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plthroughlegallense · 7 days

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[ISRAEL HAS NO JURISDICTION IN THE WEST BANK PART II]

Question : Is it logical to have a foreign law in your own soil?

Israel does not recognise Palestinians in the West Bank as sovereign, vehemently implanting their own laws on another nation.

In this post, we draw parallels between bordering countries where our stance is,

"Just because they are neighbouring countries, it doesn’t mean they are not sovereign and a foreign law can be in place."

(i) US-Mexico

(ii) China-Laos

(iii) Russia-Finland

It is entirely erroneous and void to impose a foreign law on a sovereign nation.

The use of Israeli law on Palestinian soil is against Israel’s own jurisdiction as the United Nations via a resolution in 1947 and 1967 has already stipulated the apartheid state’s territorial jurisdiction.

If Israel wants to implement laws, then those laws should be within Israel’s borders as set by the United Nations.

Therefore, all arrests and orders including home demolition and administrative detention in the West Bank are void and illegal from the start as Israel has no jurisdiction to do so.

In simple terms, the West Bank is not annexed as part of Israel. So, it is a different country altogether with their own set of laws.

Israel cannot impose their laws on the West Bank.

If Israel wants to continue promoting itself as a “law-compliant” nation, they may start by respecting the rule of law.

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plthroughlegallense · 7 days

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Nothing but a distortion, a poor attempt to shift the focus of Israel’s misuse of the law to facilitate oppression.

What we are highlighting is the laws in place by Israel when they clearly have no jurisdiction to do so.

Is it logical to have a foreign law in place just because countries are neighbouring each other?

We will continuously call out Israel’s blatant disrespect of rule of law, destroying the sanctity and virtues of law that is well respected by other nations with reasoning.

[ISRAEL HAS NO JURISDICTION IN THE WEST BANK]

How can a foreign country imposed their laws on another nation when they are not even citizens of that country?

Israel being a creation of the United Nations, are bound by the United Nations resolutions and borders which specifically creates which areas form part of “Israel”.

It’s no surprise that a country without a formal Constitution may easily get confused in understanding the real meaning of “sovereignty” and “respect for the rule of laws”.

The West Bank is not even part of Israel, the Palestinians are not even granted Israeli Citizenship. Why and on what basis is Israel detaining Palestinians in their own soil when Israeli law only applies within Israel.

Can you imagine if your neighbouring country imposes their laws on your soil when you are not even a citizen of that country?

We surely can’t but somehow the lawless apartheid regime finds no error in it.

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plthroughlegallense · 11 days

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[ISRAEL HAS NO JURISDICTION IN THE WEST BANK]

How can a foreign country imposed their laws on another nation when they are not even citizens of that country?

Israel being a creation of the United Nations, are bound by the United Nations resolutions and borders which specifically creates which areas form part of “Israel”.

It’s no surprise that a country without a formal Constitution may easily get confused in understanding the real meaning of “sovereignty” and “respect for the rule of laws”.

The West Bank is not even part of Israel, the Palestinians are not even granted Israeli Citizenship. Why and on what basis is Israel detaining Palestinians in their own soil when Israeli law only applies within Israel.

Can you imagine if your neighbouring country imposes their laws on your soil when you are not even a citizen of that country?

We surely can’t but somehow the lawless apartheid regime finds no error in it.

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plthroughlegallense · 27 days

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[DOUBTING A UN RESOLUTION IS DOUBTING THE EXISTENCE OF ISRAEL]

It’s no longer a surprise to us for a lawless nation to pick and choose whatever law they are pleased to follow. For this continuous practice of cherrypicking the law to ensue, Israel seems to have lost any direction over the applicability or bindingness of laws.

Being a creature of the United Nations resolution in 29th November 1947, Israel owes it’s existence to a United Nations resolution. For Israel to refuse following a United Nations resolution for a permanent ceasefire and release of all hostages, it shows that the resolutions adopted by the United Nations can be opted out.

We need not look any further to see the applicability of a United Nations resolution to Israel. Para 10 of Israel’s own Declaration of Establishment 1948 provides that since the United Nations has passed a resolution, steps must be taken to implement the resolution. This resolution is irrevocable.

For Israel to arbitrarily choose whatever resolution that can apply to them , does it mean that countries can pick and choose whatever resolution to follow?

Does this also mean Israel’s existence can be doubted, and moreover be revoked ultimately as it is created by a United Nation’s resolution?

If Israel’s defiance towards a resolution for a permanent ceasefire can be proceeded with, then what does that say about the resolution that created Israel?

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plthroughlegallense · 28 days

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[WHY UN RESOLUTIONS ARE BINDING BASED ON ISRAELI LAW]

Israel’s refusal and nonchalant nature of abiding international humanitarian law is glaringly apparent after refusing to abide by the recent UN resolution for a permanent ceasefire and return of all hostages.

It’s not surprising for a lawless nation to toy with the law, creating new grey lines ie “we don’t know if this resolution is binding”

Israel must be reminded that it is a creature of the United Nations, having it’s inception as a state via a UN General Resolution in 29th November 1947. If a UN resolution is not binding, that would mean it’s whole creation of a state is revocable.

In simpler terms, if a UN resolution is not binding (as Israel claims) then that would mean the creation of the state of Israel may also cease to exist as it is created via the same way - a UN resolution.

We would like to remind Israel of their own Declaration of Establishment 1948 signed by the 37 signatories of the Provisional Council of State in para 14 which clearly states that Israel will be faithful to the United Nations Charter.

If Israel is still doubting the bindingness of the resolution of a ceasefire, they should also doubt the bindingness of the resolution that created the state in the first place.

#palestine #legal #law #colonialism #democracy #israel #collective punishment #administrative detention #constitution #settler #shooting #israeli settlers #illegal settlements #settler colonialism #settler violence #united nations #resolution #ceasefire #existence

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plthroughlegallense · 1 month

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[ISRAEL ORGANISES TOURS ON OCCUPIED TERRITORIES IN 2023]

A month after the Israeli Genocide in Gaza commenced, Israel organised a political propaganda “tour” consisting of talks, visits and tours on ATVs on Occupied territories.

(1) We find this baffling as Israel who is pushing a narrative of being “under attack” or continuous self- victimising, actually could have organised a one week program in collaboration with Security Agencies and the IDF.

Attached is the link,

(2) We are much at loss seeing a place that was once a beautiful home razed into nothing but dust and emptiness being paraded as a tourist site as being done here.

(3) The itinerary even includes an opening launch at a hotel with a politician and a former officer holding authority at the IDF as a speaker.

(4) It even includes a topic “When a Burqa is your weapon of Choice” from the unit that is known to pose as Arabs to infiltrate the local Palestinian population.

It is mind boggling to see a nation weaponising a dressing that symbolises one’s faith towards religion and adherence to culture for the use of violence.

(5) This tour brings attendees to see the Apartheid Wall (Kalandia Checkpoint) in which Israel ratifies it as a Security Wall. This wall has illegally annexed territories and trespasses private property, dividing families and communities from each other.

We cannot understand the purpose of visiting a wall that limits a certain population’s entry and exit to their own homes, schools and workplace on a whim whilst another population is not imposed the same.

(6) What we could not comprehend further is the use of ATVs as if it is a tourist site on another nation's border and a casual visit at a settlement town on the Lebanese border where the original Lebanese population was displaced from the Zionist entity.

In which, Israel is happy to treat the area as another tourist spot,

(7) It is dire need for Israel to continuously push a positive narrative on themselves whilst conveniently refuse to address issues of :

using Military Courts on Civil Offences

Coerced Confessions

Poor treatment and torture of Palestinians in prisons

Administrative detention - no charge, trial, credible evidence, etc

use of a revoked law on a area without jurisdiction (West Bank)

imposing punishment on civil offenders

(8) When looking back at November 19, we could not find any news on that specific date save for what is available in November 18 (relating to evacuation of premature babies in Al Shifa Hospital and UN School bombing) and November 20 (the ‘hamas’ tunnel in al-Shifa failed video) where CNN journalists were brought to ‘see the tunnel’.

Surprisingly, we found an article from CNN where Israel announces ‘brief suspension of military activities in Rafah’ for ‘humanitarian purposes on that date - 19 November 2023 which coincides with this “visit”.

The Kibbutz in the itinerary, Kibbutz Alumim

(9) Ending a tour of occupied territories, areas that were destroyed from airstrikes, tanks after a deliberate act of starvation, cutting off telecommunication and electricity on a single population

We see it as a direct show of colonialism, where areas were treated as mere “tourist spots” without any regard of the pain, beauty or life of the population that was once in existence.

The deliberate erasure of the Palestinians’ existence is continuously paraded by such tours.

How could a stranger understand the value of one’s home, it is not his to own nor he who built it

“A piratis aut latronibus capti liberi permanent”,

Things do not change their ownership when captured by pirates and robbers.

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plthroughlegallense · 1 month

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We summarise our previous postings on Emergency (Defense) Regulations 1945.

1) This law is a British law enacted during the Mandatory Period 2) Two days before Israel declares a state, this law has been revoked 3) Instead of adopting a formal constitution, Israel reinstates this law 4) This law is used on Palestinians only 5) Israel states this law is applicable as Jordan has never gazetted the law 6) But the law itself says it doesn’t need to be gazetted 7) This law states that civil offences go to civil court, but Israel sends Palestinians to Military Courts

Why is Israel contradicting itself?

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plthroughlegallense · 1 month

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[EMERGENCY REGULATIONS: SELECTIVE APPLICATION]

Israelis are tried under the Israel Civil court whilst the Palestinians are tried under the Military Court. We found this contradicting to their own legislation, the Defense (Emergency) Regulations 1945 which states that,

Only military Court Offences can be tried at the Military Court

Slide 2 shows what exactly is a military offence. What we are seeing is the use of civil offences ie throwing stones, stabbing, etc allegedly charged on Palestinians in Military Courts.

The Emergency Regulations provides a distinction between a civil and military offence where if the military offence in slide 2 is not listed, then the offence is a civil offence.

In sum, a civil offence cannot be tried at the military court.

Observing the exact wordings in Regulation 68, the words used is the word ‘shall’ which in law, and common law especially (as this is a British based legislation), ‘shall’ carries the meaning of obligatory.

This means, Palestinians who is charged for civil offence must be tried at the Civil Courts.

If it is the word ‘may’, it would mean that it is optional to be tried at the military court. The Regulation clearly uses the word ‘shall’ which means, if it’s a civil offence, there is no other court but the Civil Court.

Based on the previous post, this law has been revoked but was reinstated by Israel. For the Palestinians in the West Bank especially, it is an area that does not form part of Israel and was put under Jordanian jurisdiction prior.

The revoked law was never reinstated by the Jordanian authorities thus this law should not be applicable on Palestinians. Israel’s argument that this law is applicable due to it not being gazetted has been debunked from the previous post.

Therefore, Israel has never any power or jurisdiction to raid, arrest, confiscate, trial at the Military Court or impose any punishment on Palestinians under this revoked Regulation.

It is an obvious act of selective prosecution aimed to oppress a single community, the Palestinians based on a non-existent law.

We reiterate, no one can be convicted under a law that is not existent.

#palestine #legal #law #democracy #collective punishment #administrative detention #constitution #colonialism #home demolition #nonexistent #israel #selective prosecution #selective punishment #selective

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plthroughlegallense · 1 month

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[SELECTIVE PROSECUTION. HOME DEMOLISHMENT PART IV : MILITARY COURT OFFENCE]

Israel being a lawless nation without a formal Constitution adopts an Emergency Regulation called Defense (Emergency) Regulations 1945 to continuously harass and oppress Palestinians/Arab population. Being a law that was revoked before the creation of Israel, it is much clear the intention of Israel is to oppress and pressure the Palestinians/Arab population as this law is only applicable to that specific community.

To simplify,

Regulation 119(1) : home demolition is imposed on a Military Court Offence.

Regulation 2(1): military court offence can only be tried by a Military Court

Regulation 57(2) Listed offences are :

Regulation 58(1) Unlawfully discharging firearms

Regulation 64 Damaging property/interference with and damage to communications

For Palestinians/Arab population home demolition will be speedily imposed even if the detainee is yet to be tried or even found guilty by the court.

This is a different story for settlers despite openly shooting Palestinians/Arab population, no such punishment was ever imposed.

If the aim is to deter violence, then why is it not imposed on settlers that intimidates not only the Palestinians/Arab population but also refuses to comply with authorities.

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plthroughlegallense · 1 month

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[EMERGENCY REGULATIONS: A TOOL FOR OPPRESSION]

Despite being a law that has been revoked and rendered null and void, Israel pushes forward to reactivate this law upon declaring the establishment of their State.

Israel justifies that this law is still applicable as it was not gazetted. However, the provisions of this law : Defense (Emergency) Regulations 1945 explicitly states that it does not need to be gazetted.

Section 4(1) : This regulation is a emergency document

Section 4 (2) : No need to publish emergency document in the Gazette

This is sufficient proof that the regulation is invalid as well as all arrests, orders, convictions and sentences were rendered void and illegal ab initio. We urge for the release of all Palestinians held in Israeli prison on grounds of illegality.

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plthroughlegallense · 1 month

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[Defense (Emergency) Regulations 1945]

This piece of legislation was applied to all demographic population during the Mandatory period before Israel was created.

This law which was eventually revoked, was then adopted by Israel. This law has been exploitatively applied on Palestinians/Arab population.

Detention, arrests, home demolitions are few examples of the oppressive acts that Israel imposed on Palestinians/Arab population.

#palestine #colonialism #law #legal #israel #home demolition #administrative detention #illegal occupation #israeli occupation #military #justice #emergency #british law

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plthroughlegallense · 1 month

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[EMERGENCY REGULATIONS REVOKED BEFORE THE CREATION OF ISRAEL]

Israel continues to adopt the Emergency Regulations which has been the piece of legislation that Israel uses as an excuse among others, to detain Palestinians in administrative detention and demolish their houses without being found guilty by Israel’s own courts.

Two days prior to the Declaration of Independence, the British government which governs Palestine at that time has revoked the Emergency Regulations on 12th May 1948. This legislation was created by the Order in Council (1937).

Section 2(2) of the Palestine (Revocations) Order in Council 1948 explicitly states that the Orders in Council 1937 has been revoked, thus the Emergency Regulations created are no longer in effect.

“Ultra posse non est esse, et vice versa.”

- What is beyond possibility cannot exist, and the reverse, what cannot exist is not possible.

In law, there is a maxim where a person cannot be convicted of a law that does not exist. Since this law has been revoked, this law is considered not to exist. Hence, Israel does not have the power to detain or impose punishment based on the military court system as this law no longer exists.

#palestine #law #legal #collective punishment #home demolition #british law #mandatory #mandate #detention #administrative detention #israel #settler colonialism #settler #illegal occupation #illegal #revoked

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plthroughlegallense · 2 months

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[RIGHT TO PROPERTY : MILITARY COMMANDER PROHIBITS FARMERS TO ENTER THEIR OWN LAND]

Military Commanders or authorities should not obstruct Palestinians from assessing their own private lands such as farms. This includes assisting the settler colonialism project whereby settlers trespasses the property of Palestinians without any legal repercussions.

In the case of “Rashed Morarv IDF Commander of Judea and Samaria” HCJ 9593/04, former President of the Israeli Supreme Court, Justice Dorit Beinisch rules that Palestinians, even under occupation has a right to move and access their property. Her Ladyship states,

“ Therefore, the residents in the territories held under belligerent occupation have a protected right to their property. In our case, there is no dispute that we are speaking of agricultural land and agricultural produce in which the petitioners have property rights. Therefore, when the petitioners are denied access to land that is their property and they are denied the possibility of cultivating the agricultural produce that belongs to them, their property rights and their ability to enjoy them are thereby seriously violated.

We urge the Israeli government to impose legal repercussions on settlers that trespasses Palestinian Territories . In any nation with just legal system, an action can be taken against them in the court of law and be sued for trespass and damages.

In addition, those in the militia should not obstruct civilians from accessing their own land as it does not concern any public property, and it is their personal land and fettered right to enjoy the land. The militia should not assist nor abstain from taking action when settlers are trespassing Palestinian land.

#palestine #legal #law #colonialism #trespasses #damages #israel

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plthroughlegallense · 2 months

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[SELECTIVE PROSECUTION. HOME DEMOLISHMENT. PART III : PROCEDURAL LEGALITY]

We attach the legislation that allows the practise of home demolishment to continue.

Regulation 119(1) of the Defence Emergency Regulations (enacted during British Mandate) provides few elements to affect validity.

The first is that there must be an emergency proclaimed by a person authorised to do so. In Israel, there are certain areas that have been proclaimed as an emergency, only in these areas can the Emergency Regulation be applied.

Next, the house intended to be demolished is to be forfeited to the local government, the Palestinian government. The third last line uses the word ‘and’ shows that this is an additional element to be complied with, being the house must be forfeited to the local government first.

The second line onwards lists out the type of offences that are may impose the house demolishment punishment which is mainly on firearms and explosives other than offences against the Emergency Regulations involving violence or intimidation or any Military Court Offences. Only on these listed offences that the house demolishing order may be imposed.

There is a number of legal grey areas and it is doubtful whether the Military Commander has complied with the elements and procedures vetted out by the Emergency Regulation as :

The area must be declared an emergency

The house must be forfeited to the local government

Only listed offences

We demand that this abusive legislation be put to an end. If the purpose is to deter violence, why has it not been imposed equally on settlers?

#palestine #legal #law #collective punishment #selective punishment #selective #israel #home demolition

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plthroughlegallense · 2 months

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[SELECTIVE PROSECUTION : HOME DEMOLISHMENT. PART II (IMPOSED ON THE DEAD)

The nature of criminal liability is that a punishment must be inflicted based on the individual’s wrongdoing and when the individual can be accountable for a crime. For this reason, criminal punishment is inflicted on living individuals.

Nonetheless, Israel imposes home demolishment orders even when the alleged perpetrator has passed.

We cannot comprehend the idea of demolishing a person’s house when he has yet to be found guilty. Even more when the person has passed.

These leaves nothing but injustice to the family members, persons residing in the building or even the landlords who has nothing to do with the alleged offence.

This practice of home demolishment should be put to an end once and for all. Being a piece of legislation from the British Mandatory Period, Israel must repeal this abusive law.

Source : Expert Opinion. The Lawfulness of Israel’s House Demolition Policy under International Law and Israeli Law. Opinion Provided in Lieu of Testimony before the Court, signed opinion to be construed an oath sworn in Court. HaMoked: Center for the Defence of the Individual et al. v IDF Commander in the West Bank. p.24. November 2014.

#palestine #legal #law #israel #home demolition

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plthroughlegallense · 2 months

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[HOME DEMOLISHMENT AS COLLECTIVE PUNISHMENT PART 2]

The late Justice Dr Mishael Cheshin was the Deputy President of the Supreme Court of Israel. In this post, we reiterate His Lordship’s view on house demolishment in another case. In which His Lordship states,

“ The army commander does not have the authority to inflict collective punishment .. Where someone is suspected of an act as a result of which a destruction order is made with regard to his home, I did not agree then, nor do I agree now, that someone else’s home may be destroyed merely because he lives next to that person.”

It is confounding to a reasonable man that his house would be destroyed just because his neighbour has allegedly committed crime, moreover the Court has yet to find his neighbour guilty when his house is ordered to be demolished.

The principle of individual responsibility in criminal matters is arbitrarily imposed on Palestinians where they, still in administrative detention, without any pronouncement of guilt from Israeli Courts has their houses demolished, which affects the inhabitants of the house or housing units.

In multi storey buildings especially, such as apartments, other inhabitants ie the neighbours are also affected. Even landlords who rent out their units are not spared from this punishment even when they have no knowledge or direct link to an alleged crime that their tenants or relative of the said tenants had allegedly committed.

This selective act of imposing house demolishment on Palestinian detainees amounts to collective punishment as stated by the United Nations and the ICRC. Until today, no Israeli settler has been imposed a house demolishment order.

We urge Israel to repeal the law for Home Demolishment and instil the principle of individual responsibility in criminal matters.

#palestine #colonialism #legal #law #israel #united nations #icrc #collective punishment #landlord #tenant

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plthroughlegallense · 2 months

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[SELECTIVE PROSECUTION - ADMINISTRATIVE DETENTION : GUILTY UNTIL PROVEN INNOCENT]

‘Innocent until proven guilty’

That is the universal presumption of innocence that is accepted globally as those who are suspected with an offence must be investigated, in which if found guilty may be imposed punishment as the court seems fit.

The situation is reversed to Palestinians where detainees through administrative detention are punished without even being found guilty.

We find this act similar to the Japanese military police, ‘Kempeitai’ who imposes the reversed doctrine, ‘guilty until proven innocent’ by capturing and torturing civilians without even being charged, tried or found guilty of an offence.

In sum, Palestinians

are not informed of the reason of detention - habeas corpus

are not even aware of the details of the alleged offence committed ie time, place, witness, etc

are not even allowed info on the alleged evidence or witness that leads to their detention

are held in detention centres/prison before trial or even sentenced to an offence

We find this law similar to other occupying powers that has exercised a degree of detention, cruelty and punishment to civilians that are yet to be found guilty such as the Rowlatt Act imposed by the British in India and the Kempeitai Japanese police imposed on occupied territories ie Singapore, Manchuria.

If Israel wishes to continue parading itself as a nation that is in compliance with laws and international humanitarian laws in general, it must rid itself of this horrendous legislation. This practice is not only imposing injustice towards Palestinians, but it also deprives them the rights to be heard and defended at a competent court of law on strong evidence.

#israel #legal #palestine #law #colonialism #gaza

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