State of Palestine ‘Escalation in the Gaza
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The-Legal-Status-Of-East-Jerusalem.Pdf
December 2013 Written by: Adv. Yotam Ben-Hillel Cover photo: Bab al-Asbat (The Lion’s Gate) and the Old City of Jerusalem. (Photo by: JC Tordai, 2010) This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position or the official opinion of the European Union. The Norwegian Refugee Council (NRC) is an independent, international humanitarian non- governmental organisation that provides assistance, protection and durable solutions to refugees and internally displaced persons worldwide. The author wishes to thank Adv. Emily Schaeffer for her insightful comments during the preparation of this study. 2 Table of Contents Table of Contents .......................................................................................................................... 3 1. Introduction ........................................................................................................................... 5 2. Background ............................................................................................................................ 6 3. Israeli Legislation Following the 1967 Occupation ............................................................ 8 3.1 Applying the Israeli law, jurisdiction and administration to East Jerusalem .................... 8 3.2 The Basic Law: Jerusalem, Capital of Israel ................................................................... 10 4. The Status -
Case #2 United States of America (Respondent)
Model International Court of Justice (MICJ) Case #2 United States of America (Respondent) Relocation of the United States Embassy to Jerusalem (Palestine v. United States of America) Arkansas Model United Nations (AMUN) November 20-21, 2020 Teeter 1 Historical Context For years, there has been a consistent struggle between the State of Israel and the State of Palestine led by the Palestine Liberation Organization (PLO). In 2018, United States Secretary of State Mike Pompeo announced that the U.S. embassy located in Tel Aviv would be moving to the city of Jerusalem.1 Palestine, angered by the embassy moving, filed a case with the International Court of Justice (ICJ) in 2018.2 The history of this case, U.S. relations with Israel and Palestine, current events, and why the ICJ should side with the United States will be covered in this research paper. Israel and Palestine have an interesting relationship between war and competition. In 1948, Israel captured the west side of Jerusalem, and the Palestinians captured the east side during the Arab-Israeli War. Israel declared its independence on May 14, 1948. In 1949, the Lausanne Conference took place, and the UN came to the decision for “corpus separatum” which split Jerusalem into a Jewish zone and an Arab zone.3 At this time, the State of Israel decided that Jerusalem was its “eternal capital.”4 “Corpus separatum,” is a Latin term meaning “a city or region which is given a special legal and political status different from its environment, but which falls short of being sovereign, or an independent city-state.”5 1 Office of the President, 82 Recognizing Jerusalem as the Capital of the State of Israel and Relocating the United States Embassy to Israel to Jerusalem § (2017). -
On Membership of the United Nations and the State of Palestine: a Critical Account
Leiden Journal of International Law (2021), pp. 1–24 doi:10.1017/S0922156521000418 ORIGINAL ARTICLE INTERNATIONAL LEGAL THEORY On membership of the United Nations and the State of Palestine: A critical account Ardi Imseis* Faculty of Law, Queen’s University, Kingston, Ontario, Canada, K7L 3N6 Email: [email protected] Abstract Against the context of pending judicial proceedings between the State of Palestine and the United States of America (US) at the International Court of Justice (ICJ), this article critically examines the United Nations (UN) commitment to the international rule of law through an examination of its consideration of Palestine’s 2011 application for membership in the organization. The universality of membership of the UN is a foundation upon which the organization rests. The international law governing UN admission has accordingly been marked by a liberal, flexible and permissive interpretation of the test for membership contained in the UN Charter. In contrast, an assessment of the UN’s consideration of Palestine’s applica- tion for membership demonstrates that it was subjected to an unduly narrow, strict and resultantly flawed application of the membership criteria. An examination of the contemporaneous debates of the Council demonstrates that the main driver of this was the US, which used its legal authority as a permanent member of the Council to block Palestine’s membership. The principle argument used against membership was the US’s view that Palestine does not qualify as a state under international law. Notwithstanding, the State of Palestine has been recognized by 139 member states of the UN and has acceded to a number of treaties that furnish it with access to the ICJ. -
West Bank and Gaza 2020 Human Rights Report
WEST BANK AND GAZA 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The Palestinian Authority basic law provides for an elected president and legislative council. There have been no national elections in the West Bank and Gaza since 2006. President Mahmoud Abbas has remained in office despite the expiration of his four-year term in 2009. The Palestinian Legislative Council has not functioned since 2007, and in 2018 the Palestinian Authority dissolved the Constitutional Court. In September 2019 and again in September, President Abbas called for the Palestinian Authority to organize elections for the Palestinian Legislative Council within six months, but elections had not taken place as of the end of the year. The Palestinian Authority head of government is Prime Minister Mohammad Shtayyeh. President Abbas is also chairman of the Palestine Liberation Organization and general commander of the Fatah movement. Six Palestinian Authority security forces agencies operate in parts of the West Bank. Several are under Palestinian Authority Ministry of Interior operational control and follow the prime minister’s guidance. The Palestinian Civil Police have primary responsibility for civil and community policing. The National Security Force conducts gendarmerie-style security operations in circumstances that exceed the capabilities of the civil police. The Military Intelligence Agency handles intelligence and criminal matters involving Palestinian Authority security forces personnel, including accusations of abuse and corruption. The General Intelligence Service is responsible for external intelligence gathering and operations. The Preventive Security Organization is responsible for internal intelligence gathering and investigations related to internal security cases, including political dissent. The Presidential Guard protects facilities and provides dignitary protection. -
Israeli Settlements in the Old City of Hebron
Islamic Heritage Architecture and Art II 199 ISRAELI SETTLEMENTS IN THE OLD CITY OF HEBRON WAEL SHAHEEN Department of Civil and Architectural Engineering, Palestine Polytechnic University, Palestine ABSTRACT Since the occupation of the city of Hebron in 1967, the Israeli authorities started a series of closure in the Old City both in public and private properties in order to impose the reality of the occupation on the city and its citizens and push them into abandoning it and to obliterate its features. Ever since that date, the occupation authorities have begun implementing a settlement project that aimed to surround the city with settlements. They established a set of settlement outposts in the neighborhoods that contain historical buildings, provided full protection to settlers, and took all measurements in placing pressure on the Palestinians in order to push them to leave by issued military orders that prevent the restoration and habitation of many buildings. They also completely closed all streets, neighborhoods and buildings of the Old City, forced curfews for long periods of time, and turned the Old City into a military barrack by establishing many barriers, monitoring and inspection points, which resulted the deportation of dozens of families, in addition to eliminating the economic recovery after shutting down many shops. Several parts of the Old City became completely deserted because of the economic consequences of land confiscation policy and many other policies like the multiple shutdowns and restrictions placed on movement. The Old City of Hebron still remains in 2017 similar to a ghost town, most of its streets are deserted and most of its shops are closed by welding iron, unlike the energetic and crowded streets on the other side of the checkpoint in area HI, where the Palestinian commercial activity moved to. -
The Origins of Hamas: Militant Legacy Or Israeli Tool?
THE ORIGINS OF HAMAS: MILITANT LEGACY OR ISRAELI TOOL? JEAN-PIERRE FILIU Since its creation in 1987, Hamas has been at the forefront of armed resistance in the occupied Palestinian territories. While the move- ment itself claims an unbroken militancy in Palestine dating back to 1935, others credit post-1967 maneuvers of Israeli Intelligence for its establishment. This article, in assessing these opposing nar- ratives and offering its own interpretation, delves into the historical foundations of Hamas starting with the establishment in 1946 of the Gaza branch of the Muslim Brotherhood (the mother organization) and ending with its emergence as a distinct entity at the outbreak of the !rst intifada. Particular emphasis is given to the Brotherhood’s pre-1987 record of militancy in the Strip, and on the complicated and intertwining relationship between the Brotherhood and Fatah. HAMAS,1 FOUNDED IN the Gaza Strip in December 1987, has been the sub- ject of numerous studies, articles, and analyses,2 particularly since its victory in the Palestinian legislative elections of January 2006 and its takeover of Gaza in June 2007. Yet despite this, little academic atten- tion has been paid to the historical foundations of the movement, which grew out of the Muslim Brotherhood’s Gaza branch established in 1946. Meanwhile, two contradictory interpretations of the movement’s origins are in wide circulation. The !rst portrays Hamas as heir to a militant lineage, rigorously inde- pendent of all Arab regimes, including Egypt, and harking back to ‘Izz al-Din al-Qassam,3 a Syrian cleric killed in 1935 while !ghting the British in Palestine. -
The Palestinian Economy in East Jerusalem, Some Pertinent Aspects of Social Conditions Are Reviewed Below
UNITED N A TIONS CONFERENC E ON T RADE A ND D EVELOPMENT Enduring annexation, isolation and disintegration UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT Enduring annexation, isolation and disintegration New York and Geneva, 2013 Notes The designations employed and the presentation of the material do not imply the expression of any opinion on the part of the United Nations concerning the legal status of any country, territory, city or area, or of authorities or concerning the delimitation of its frontiers or boundaries. ______________________________________________________________________________ Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. ______________________________________________________________________________ Material in this publication may be freely quoted or reprinted, but acknowledgement is requested, together with a copy of the publication containing the quotation or reprint to be sent to the UNCTAD secretariat: Palais des Nations, CH-1211 Geneva 10, Switzerland. ______________________________________________________________________________ The preparation of this report by the UNCTAD secretariat was led by Mr. Raja Khalidi (Division on Globalization and Development Strategies), with research contributions by the Assistance to the Palestinian People Unit and consultant Mr. Ibrahim Shikaki (Al-Quds University, Jerusalem), and statistical advice by Mr. Mustafa Khawaja (Palestinian Central Bureau of Statistics, Ramallah). ______________________________________________________________________________ Cover photo: Copyright 2007, Gugganij. Creative Commons, http://commons.wikimedia.org (accessed 11 March 2013). (Photo taken from the roof terrace of the Austrian Hospice of the Holy Family on Al-Wad Street in the Old City of Jerusalem, looking towards the south. In the foreground is the silver dome of the Armenian Catholic church “Our Lady of the Spasm”. -
An Examination of Israeli Municipal Policy in East Jerusalem Ardi Imseis
American University International Law Review Volume 15 | Issue 5 Article 2 2000 Facts on the Ground: An Examination of Israeli Municipal Policy in East Jerusalem Ardi Imseis Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Imseis, Ardi. "Facts on the Ground: An Examination of Israeli Municipal Policy in East Jerusalem." American University International Law Review 15, no. 5 (2000): 1039-1069. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. FACTS ON THE GROUND: AN EXAMINATION OF ISRAELI MUNICIPAL POLICY IN EAST JERUSALEM ARDI IMSEIS* INTRODUCTION ............................................. 1040 I. BACKGROUND ........................................... 1043 A. ISRAELI LAW, INTERNATIONAL LAW AND EAST JERUSALEM SINCE 1967 ................................. 1043 B. ISRAELI MUNICIPAL POLICY IN EAST JERUSALEM ......... 1047 II. FACTS ON THE GROUND: ISRAELI MUNICIPAL ACTIVITY IN EAST JERUSALEM ........................ 1049 A. EXPROPRIATION OF PALESTINIAN LAND .................. 1050 B. THE IMPOSITION OF JEWISH SETTLEMENTS ............... 1052 C. ZONING PALESTINIAN LANDS AS "GREEN AREAS"..... -
Palestinian Territories MIDDLE EAST UNITARY COUNTRY and WEST ASIA
Palestinian territories MIDDLE EAST UNITARY COUNTRY AND WEST ASIA Basic socio-economic indicators Income group - LOWER MIDDLE INCOME Local currency - Israeli new shekel (ILS) Population and geography Economic data AREA: 6 020 km2 GDP: 19.4 billion (current PPP international dollars) i.e. 4 509 dollars per inhabitant (2014) POPULATION: million inhabitants (2014), an increase 4.295 REAL GDP GROWTH: -1.5% (2014 vs 2013) of 3% per year (2010-2014) UNEMPLOYMENT RATE: 26.9% (2014) 2 DENSITY: 713 inhabitants/km FOREIGN DIRECT INVESTMENT, NET INFLOWS (FDI): 127 (BoP, current USD millions, 2014) URBAN POPULATION: 75.3% of national population GROSS FIXED CAPITAL FORMATION (GFCF): 18.6% of GDP (2014) CAPITAL CITY: Ramallah (2% of national population) HUMAN DEVELOPMENT INDEX: 0.677 (medium), rank 113 Sources: World Bank; UNDP-HDR, ILO Territorial organisation and subnational government RESPONSIBILITIES MUNICIPAL LEVEL INTERMEDIATE LEVEL REGIONAL OR STATE LEVEL TOTAL NUMBER OF SNGs 483 - - 483 Local governments - Municipalities (baladiyeh) Average municipal size: 8 892 inhabitantS Main features of territorial organisation. The Palestinian Authority was born from the Oslo Agreements. Palestine is divided into two main geographical units: the West Bank and the Gaza Strip. It is still an ongoing State construction. The official government of Cisjordania is governed by a President, while the Gaza area is governed by the Hamas. Up to now, most governmental functions are ensured by the State of Israel. In 1994, and upon the establishment of the Palestinian Ministry of Local Government (MoLG), 483 local government units were created, encompassing 103 municipalities and village councils and small clusters. Besides, 16 governorates are also established as deconcentrated level of government. -
Nablus City Profile
Nablus City Profile Prepared by The Applied Research Institute – Jerusalem Funded by Spanish Cooperation 4102 Palestinian Localities Study Nablus Governorate Acknowledgments ARIJ hereby expresses its deep gratitude to the Spanish Agency for International Cooperation for Development (AECID) for their funding of this project. ARIJ is grateful to the Palestinian officials in the ministries, municipalities, joint services councils, village committees and councils, and the Palestinian Central Bureau of Statistics (PCBS) for their assistance and cooperation with the project team members during the data collection process. ARIJ also thanks all the staff who worked throughout the past couple of years towards the accomplishment of this work. 1 Palestinian Localities Study Nablus Governorate Background This report is part of a series of booklets which contain compiled information about each city, town, and village in the Nablus Governorate. These booklets came as a result of a comprehensive study of all localities in the Nablus Governorate, and aim to depict the overall living conditions in the governorate and presenting developmental plans to assist in improving the livelihood of the population in the area. It was accomplished through the "Village Profiles and Needs Assessment" project funded by the Spanish Agency for International Cooperation for Development (AECID). The "Village Profiles and Needs Assessment" was designed to study, investigate, analyze and document the socio-economic conditions and the programs and activities needed to mitigate the impact of the current insecure political, economic and social conditions in the Nablus Governorate. The project's objectives are to survey, analyze and document the available natural, human, socioeconomic and environmental resources, and the existing limitations and needs assessment for the development of the rural and marginalized areas in the Nablus Governorate. -
Palestine)0F
J OURNAL OF MUSLIM PHILANTHROPY & CIVIL SOCIETY 28 DISCONNECTED ACCOUNTABILITIES: INSTITUTIONALIZING ISLAMIC GIVING IN NABLUS (PALESTINE)0F Emanuel Schaeublin Swiss Federal Institute of Technology (ETH Zurich) Zakat, the obligation to look after people in need by giving them a share of the wealth flowing through society, is recognized in the Islamic tradition as both a personal pious action and an institutional practice formalized by legal regimes. This dual character provides zakat with considerable malleability. Focusing on the trajectory of the “zakat committee” of Nablus since the 1970s, this article analyzes the different social and legal mechanisms that hold zakat committees in Palestine accountable. First, zakat committee members are under the constant observation of the local community and exposed to their ethical judgement. The local reputation of the zakat committee in Nablus depends on their integrity in running the committee and on their display of Muslim virtues in social interactions with others. Secondly, regional governments oversee zakat committees and hold them accountable. Finally, committee members have come under the increasing scrutiny of security surveillance and global policies of “combatting the financing of terrorism,” leading to forced closures in 2007. Due to the contested nature of political power in Nablus (the city has been under military occupation since 1967), these different mechanisms of accountability are sometimes remarkably disconnected. Notwithstanding, the malleability of zakat as a Copyright © 2020 Emanuel Schaeublin http://scholarworks.iu.edu/iupjournals/index.php/jmp DOI: 10.2979/muslphilcivisoc.4.2.02 Volume IV • Number II • 2020 J OURNAL OF MUSLIM PHILANTHROPY & CIVIL SOCIETY 29 Muslim practice adapting to changing circumstances provides this form of care for people in need with tenacity. -
The Absentee Property Law and Its Implementation in East Jerusalem a Legal Guide and Analysis
NORWEGIAN REFUGEE COUNCIL The Absentee Property Law and its Implementation in East Jerusalem A Legal Guide and Analysis May 2013 May 2013 Written by: Adv. Yotam Ben-Hillel Consulting legal advisor: Adv. Sami Ershied Language editor: Risa Zoll Hebrew-English translations: Al-Kilani Legal Translation, Training & Management Co. Cover photo: The Cliff Hotel, which was declared “absentee property”, and its owner Ali Ayad. (Photo by: Mohammad Haddad, 2013). This publication has been produced with the financial assistance of the Norwegian Ministry of Foreign Affairs. The contents of this publication are the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position or the official opinion of the Norwegian Ministry of Foreign Affairs. The Norwegian Refugee Council (NRC) is an independent, international humanitarian non-governmental organisation that provides assistance, protection and durable solutions to refugees and internally displaced persons worldwide. The author wishes to thank Adv. Talia Sasson, Adv. Daniel Seidmann and Adv. Raphael Shilhav for their insightful comments during the preparation of this study. 3 Table of Contents 1. Introduction ...................................................................................................... 8 2. Background on the Absentee Property Law .................................................. 9 3. Provisions of the Absentee Property Law .................................................... 14 3.1 Definitions ....................................................................................................................