International

Israel’s presence in occupied Palestinian territories illegal – UN court

Published

2 months ago

July 20, 2024

Magistrates are seen at the International Court of Justice (ICJ) as part of South Africa's request on a Gaza ceasefire in The Hague, on May 24, 2024. (AFP)

Israel’s presence in occupied Palestinian territories illegal – UN court

THE HAGUE, Netherlands: The top UN court said Friday that Israel’s presence in the occupied Palestinian territories is “unlawful” and called on it to end and for settlement construction to stop immediately, issuing an unprecedented, sweeping condemnation of Israel’s rule over the lands it captured 57 years ago.

Israeli Prime Minister Benjamin Netanyahu quickly denounced the nonbinding opinion issued by the 15-judge panel of the International Court of Justice, saying the territories are part of the Jewish people’s historic “homeland.” But the resounding breadth of the decision could impact international opinion and fuel moves for unilateral recognition of a Palestinian state.

The judges pointed to a wide list of policies, including the building and expansion of Israeli settlements in the West Bank and east Jerusalem, use of the area’s natural resources, the annexation and imposition of permanent control over lands and discriminatory policies against Palestinians, all of which it said violated international law.

The court said Israel had no right to sovereignty in the territories, was violating international laws against acquiring territory by force and was impeding Palestinians’ right to self-determination. It said other nations were obliged not to “render aid or assistance in maintaining” Israel’s presence in the territories. It said Israel must end settlement construction immediately and that existing settlements must be removed, according to a summary of the more than 80-page opinion read out by court President Nawaf Salam.

Israel’s “abuse of its status as the occupying power” renders its “presence in the occupied Palestinian territory unlawful,” the court said, saying its presence must be ended as “rapidly as possible.”

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The court’s opinion, sought by the UN General Assembly after a Palestinian request, came against the backdrop of Israel’s devastating military assault on Gaza, which was triggered by the Hamas-led attacks in southern Israel on Oct. 7. In a separate case, the International Court of Justice is considering a South African claim that Israel’s campaign in Gaza amounts to genocide, a claim that Israel vehemently denies.

The court said the General Assembly and Security Council — where staunch Israeli ally the United States holds a veto — should consider “the precise modalities” to end Israel’s presence in the territories.

Israel, which normally considers the United Nations and international tribunals as unfair and biased, didn’t send a legal team to the hearings. Instead, it submitted written comments, saying that the questions put to the court are prejudiced and fail to address Israeli security concerns. Israeli officials have said the court’s intervention could undermine the peace process, which has been stagnant for more than a decade.

“The Jewish people are not conquerors in their own land — not in our eternal capital Jerusalem and not in the land of our ancestors in Judea and Samaria,” Netanyahu said in a statement issued by his office, using the biblical terms for the West Bank. “No false decision in The Hague will distort this historical truth and likewise the legality of Israeli settlement in all the territories of our homeland cannot be contested.”

Speaking outside the court, Riad Malki, an adviser to Palestinian President Mahmoud Abbas, called the opinion “a watershed moment for Palestine, for justice and for international law.”

He said other nations must now “uphold the clear obligations” outlined by the court. “No actions of any kind … to support Israel’s illegal occupation.”

Hamas welcomed the court’s decision and said in a statement that “serious steps on the ground” need to be taken in response.

Israel captured the West Bank, east Jerusalem and Gaza Strip in the 1967 Mideast war. The Palestinians seek all three areas for an independent state.

Israel considers the West Bank to be disputed territory, whose future should be decided in negotiations, while it has moved populations there in settlements to solidify its hold. It has annexed east Jerusalem in a move that isn’t internationally recognized, while it withdrew from Gaza in 2005 but maintained a blockade of the territory after Hamas took power in 2007. The international community generally considers all three areas to be occupied territory.

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The court’s decision strikes at the heart of the ambiguity of Israel’s administration of the territories. Israel hasn’t annexed the West Bank — though settler groups have pressed it to do so — but it calls it part of its homeland and has effectively treated it as an extension of the nation. Along with the settlements, it has appropriated large swaths of the territory as “state lands.” At the same time, Netanyahu’s government has repeatedly rejected the creation of any Palestinian state. Abbas’ Palestinian Authority has been restricted to control over divided enclaves scattered around the West Bank.

The Palestinians presented arguments at hearings in February, along with 49 other nations and three international organizations. In the hearings, Malki accused Israel of apartheid and urged the United Nations’ top court to declare that Israel’s occupation of lands sought by the Palestinians is illegal and must end immediately and unconditionally for any hope for a two-state future to survive.

Erwin van Veen, a senior research fellow at the Clingendael think tank in The Hague, said before the decision that a ruling that Israel’s policies breach international law would “isolate Israel further internationally, at least from a legal point of view.”

He said such a ruling would remove “any kind of legal, political, philosophical underpinning of the Israeli expansion project.” It could also increase the number of countries that recognize a Palestinian state, in particular in the Western world, following the recent example of Spain and Norway and Ireland, he said.

It’s not the first time the ICJ has been asked to give its legal opinion on Israeli policies. Two decades ago, the court ruled that Israel’s West Bank separation barrier was “contrary to international law.” Israel boycotted those proceedings, saying they were politically motivated.

Israel says the barrier is a security measure. Palestinians say the structure amounts to a massive land grab, because it frequently dips into the West Bank.

The court said that Israel’s construction of settlements in the West Bank violated international laws prohibiting countries from moving their population into territories they occupy.

Israel has built well over 100 settlements, according to the anti-settlement monitoring group Peace Now. The West Bank settler population has grown by more than 15 percent in the past five years to more than 500,000 Israelis, according to a pro-settler group. Their residents are Israeli citizens governed by domestic law and served by government ministries, services, banks and other businesses — effectively integrating them into Israel.

Israel also has annexed east Jerusalem and considers the entire city to be its capital. An additional 200,000 Israelis live in settlements built in east Jerusalem that Israel considers to be neighborhoods of its capital. Palestinian residents of the city face systematic discrimination, making it difficult for them to build new homes or expand existing ones.

The international community considers all settlements to be illegal or obstacles to peace since they are built on lands sought by the Palestinians for their state.

Netanyahu’s hard-line government is dominated by settlers and their political supporters. Netanyahu has given his finance minister, Bezalel Smotrich, a former settler leader, unprecedented authority over settlement policy. Smotrich has used this position to cement Israel’s control over the West Bank by pushing forward plans to build more settlement homes and to legalize outposts.

Israel’s presence in occupied Palestinian territories illegal – UN court

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International

UN investigator accuses Israel of starvation campaign in Gaza

Published

9 hours ago

September 7, 2024

Trends Admin

Displaced Palestinian children gather to receive food at a government school in Rafah in the southern Gaza Strip on February 19, 2024, amid the ongoing battles between Israel and the militant group Hamas. (AFP)

UN investigator accuses Israel of starvation campaign in Gaza

UNITED NATIONS: The UN independent investigator on the right to food accused Israel of carrying out a “starvation campaign” against Palestinians during the war in Gaza, an allegation that Israel vehemently denies.

In a report this week, investigator Michael Fakhri claimed it began two days after Hamas’ surprise attack in southern Israel that killed some 1,200 people, when Israel’s military offensive in response blocked all food, water, fuel and other supplies into Gaza.

Israeli Prime Minister Benjamin Netanyahu said accusations of Israel limiting humanitarian aid were “outrageously false.”

“A deliberate starvation policy? You can say anything — it doesn’t make it true,” he said in a press conference Wednesday.

Following intense international pressure — especially from close ally the United States — Netanyahu’s government gradually has opened several border crossings for tightly controlled deliveries. Fakhri said limited aid initially went mostly to southern and central Gaza, not to the north where Israel had ordered Palestinians to go.

A professor at the University of Oregon School of Law, Fakhri was appointed by the Geneva-based UN Human Rights Council as the investigator, or special rapporteur, on the right to food and assumed the role in 2020.

“By December, Palestinians in Gaza made up 80 percent of the people in the world experiencing famine or catastrophic hunger,” Fakhri said. “Never in post-war history had a population been made to go hungry so quickly and so completely as was the case for the 2.3 million Palestinians living in Gaza.”

Fakhri, who teaches law courses on human rights, food law and development, made the allegations in a report to the UN General Assembly circulated Thursday.

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He claims it goes back 76 years to Israeli’s independence and its continuous dislocation of Palestinians. Since then, he accused Israel of deploying “the full range of techniques of hunger and starvation against the Palestinians, perfecting the degree of control, suffering and death that it can cause through food systems.”

Since the war in Gaza began, Fakhri said he has received direct reports of the destruction of the territory’s food system, including farmland and fishing, which also has been documented and recognized by the UN Food and Agriculture Organization and others.

“Israel then used humanitarian aid as a political and military weapon to harm and kill the Palestinian people in Gaza,” he claimed.

Israel insists it no longer places restrictions on the number of aid trucks entering Gaza, including food.

At Wednesday’s press conference, Netanyahu cited figures from COGAT, Israel’s military body overseeing aid entry into Gaza, that 700,000 tons of food items had been allowed into Gaza since the war began 11 months ago.

Nearly half of that food aid in recent months has been brought in by the private sector for sale in Gaza’s markets, according to COGAT figures. However, many Palestinians in Gaza say they struggle to afford enough food for their families.

Israel allows trucks of aid through two small crossings in the north and one main crossing in the south, Kerem Shalom. However, since Israel’s invasion of the southern city of Rafah in May, the UN and other aid agencies say they struggle to reach the Gaza side of Kerem Shalom to retrieve the aid for free distribution because Israel’s military operations make it too dangerous.

UN spokesman Stephane Dujarric called the humanitarian situation in Gaza “beyond catastrophic,” with more than 1 million Palestinians not receiving any food rations in August and a 35 percent drop in people getting daily cooked meals.

The UN humanitarian office attributed the sharp reduction in cooked meals partly to multiple evacuation orders from Israeli security forces that forced at least 70 of 130 kitchens to either suspend or relocate their operations, he said Thursday. The UN’s humanitarian partners also lacked sufficient food supplies to meet requirements for the second straight month in central and southern Gaza, Dujarric added.

He said critical shortages of supplies in Gaza are stem from hostilities, insecurity, damaged roads, and Israeli obstacles and access limitations.

UN investigator accuses Israel of starvation campaign in Gaza

ARAB NEWS

International

Protesters rally in France against new PM appointment

Published

9 hours ago

September 7, 2024

Trends Admin

Protesters rally in France against new PM appointment

Protests are taking place across France over the nomination of right-wing Michel Barnier as the new prime minister, after an inconclusive election in which the left won the largest number of seats.

More than 100 protests are expected to take place on Saturday, with people already on the streets in cities including Bordeaux, Nice and Le Mans.

The demonstrations were called by trade unions and left-wing political parties, whose own candidate for prime minister was rejected by President Emmanuel Macron.

Mr Barnier, the EU’s former Brexit negotiator, said he is open to forming a government with politicians across the political spectrum, including the left.

Jean-Luc Mélenchon, a veteran firebrand from the radical France Unbowed party, called for the “most powerful mobilisation possible” in national marches.

Around 130 protests are being held, with the biggest setting out from central Paris this afternoon. Other cities staging protests include Marseille and Lyon.

The demonstrators are using slogans such as “denial of democracy” and “stolen election”.

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Parties on the left are angry that their own candidate for prime minister, Lucie Castets, was rejected by Mr Macron, who said she had no chance of surviving a vote of confidence in the National Assembly.

Mr Barnier may be able to survive a confidence vote because the far right, which also won a large number of seats, has said it won’t automatically vote against him.

However, that has led to criticism that his government will be dependent on the far right.

Ms Castets said she – like millions of French voters – felt betrayed and that the president had in effect ended up governing with the far right.

“We have a prime minister completely dependent on National Rally,” she added.

Meanwhile, against the backdrop of the protests, Mr Barnier is focussed on forming a new government.

After talks with the leaders of the right-wing Republicans and the president’s centrist Ensemble group, he said discussions were going very well and were “full of energy”.

Some on the left have blamed themselves for ending up with Mr Barnier as prime minister.

Socialist Paris Mayor Anne Hidalgo pointed out that the president had considered former Socialist prime minister, Bernard Cazeneuve, for the job but that he had been turned down by his own party.

Another Socialist Mayor, Karim Bouamrane, blamed intransigence from other parts of the left alliance: “The path they chose was 100% or nothing – and here we are with nothing.”

Protesters rally in France against new PM appointment

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International

Man who attacked judge in court pleads ‘guilty but mentally ill’

Published

15 hours ago

September 7, 2024

Trends Admin

Deobra Redden

Man who attacked judge in court pleads ‘guilty but mentally ill’

Deobra Redden, the man caught on video attacking a judge during an attempted battery conviction, has pled guilty with a significant caveat—he has been declared “guilty but mentally ill.”

In a statement released on Friday, September 6, by Redden’s lawyers at CEGA Law Group, they emphasized that their client acknowledges the severity of his actions and is seeking mental health treatment as part of his sentencing. The legal team is pushing for mental health reform and hopes Redden’s case will help spotlight the need for improvements in the system.

The attorneys expressed sympathy for Judge Mary Kay Holthus, the judge who was attacked, and thanked the Clark County District Attorney’s Office for working towards a resolution.

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The shocking courtroom incident, which was caught on video, shows Redden leaping over the judge’s bench as Judge Holthus was delivering his sentence for an earlier conviction. Holthus had made a comment about Redden “getting a taste of something else” before he ran towards her. Despite the chaos, the judge only sustained minor injuries after hitting her head.

Redden was quickly restrained and appeared in court days later, wearing a facemask and hand covers, where he was sentenced to 19-48 months behind bars for the attempted battery conviction.

Redden’s sentencing for the judge attack is set for November 7. His legal team is advocating for mental health treatment to be central to his punishment.