15/10/2023
This weekly report reviews the legal dynamics of the Palestine question, and everything related to international law and Palestine. The report includes an account of the most important publications, activities, and conferences related to Palestine at the local, regional, and international levels. It further covers decisions, decrees, and judicial orders affecting the Palestinian cause, whether made at the official, academic or public levels. The report aims to be a reference for monitoring, documenting, and archiving the latest human rights developments related to Palestine, and to present them all in one accessible place to individuals, researchers, study centers, and official, academic and legal institutions concerned.
Palestine’s United Nations Permanent Observer stated: “You cannot say ‘nothing justifies killing Israelis’ and then provide justifications for killing Palestinians. We are not sub-humans. We will never accept rhetoric that denigrates our humanity and reneges our rights; A rhetoric that ignores the occupation of our land and oppression of our people.” (October 8, 2023).
The Palestinian Ministry of Foreign Affairs (MOFAE) has issued a statement strongly condemning the killing of civilians under the cover of international approval, classifying it as a war crime. The Ministry emphasized that the international community’s approval of the Israeli Prime Minister’s authority to conduct actions, labeled as self-defense, implicates the international community in these acts. It also stressed the necessity of closely monitoring the collective punitive measures imposed by the occupying state on the Palestinian people. (October 8, 2023).
The President of Palestine, Mahmoud Abbas, has called on the United Nations to immediately intervene to stop the ongoing Israeli aggression against the Palestinian people, particularly in the Gaza Strip. He also reiterated that the only solution to all the escalation taking place in the region is the political solution of ending the Israeli occupation of the State of Palestine. (October 9, 2023).
The Palestinian Minister of Health has issued a statement appealing to the international community to take urgent action to halt the Israeli aggression against healthcare facilities, ambulances, and medical teams in the Gaza Strip. (October 9, 2023).
The Palestinian MOFAE has condemned Israel’s decision to cut off essential supplies to Palestinian citizens in Gaza and prevent their access to basic necessities, including water, electricity, food, medical supplies, and fuel. It also denounced the organized and armed attacks by settler militias against Palestinian civilians in the occupied West Bank.(October 10, 2023)
The Palestinian Prime Minister stressed the crucial need to halt the aggression in Gaza, cautioning about the potential disastrous effects of any Israeli ground invasion. He called on the United Nations and the Red Cross to intervene urgently in restoring electricity and water services, averting a humanitarian crisis. Furthermore, he reaffirmed the commitment to continue collaborating with Egypt and the international community to put an end to the atrocities against Palestinians. (October 12, 2023).
Judicial decrees, decisions, positions, and orders issued by Israeli official bodies
Israeli Minister of Defense Yoav Gallant announced: “I have ordered a complete siege on the Gaza Strip. There will be no electricity, no food, no fuel, everything is closed. We are fighting human animals, and we will act accordingly.” (October 9, 2023).
The Israeli ambassador to the European Union and NATO, Haim Regev, claimed that, “Israel is ‘not violating humanitarian law’ in the war on Hamas” in the Gaza Strip. He added that Israel’s goal is to eliminate Hamas while avoiding harming innocent people. (October 11, 2023).
Rear Admiral Daniel Hagari, a spokesman for the Israeli military, said that, regarding the Israeli attack on Gaza “the emphasis is on damage and not on accuracy,”. (October 11, 2023).
Israeli Defense Forces (IDF) call for the evacuation of all Palestinian civilians of Gaza City from their homes to the Southern region, specifically Wadi Gaza, for their own safety and protection. The IDF said that they will be able to return to Gaza City only when another announcement permitting it is made. (October 13, 2023). For further details, click here
Judicial decrees, decisions, positions, and orders issued by Arab, European, and international bodies:
The Arab League’s General Secretariat has called for Israel, its military, and settlers to be added to the list of parties violating children’s rights in armed conflicts, in line with United Nations Security Council Resolution 1612. (October 8, 2023). For further details, click here
The U.S. Secretary of State Antony Blinken, strongly condemned the recent attacks in Israel and reaffirmed the country’s full support for Israel in dealing with this assault. He also said that they are actively trying to verify reports that several Americans may be among the hostages and nail that down. (October 8, 2023).
The European Union has stated that it will reevaluate its financial aid to the Palestinians to ensure no ‘indirect’ support to terrorism, given its renewed strong support for Israel’s right to self-defense. The EU reverses earlier announcement that it was suspending development aid to Palestinians.
Brazil, Finland, EU, Canada, and Japan have all condemned the recent “terrorist attacks” by Hamas and other Palestinian groups against Israel.
Egypt, Kuwait, and Algeria have expressed their condemnation of the attacks and provocative actions targeting the Palestinian people, as well as the forced displacement. The Jordanian Ministry of Foreign Affairs has additionally issued a warning regarding the escalating situation, emphasizing the potential for further deterioration, particularly in light of the Israeli attacks and violations observed in cities and towns in the West Bank against the Palestinian people.
The President of the United States Joe Biden condemns ‘evil’ and ‘abhorrent’ attack on Israel. He said that “we will make sure Israel has what it needs to take care of its citizens, defend itself, and respond to this attack.” (October 9, 2023).
Norbert Lammert, a member of the German parliament and the president of the Konrad Adenauer Foundation, has said that “[a]ll German development aid to the Palestinians must be scrutinized to ensure that it does not benefit terrorist organizations, even indirectly”. He stressed the importance of firmly addressing hostility towards Jews by some individuals in Germany and the need to enforce German law in such cases. (October 9, 2023).
The Secretary-General of the United Nations, Antonio Guterres, expressed condemnation of the abhorrent attacks by Hamas and others against Israeli towns and villages. Guterres also emphasized the importance of both sides respecting international humanitarian law, protecting civilians, and providing urgent humanitarian assistance. He called for an end to the cycle of violence and a pursuit of a two-state solution. (October 9, 2023).
King Abdullah reiterated Jordan’s unwavering stance on the Palestinian cause, and called for restraint, the protection of civilians, and adherence to international humanitarian law. He warned that the situation will continue to deteriorate in the absence of a just solution to the Palestinian-Israeli conflict, noting the dangerous repercussions of escalation on regional security. (October 9, 2023).
The Polish Senate condemns the attack launched by Hamas against Israel and its civilian population and reaffirms its standing with and support for the state of Israel. (October 9, 2023).
Members of the United Nations Security Council have condemned Hamas for its attack on Israel. However, Russia and China declined to issue a standalone condemnation, emphasizing the need to consider the broader context. China expressed its support for a joint statement condemning “all attacks against civilians”. (October 9, 2023).
High-level Egyptian sources warned against directing Palestinians toward the Egyptian borders and endorsing mass displacement. Egypt has urged the international community to intervene and prevent further escalation, with the aim of preserving the lives of Palestinian civilians and preventing Gaza from becoming depopulated, which would end the Palestinian cause. Egypt has placed responsibility on Israeli authorities to establish humanitarian access routes and has stressed the immediate cessation of military operations. (October 9, 2023).
S Senate Majority Leader Schumer pans China for not backing Israel and said he was “very disappointed” in the lack of sympathy or support after the Hamas attack. (October 9, 2023). For further, click here
The Russian Foreign Minister announced Russia’s cooperation with the Arab League to “stop the bloodshed” in Israel and Gaza. He added that Moscow and the Arab League will work “with those countries that are interested in establishing lasting peace in the Middle East.” (October 9, 2023).
The United Nations Relief and Works Agency (UNRWA) reported that a building housing the UNRWA headquarters in Gaza City sustained significant damage as a result of Israeli airstrikes nearby. It was reported that two UNRWA employees and five UNRWA school students had been killed since October 7th. It was also stressed that United Nations buildings and facilities need to be protected at all times. (October 10, 2023).
Representatives Rashida Tlaib and Cori Bush, two members of the US Congress, have been criticized for describing Israel as an apartheid state and calling for an end to US funding of the Israeli state. Tlaib called for the dismantling of the apartheid regime and the lifting of the siege on the Gaza Strip. Bush condemned the targeting of civilians and called for the end of US support for the occupying Israeli army and the apartheid system. (October 10, 2023).
The Venezuelan President said that Israel is committing genocide against the Palestinian people in the Gaza Strip. He stressed that the Palestinians are subjected to an “apartheid” system. He added: “We demand an immediate ceasefire, respect for UN resolutions, respect for the rights of peoples, and the commencement of peace negotiations to allow the Palestinian people to regain their legitimate rights to independence, land and peace.” (October 10, 2023).
The Humanitarian Coordinator in the occupied Palestinian territory (OCHA), Lynn Hastings, called on Israel and Palestinian armed groups in the Gaza Strip to comply with their obligations under international humanitarian law in light of the continued escalation of the security and humanitarian situation, including the principles of distinction, proportionality and precaution during military operations. Hastings also called for the protection of civilians, especially children, medical facilities, health and humanitarian workers, and journalists. (October 10, 2023).
The Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator at the United Nations stressed that human rights and the laws of war must be respected. He also condemned violence and hostage-taking, calling for the humane treatment of those held captive, to comply with the laws of war as well as not prevent humanitarian aid and vital services from reaching Gaza. (October 10, 2023).
The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel announced that it began collecting evidence of war crimes committed by all sides in Israel and the occupied Palestinian territories since October 7, 2023. (October 10, 2023).
The UN Secretary-General stressed that the United Nations must be allowed access to deliver urgent humanitarian assistance to helpless Palestinian civilians trapped in the Gaza Strip. He appealed to the international community to mobilize immediate humanitarian support for this effort. (October 10, 2023).
After an informal meeting of European Union foreign ministers, Josep Borrell, High Representative of the European Union for Foreign Affairs, said that support for cooperation with the Palestinian Authority and the necessity of continuing humanitarian aid were emphasized, stressing the importance of respecting international humanitarian law in dealing with the current events between Israel and the Palestinians. In addition, he stated Israel has the right to defend itself, but some of its actions since Hamas attack counter international humanitarian law. (October 10, 2023).
