeli whistleblowers detail abuse of Palestinians in shadowy detention center
edition.cnn.com/2024/05/10/mid… "a facility where doctors sometimes amputated prisoners’ limbs due to injuries sustained from constant handcuffing; of medical procedures sometimes performed by underqualified medics... ; .. where the air is filled with the smell of neglected wounds left to rot."
May 9 • 10 tweets • 3 min read
In this new article for the @JournalGenocide I argue that Israel's onslaught on Gaza has crossed the threshold of the military logic of defeating the enemy to the genocidal logic of elimination: tandfonline.com/doi/full/10.10… Continued contestation notwithstanding, a consensus is emerging because the evidence is overwhelming. It's manifested in a convergence of the interpretations of Israel’s intent and pattern of conduct in Gaza as genocide. This consensus strengthens the legal case against Israel. Image
May 1 • 9 tweets • 4 min read
This a good example of the bias of some "human rights experts": 1. This is the UN expert on torture. Dr Alice commented on the terror attack in Moscow, sent a letter to the Chinese government regarding the trial of one individual, writes on refugees.

But 7 months later is yet to issue a detailed statement on Israel's detention practices.
Apr 26 • 17 tweets • 5 min read
Much ado about nothing? A thread on the ICJ president comments:

The amount of sophistry in defending Israel's crimes is just astounding.

But it's also a lesson in how the technical can obscure rather illuminate reality: let us start with the basics: it is called the "Convention on the Prevention and Punishment of the Crime of
Genocide."

The word prevention here is key.

What needs to be prevented? Here is art. III Image
Apr 21 • 6 tweets • 2 min read
Details of Israeli police treatment of Professor Nadera Shalhoub Kevorkian, according to her lawyers:

1. Police officers strip searched her in a humiliating way.

2. Officers refused to provide drinking water when she asked.

3. Officers hand- & leg-cuffed her for a long time. 4. The cuffs were very tight, preventing blood circulation and leaving marks on her body.

5. Police officers refused to allow her to take hypertension medication even though it was in her bag. This led to an increase in her blood pressure,
Apr 20 • 6 tweets • 3 min read
Is it true that, as Gantz asserts, Israel has an independent judicial system that can "evaluate" any misconduct?

Here is what a recent UN Commission Inquiry concluded in 2019 regarding the killing of protesters, including children, medics, and journalists in Gaza 2018: 1/6 The Commission showed that Israeli army soldiers killed and maimed thousands of protesters who did not pose any serious threat to the soldiers. 2/6
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Apr 19 • 15 tweets • 4 min read
A thread about the arrest of Prof. Nadera Shalhoub-Kevorkian: Ben-Gavir's police force is trying to intimidate, humiliate, and silence a leading Palestinian intellectual.

What will his thugs question Nadera about (what do you mean by "necropolitical capitalism"? "abolitionism and settler colonialism"? "unchilding"? "security theology"?)