UN’s resolution this week dramatically changed legal context of Israel’s occupation of Palestinian territory

UN-Photograph-Justin-Lane-EPA

Important Takeaways:

  • The United Nations general assembly’s resolution on Wednesday advanced a dramatic legal shift, begun by the international court of justice (ICJ) in July, in how we understand Israel’s occupation of Palestinian territory.
  • The ICJ had found Israel’s prolonged occupation to be unlawful and ordered it to end “as rapidly as possible”.
  • The headline on the general assembly resolution was that it ordered Israel to withdraw from occupied Palestinian territory within one year. But that is only the beginning.
  • International humanitarian law, which governs warfare, is neutral about the fact of occupation but imposes duties on the occupier for how it must treat the occupied population.
  • But the ICJ, and now the general assembly, also looked to a separate body of law which regards prolonged occupation as the illegal forcible acquisition of territory.
  • Israel is violating both sets of laws.
  • The general assembly and ICJ actions also have implications for the international criminal court (ICC), which is currently considering the prosecutor’s request for arrest warrants for Netanyahu and the Israeli defense minister, Yoav Gallant, as well as three senior Hamas officials.
  • The Israeli government will undoubtedly resist, but everyone else has a duty to press it to comply – and to avoid any contribution, military or commercial, to Israeli defiance.

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Israel and Hamas to observe Gaza truce from 2 a.m. on Friday

By Nidal al-Mughrabi and Dan Williams

GAZA/JERUSALEM (Reuters) -Israel and Hamas will cease fire across the Gaza Strip border as of 2 a.m. on Friday (2300 GMT Thursday), a Hamas official and Israeli media said, bringing a potentially tenuous halt to the fiercest fighting in decades.

The reports came a day after U.S. President Joe Biden urged Israeli Prime Minister Benjamin Netanyahu to seek de-escalation, and amid mediation bids by Egypt, Qatar and the United Nations.

A Hamas official told Reuters the ceasefire would be “mutual and simultaneous.”

Israeli media reported that Prime Minister Benjamin Netanyahu’s security cabinet approved the truce on the basis of what one official reportedly called “quiet in exchange for quiet.” Israeli cabinet spokesmen had no immediate comment.

Rocket attacks by Hamas and allied Islamic Jihad had resumed after an eight-hour pause on Thursday, as Israel continued shelling that it said aimed to destroy the factions’ military capabilities and deter them from future confrontation after the current conflict.

Since the fighting began on May 10, health officials in Gaza say 232 Palestinians, including 65 children and 39 women, have been killed and more than 1,900 wounded in aerial bombardments. Israel says it has killed at least 160 combatants in Gaza.

Authorities put the death toll in Israel at 12, with hundreds of people treated for injuries in rocket attacks that have caused panic and sent people rushing into shelters.

On Thursday, Biden discussed Gaza with Egyptian President Abdel Fattah al-Sisi and the White House said reports of moves toward a ceasefire were “encouraging.”

U.N. spokesman Stephane Dujarric confirmed that U.N. Middle East Envoy Tor Wennesland is in Qatar, adding: “We are actively engaged with all the relevant parties for an immediate ceasefire.”

(Reporting by Nidal al-Mughrabi in Gaza, Rami Ayyub in Tel Aviv and Andrea Shalal aboard Air Force One; Additional reporting by Jeffrey Heller and Ari Rabinovitch in Jerusalem and Aidan Lewis in Cairo; Editing by Angus MacSwan, Philippa Fletcher, Giles Elgood and Andrew Heavens)

Gaza gravediggers and medics stretched as COVID spikes during Ramadan

By Rami Ayyub and Mohammed Salem

GAZA/JERUSALEM (Reuters) – The sick and dying are rapidly pushing Gaza’s hospitals close to capacity amid a surge in COVID-19 cases in the impoverished Palestinian territory, health officials said.

Palestinians fear a combination of poverty, medical shortages, vaccine skepticism, poor COVID-19 data and mass gatherings during Ramadan could accelerate the increase, which began before the start of the Muslim holy month on April 13.

Gaza health officials said around 70% of intensive care unit beds were occupied, up from 37% at the end of March. There were 86 deaths over the past six days, an increase of 43% over the week before.

“The hospitals are almost at full capacity. They’re not quite there yet, but severe and critical cases have increased significantly in the last three weeks, which is a concern,” said Dr Ayadil Saparbekov, head of the World Health Organization’s Health Emergencies Team in the Palestinian Territories.

Gaza’s daily positivity rate reached as high as 43% this week, although Saparbekov said that number could be inflated because a shortage of tests meant they were mostly given to people already showing symptoms.

Saparbekov also said Gaza does not have the capacity to identify highly infectious COVID-19 variants when testing, meaning there is little data on them.

‘NO TRUCE’

Graveyards are also feeling the strain. In Gaza City, gravedigger Mohammad al-Haresh told Reuters he had been burying up to 10 COVID-19 victims per day, up from one or two a month ago.

“Wartime was difficult, but the coronavirus has been much harder for us,” said Haresh, who dug graves throughout the 2014 Israel-Gaza war.

“In war, we would dig graves or bury the dead during a truce or ceasefire. With the coronavirus, there is no truce.”

Densely populated and home to 2 million Palestinians, Gaza has for years had limited access to the outside world because of a blockade led by Israel and supported by Egypt.

Both countries cite security concerns over Hamas, the Islamist militant group that controls the Gaza Strip, saying they want to stop money and weapons entering.

Palestinians say the blockade amounts to collective punishment and that it has crippled Gaza’s economy and medical infrastructure, with shortages of critical supplies and equipment hampering their ability to tackle the pandemic.

The situation in Gaza is a stark contrast to Israel, where a world-beating vaccination rollout has led to more than 53% of Israelis being fully vaccinated.

RAMADAN LOCKDOWN

Amid growing concern, Hamas will on Thursday begin a week of nightly curfews, shutting down mosques that host hundreds of worshippers for Ramadan evening prayers.

But with around 49% of Gazans unemployed and parliamentary elections slated for May 22, Hamas has held back from more drastic measures that could further damage the economy.

“We may impose additional measures, but we do not expect at this phase to go into a full lockdown,” Hamas spokesman Eyad Al-Bozom said.

Health officials say the factors that led to the current spike include the flouting of guidelines for mask-wearing and social distancing and the opening in February of Gaza’s border with Egypt, which may have allowed in new variants.

Suspicion of vaccines also runs deep. A majority of Gazans – 54.2% – said they would not take the vaccine, against 30.5% who said they would and 15.3% who were undecided, according to an April 21 survey by the Jerusalem Media and Communications Center.

Just 34,287 people have been vaccinated, even though the enclave has received 109,600 doses since February donated by Russia, the United Arab Emirates and the global COVAX program.

“(The) reluctance of many, including medical staff, to be vaccinated remains a key concern,” the United Nations Office for the Coordination of Humanitarian Affairs said in an April 12 report.

One Palestinian eligible for Gaza’s initial round of vaccines, Qasem Abdul Ghafoor, said he decided to get the jab to protect himself and his family.

“The situation here is horrific. We took it lightly before, but I assure you, it should not be taken lightly,” he said.

(Additional reporting by Ali Sawafta in Ramallah and Nidal al-Mughrabi in Gaza; Editing by Stephen Farrell and Mike Collett-White)

Anger as Palestinian Authority cuts Gaza salaries and pays late

Public servants of the Palestinian Authority queue to receive their salaries outside a bank in Gaza City May 3, 2018. REUTERS/Mohammed Salem

By Nidal al-Mughrabi

GAZA (Reuters) – The Palestinian Authority cut salaries for its staff in Gaza by 20 percent on Thursday and failed to make up for skipping the previous month’s pay, leaving civil servants in the impoverished territory fuming they were pawns in a factional power struggle.

Some 38,000 civil servants in the Gaza Strip learned of the new disruptions to their incomes upon arriving at their banks on payday, intent on withdrawing cash ahead of the Muslim holy month of Ramadan, which begins on May 16.

Last month, they were not paid at all. Many were hoping for two months pay this month, but instead received a reduced rate of a single month’s pay, with no explanation.

PA salaries in the other Palestinian territory, the Israeli-occupied West Bank, were paid in full.

Islamist group Hamas seized control of Gaza from Palestinian President Mahmoud Abbas in 2007, prompting Israel and Egypt to clamp down on the territory, where 2 million people live under a de facto blockade with the world’s highest unemployment rate.

In an Egyptian-mediated bid to end the rift and reunite the two Palestinian territories, Hamas said last year it would cede the territory’s control to Abbas’s authority. But many Gazans still feel like they are being used as pawns in a power-struggle between the two groups.

“If they’ve failed to resolve this issue through dialogue, it can’t be resolved by (using) the poor employee,” said Eyad Kalloub, a 40-year-old civil servant, as he queued at his bank.

The Gaza wage cuts were the second round in as many years imposed by the Palestinian Authority, which still administers the payroll for civil servants in the territory run by Hamas.

In April 2017, Abbas slashed Gaza salaries by 30 percent. He has also slashed PA staff numbers in Gaza from 60,000 last year, by ordering early retirement for nearly a third of employees.

Palestinian Authority officials said at time that those moves were meant to pressure Hamas to relinquish Gaza control. However, last month they blamed the latest hold-up in wages on technical problems.

Economists said the PA cuts would shrink the tax revenue collected in Gaza by Hamas – which it uses to pay 40,000 employees it has hired in the enclave since 2007.

That exacerbates Hamas budgetary shortfalls caused by Egypt’s closure of smuggling tunnels from its Sinai peninsula to Gaza. The Islamist faction had collected tax on goods brought in through the tunnels.

More than half of Gazans depend on international aid, and 43.6 percent of workers are unemployed, the highest rate in the world. Basic utilities such as water purification and power have deteriorated.

Israel, which has fought three wars in Gaza in the decade since Hamas took over, bars a range of goods that it says could have military uses from entering the territory, making reconstruction difficult and costly.

Jamal Abu Gholy, 38, a civil servant, came to his Gaza bank hoping to draw on his April salary, only to learn that it had not been deposited. Instead, he owed the bank for an overdraft.

“What shall I do about Ramadan?” he asked, thinking of the festive meals which Muslims break their daily fasting over the course of the month. “I can’t just put out cheese and jam. We tell President Abbas: please show mercy towards us.”

(Editing by Peter Graff)