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Former UN Special Rapporteur for Palestine: ‘International law is not an a la carte menu’  

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Boğaziçi University’s Faculty of Law hosted its first International Law Conference (BILC) and brought together a large number of academics and experts including Michael Lynk, the United Nation’s former Special Rapporteur for Palestine from around the world to critically examine the current international legal order, particularly in the aftermath of Israel’s invasion of Gaza and the massacre of dozens of thousand of civilians.

During the conference, Michael Lynk gave a presentation onIsraeli Settlements under the Rome Statute of the ICC” in the session titled “Occupation, Racism and Resistance” moderated by Hilal Elver, University of California. Professor, Former UN Special Rapporteur on the Right to Food along with the speakers Muthucumaraswamy Sornarajah who is the Emeritus Professor at National University of Singapore and Mohsen al-Attar, the Associate Dean and Professor at Xi’an Jiaotong-Liverpool University. Lnyk, saying that he believes in justice points out that those of us who care for Palestine can become cynical with respect to the aspirations of international law.

Linyk, hoping the absolute permissibility of any and all of us to be skeptical about international law’s pretensions underlined that it’s absolutely wrong to be cynical about international law’s possibilities and completed his presentation with a quotation from Christoph Heusgen, the former German Ambassador to the UN which is “international law is not an a la carte menu” meaning it must apply to all.

We bring the notes from the former UN Special Rapporteur for Palestine…

There is still life for international law to shape the politics

“We must not be starry-eyed about, in any country, in any system, with respect to what law can wind up achieving. I think only error is achieved through hard work, through lobbying of legislatures, through social movements, through the fervent intellectual ideas coming up and challenging what is the dominant area of thought. And that in any domestic system, and particularly including in the international system, it always is an area of great tension between law in the service of power and law in the service of justice.”

“And those of us who believe in justice, who believe in international humanitarian and human rights and criminal law, will know it always will be a struggle to widen that space, to be able to allow justice with as much oxygen as it can get, to be able to breathe and push back against the forces of power. And this has actually been a good couple of weeks, particularly with the release of the International Court of Justice’s advisory opinion two weeks ago, and obviously as we look back during the past seven months, with the release of the provisional decision by the International Court of Justice back in January, its provisional measures in March and May, and of course the announcement by the International Criminal Court’s prosecutor with respect to the application for arrest warrants as well. This ought to give us hope that there is life for international law to be able to shape the future politics.

The entire Israeli occupation is now determined by the International Court of Justice

“International law by itself would not bring the liberation of Palestine. But international law combined with a separate international resolve is what we wind up needing. And people respond, and this is, I think, what’s got to be optimistic, a brief warning when I wake up, particularly during the years that I serve as Special Rapporteur for Human Rights in the Occupied Palestinian Territory, is that international law has that possibility of being able to be pushed forward, that people respond to a framing that something is unjust, and respond even more fervently to a framing that something is illegal, as the entire Israeli occupation has now been determined by the International Court of Justice.”

The Israeli settlements tool for demographic growth in East Jerusalem and the West Bank

“I’m going to be looking this at one aspect of that, which is the Israeli settlements, and how international law has interplayed with this over the last 50 years, and what indeed can be done. So obviously, as we know, the Israeli settlements, which were begun in the first weeks after the June War in 1967, usually disguised as an initiative of military army bases, is the primary Israeli tool for demographic growth, territorial control, and a claim for sovereignty in East Jerusalem and the West Bank. It is, as many scholars have said over the years, to be the single most important and visible feature of Israeli apartheid, and that’s been confirmed with, I think, a close reading of the decision by the International Court of Justice two weeks ago.”

“There are now over 300 Jewish-only settlements in the West Bank and East Jerusalem. The 2023 population, I want you to compare it to the figures I have from 2000.”

“In 2023, in the West Bank alone, there are 517,000 Israeli settlers, and you can see the growth from under 200,000 in the year 2020. In East Jerusalem, where Israel had focused its settlement activities for the first 15 to 20 years of its occupation, today there are 235,000 Israeli settlers, and there were 172,000 in the year 2000. And you look at the Golan Heights, this is the population that almost doubled, from 16,000 in the year 2000 to 29,000 today.”

“And one of the startling figures, what we call the majority decision of the International Criminal Court, was that between November 2022 and October 2023, there were 24,000 settlements, 2,000 units that are currently in various stages of the planning system within Israel. And one of the big accomplishments by the current Minister of Finance, Bezalel Smotrich, who is also Minister of Settlements within the Defense Ministry, is to eliminate three of four stages of planning and approval, such that there will be only one level of approval in order for an application for settlement units to be able to be approved. 24,000 settlement units, the policy would yield at least 200,000 new settlers.”

“If you read through the International Court of Justice decision, you will see how heavily, in fact almost exclusively, the court has relied on documentation provided by the United Nations Independent Commission on Inquiry, on the Non-Legitimacy Clause 9, or on the regular reports given. And much of this regional slide given above is from reports coming from the International Court of Justice, certainly from the High Commission on Human Rights. But if you look through the decision I produced two and a half weeks ago, you’ll see the heavy reliance that the United Nations has relied upon with respect to human documentation, talking about a number of issues, heavily influenced, including not only on the settlements, but eventually on the issue of racial discrimination and segregation and apartheid.”

“For example, it talked about the transfer of civilian population, and it noted that there was a status of Israel’s policy of providing incentives for the relocation of Israeli individuals and businesses into the West Bank, as well as looking at the industrial and agricultural development of settlers. With respect to confiscation and repossession of land, it is pointed out the extraordinary, I suspect, experience of more and more confiscation of land in the highlands of the West Bank, and more recently in Jordan Valley. And in fact, there is a very recent report that came out in the last month from Peace Now, which offers some of the most qualitative and reliable sources of information and statistics.”

Illegal settlements exploit natural resources, including water and minerals

“Going on, some of the other elements have to do with the exploitation of natural resources, including water, including minerals, and as we know, which is embedded in international law with respect to the control over one’s resources and the ability of the countries, as part of the right of self-determination, to be able to exploit our natural resources, that all of this is done on the wayside, with respect to control of Israel’s development, that Israel’s water carrier is, selling West Bank water that it has taken from a northern mountain aquifers and selling it back in fleeting prices, going back to the fact of the Palestinians, and that this was one of the important points that was relied upon by the court to be able to show the essence of racial segregation and apartheid, that there are, two different systems of laws operating issues on the West Bank. One, fulsome democratic, liberal for Israeli settlers, and the other, restrictive, minimal, violating international law, based on military law, three-plus percent of Palestinians living there.”

“At the other point, one of the reasons it comes to this issue has to do with the rising violence against Palestinians over the same period of time in the occupied West Bank. The killing of Palestinians saw by far most of it coming from the Israeli defense forces. It’s now only around 550 deaths over the last 10 months. And this is the highest number of deaths of Palestinians in the West Bank and the East Jerusalem since the 7,000 individuals over 25 years ago. So all of this, when the International Court concluded that the settlement policy is illegal.”

Transfer of population to occupied areas is war crime

“We know from the 1949 Convention, this was asserted. The occupying power in the court transferred parts of almost a million occupations in the territory of the Netherlands. This was put in there because of the incentive that arose during wars prior to the end of the Second World War to allow countries to be able to expand their territories and its territorial belonging which was amassed by other countries and then populated under civilian occupation in order to make the return of land possible.”

“And there is a rationale by Jean Pictet, in 1968, that union conventions were designed to prevent a crisis of international and systematical war by certain powers, which transferred portions of their own population to occupied territories for political and racial reasons or, in other words, they came and colonized these territories. Such transfers worsened the economic situation of the native population and endangered their separate existence as a race.”

“It’s a violation, a plagued violation. I’ll say that even in the international border crisis decisions a few weeks ago was the question of the war crimes.”

“The last time that the Security Council passed a resolution critical to the general on any matter was in December of 2016, in the last three weeks of the Obama administration, when they passed a resolution 2334, and it became the form of action that the Israeli government’s attempt to reflect their violation of international law. It reiterates the demand in over 40 years that Israel de-engage with its own settlement activity.”

“It calls upon all states, as it did in 1980, to distinguish the relevant means in between territories of the state of Israel and their particular block types. Just let me give you a couple of statistics with respect to this. When the UN Resolution 465 was passed in March of 1980, and I’m using only West Bank settlement figures, they’re easier to view than any of that.”

The number of Israeli settlers jumped from 12,500 in 1980 to 370,000 in 2023 

“Does anybody know, as a rough guess, how many settlers were in the West Bank in 1980?

There were 12,500 settlers in the West Bank. By 1993, when the Oslo Accords were signed, there were 116,000 settlers in the West Bank. By about the year 2000, when the Camp David talks were conducted and then failed, there were 198,000 settlers in the West Bank. By 2014, when the last of the serious peace negotiations were conducted under John Kerry and then failed, there were 370,000 Israeli settlers in the West Bank.”

“In 2003, as I said, there were no settlers in the West Bank. Back in 1936, David Ben-Gurion said, and remember, 1936 was at the height of the integration of European Jews fleeing the specter of European fascism with most of the doors to the West, Russia’s door, and then North American foes. And David Ben-Gurion said, what error could not do this in the past? And we realize that 60,000 European Jewish immigrants a year who leave in 2009 means no error saved.”

“Can we not see today, almost 90 years later, that having 3 quarters of a million Israeli settlers in each Jerusalem in the West Bank, with a growth of somewhere between 25,000 and 35,000 settlers in a year, net population, means no domestic and self-determination with this group. So let’s look at this last piece here. I’m going to read this just a few pages before we send everything else to the team.”

“There are three questions at the end of it. They want the Security Council one at the beginning of the evening. And I request that the Secretary General of the United Nations report to the Security Council every three months on the implementation of the provisions of this resolution, most importantly of which is a demand that the doors immediately cease and completely cease all settlement activity. And that has been done every three months from the proper beginning.”

“There have been Security Council Generals, General Secretary, Secretary General, has delivered to the Security Council regarding Israel’s compliance with the 2354 regarding settlement activities. The March 2024 report, which is the 29th report, is the most recent one that I’ve applied to each of them online. It says the resolution calls on Israel to immediately and completely cease all settlement activity in the occupied lands, including Israel. And it would respect the new obligations. Nevertheless, settlement activities are continued and intensified. The other long warning I thought I wanted to give for each of these security reports, no such threats are created during the reported period as settlement activities continue.”

“So we have, if you like, this passive, and this specific, almost disembodied voice coming from the UN Secretary General, or which, of course, is in a digital pattern, tailored to the security council, this remains to obey resolution 2354.”

“And I won’t take you through it, but in the 1921 report, especially going forward to the UN Security Council, I applied this variant test that the periphery committee for the ICC had developed and found that Israel had violated all three aspects. And now, the definition of the authority willingness of those in official positions of power is now being enwired, who will say that the trade settlements are a form of war crime.”

“I think is a very roosting argument, such transfer is not a form of war crime that may engage individual criminal responsibility of those involved. And then, again, we’re being introduced several times to the International Court of Justice, where it’s said, and after going through an extensive review of the ICC, which is a settlement inquiry, with respect to digital settlement policy, it affirms, and in the light of the law, the ICC reaffirms that the trade settlements in the West Bank, in Jerusalem, and in the region associated with them have an established pattern of maintaining violation of international law.”

Accountability is a missing component with respect to international law

“On the question of accountability, accountability is a missing component with respect to international law. International law, without international resolve, generally emerges from below to be able to enforce the application of existing international law. And I’m very happy with respect to these.”

“These are three of the main components with respect to international law and accountability. First of all, with respect to international and international law, common argument, common law, all four of them says that the highest common comparison is with respect to security.”

“The International Committee of the Red Cross, the guardian of the Geneva Convention, has said, to ensure respect is not simply words on paper, this is a solemn, legal, binding, commitment and obligation. The states have to require the approval of international law means any serious breach of international law, and those states require international law to assist in the breach of international law.

And finally, I want you to keep Article 25 of the Charter of the United Nations in mind that the members of the United Nations agree to accept and to carry out the decisions of the United Nations.”

Middle East

Iran to receive hundreds of Chinese shoulder-fired missiles within weeks, sources say

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Iran is expected to receive its first shipment of 400 Chinese-made shoulder-fired air defense missile systems within weeks as it seeks to rebuild its air defenses amid an ongoing war with the US.

Three sources with knowledge of the agreement disclosed the information to Reuters.

Valued at between $60 million and $70 million, the purchase represents one of Tehran’s largest known efforts to bolster its short-range air defense capabilities since the outbreak of hostilities with the US and Israel.

According to the sources, the contract covers between 300 and 400 man-portable air defense systems, or MANPADS, including Chinese-made QW-12 and FN-16 missiles.

The deal was signed with Hong Kong-based Zhongqing Baoshang International Investment, which reportedly acted as an intermediary between the Iranian side and the Chinese supplier.

Iran’s Ministry of Foreign Affairs has not yet responded to a request for comment from Reuters regarding the information provided by the sources, who spoke on condition of anonymity due to the sensitivity of the matter.

China’s Ministry of Foreign Affairs issued the following statement:

“The relevant reports are completely baseless. China has consistently played a role in promoting peace and bringing an end to the conflict.”

Beijing-based Zhong Qing Bao Shang Group, the parent company of Zhongqing Baoshang International Investment, did not immediately respond to a request for comment sent on Tuesday.

Iran needs to rearm following months of conflict during which the US and Israel struck facilities tied to its missile, drone, and air defense programs. Tehran responded to those attacks with salvos of ballistic missiles and drones.

The fighting demonstrated the difficulty of defending static military and strategic installations against advanced fighter jets and precision-guided munitions.

Washington abruptly halted its two-week bombing campaign on Saturday. However, US President Donald Trump said attacks would resume if negotiations aimed at ending the five-month war—which has theoretically been under a ceasefire since April—fail.

The delivery of hundreds of MANPADS systems would significantly expand Iran’s inventory of short-range air defense weapons.

However, the sources cautioned that while the agreement has been signed, the delivery schedule, quantities, and other operational details remain subject to change.

Under the plan agreed upon by the parties, initial deliveries will be transported by air from the western Chinese city of Urumqi before being routed through Pakistan to Iran. The sources did not clarify whether transport following the transit through Pakistan would occur by air or land.

The Pakistani military’s public relations wing, ISPR, said in a statement:

“Allegations that Pakistan is playing a role in the supply of air defense weapons from China to Iran are completely fabricated and contrary to fact.”

Two Western intelligence sources and an Iranian official said Tehran is also exploring the option of using overland routes to transport Chinese-made military equipment and dual-use components more covertly, reducing the risk of shipments being intercepted.

The procurement process underscores how the Islamic Republic of Iran continues to rely on a combination of domestic arms production and foreign suppliers, despite years of sanctions and defense import restrictions.

Reuters previously reported, citing individuals familiar with the discussions, that Iran was close to concluding a separate deal to purchase anti-ship cruise missiles from China. Reuters was unable to confirm whether that agreement was finalized.

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Saudi crude exports from Yanbu plunge 40% as Yemeni strikes force reliance on costlier routes

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Crude oil shipments from Saudi Arabia’s Yanbu Port on the Red Sea coast have dropped by 40% over the past few days.

According to data published on July 26 by maritime intelligence firm Vortexa, the Riyadh administration has begun utilizing the SUMED pipeline in Egypt and alternative transit routes in an effort to bypass the naval blockade declared by forces aligned with Sanaa.

The sharp decline in shipment volumes follows retaliatory operations and the enforcement of a maritime blockade against Saudi Arabia by the Yemeni Armed Forces, operating under the Ansarallah movement.

Riyadh has maintained military strikes and blockade measures against Yemen for nearly 12 years.

A Sunday report by maritime intelligence firm Windward, drawing on Vortexa data, noted that Saudi Arabia has established a new logistical framework to maintain its export flows. “Saudi Arabia has created an alternative export route functioning via the SUMED pipeline and the Cape of Good Hope,” the report stated. The agency reported that this shift has driven up transportation costs by approximately $9 per barrel.

The market analysis report provided the following assessment regarding the operational mechanics of the transition:

“Saudi crude shipments have not stopped; they have been split into two distinct routes. Tankers berthing at Yanbu Port are now operating with their AIS signals completely turned off. Vessels are concealing their locations to avoid inclusion on Ansarallah’s target list. Saudi Arabia has established an alternative export route operating via the SUMED pipeline and the Cape of Good Hope. Although this route increases costs and transit times, it demonstrates that the market is capable of adapting to changing conditions.”

Saudi Arabia previously activated a similar alternative route via Yanbu during the initial phase of the US-Israel war, following Iran’s first blockade measures directed at the Strait of Hormuz.

At the time of the Windward report’s release, satellite imagery published by SoarAtlas revealed the ongoing situation at Saudi Aramco’s Jizan Oil Refinery. Massive fires triggered by attacks carried out by the Yemeni Armed Forces were shown to be persisting at the $12 billion facility. Images captured on Saturday documented dense black smoke continuing to billow from a giant oil storage tank at the site.

The Yemeni Armed Forces publicly announced their latest military operations against Saudi Arabia on July 25. They stated that the strikes were executed in response to the Saudi-led coalition resuming aerial bombardments against the Yemeni port city of Hodeidah.

An official statement issued by the Yemeni military under the Ansarallah-led administration provided the following details:

“In response to this overt and criminal aggression, the Yemeni Armed Forces carried out two specialized military operations. In the first operation, sensitive Saudi Aramco facilities in Jizan were targeted with dozens of ballistic missiles and drones. In the second operation, sensitive Saudi Aramco facilities in Yanbu were struck using ballistic and cruise missiles alongside unmanned aerial vehicles.”

Spokespersons for the Yemeni military emphasized that the strikes were “precise” and “direct,” while residents in the city of Yanbu were reported to have heard explosions over the weekend. In the early hours of Saturday, Saudi airstrikes had targeted fuel storage facilities and telecommunications infrastructure in Hodeidah.

Mahdi al-Mashat, President of the Ansarallah Supreme Political Council, issued a warning to the Saudi Arabian leadership in a statement on July 27. “We say to the Saudi enemy that those offering you false hopes will be of no avail. Anything short of an end to the aggression and the complete lifting of the blockade is mere fantasy,” al-Mashat said.

In line with their naval blockade decision, the Yemeni Armed Forces have also targeted two Saudi oil tankers with missiles in recent days. The Sanaa administration officially initiated its maritime restrictions on July 20 under the stated principle of “a blockade for a blockade.”

This latest phase of heightened tension began in early July when Saudi Arabia launched an airstrike targeting Sanaa International Airport for the first time after a prolonged hiatus. Yemeni forces responded by striking Abha Airport in Saudi Arabia with missiles and drones. The attack marked the Yemeni military’s first direct retaliatory strike inside Saudi territory since 2021.

The Saudi-led coalition initially intervened in Yemen in 2015 after Ansarallah took control of the capital, Sanaa, and ousted the Riyadh-backed government. The United Arab Emirates joined as a principal coalition partner, while the UK, the US, and Israel provided logistical support.

During peace negotiations conducted between Saudi Arabia and Yemen in 2023, the parties came close to a final agreement before talks stalled. Nevertheless, those contacts effectively served to freeze large-scale combat operations for an extended period.

The air and sea blockade enforced by Saudi Arabia for over a decade has deepened the humanitarian crisis, particularly due to commercial flight restrictions imposed on Sanaa International Airport. These measures have prevented critically ill and injured civilians from traveling abroad for medical treatment, while the coalition’s military intervention has driven widespread famine and resulted in the deaths of hundreds of thousands of people. Prior to Riyadh’s latest airstrikes, Yemeni forces had been conducting a general mobilization aimed at expelling coalition elements from the country.

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Pentagon faces severe budget crunch as Middle East operational costs drain key military funds

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The US Department of Defense is facing a severe budgetary shortfall driven by the escalation of the war with Iran, according to current and former American officials cited by The Washington Post.

Officials noted that funding for several critical areas could be completely exhausted in the coming weeks. Budgets allocated for this year’s operations of the Navy and Air Force, which have deployed warships and aviation assets to the Middle East, are projected to run out by the end of July.

To cover the funding deficit expected before the start of fiscal year 2027 on October 1, the Pentagon is internally redirecting its budgetary resources. Under this approach, military exercises and training sessions designed to maintain troop combat readiness are being scaled back or canceled. Additionally, funds originally allocated for the maintenance and repair of military equipment and facilities are being transferred to operational expenses.

In recent weeks, the Department of Defense requested permission from Congress to shift $4.3 billion—initially allocated for personnel training and weapons procurement—to cover emergency requirements. However, no decision has yet been made regarding this request.

The White House has also requested that Congress allocate $67 billion in emergency supplemental funding to cover military expenditures. Despite this, the House of Representatives plans to begin a one-month recess on Thursday, which will delay any decision on the funding for at least several weeks.

“Everyone needs to look at this situation and shake off the complacency,” said Representative Pat Harrigan, a Republican from North Carolina, commenting on the development.

Pentagon Spokesperson Sean Parnell emphasized the critical importance of defense funding, stating that Defense Secretary Pete Hegseth will do everything necessary to maintain the combat readiness of the armed forces.

Secretary Hegseth and the Chairman of the Joint Chiefs of Staff, General Dan Caine, are scheduled to present the justification for the funding allocation at an upcoming hearing before the Senate Appropriations Committee. Russell Vought, the Director of the White House Office of Management and Budget, is also among those scheduled to testify before the committee.

Vought stated last month that the cost of the war had reached approximately $30 billion. However, this White House calculation did not include the cost of rebuilding and repairing US bases damaged as a result of Iranian attacks in the Middle East.

Current and former officials warn that if Congress fails to act, military leadership will soon be forced to make even deeper compromises.

In closed-door discussions, Pentagon officials are expressing more profound anxieties. They emphasize that supplemental funding is urgently required to replenish munitions stockpiles, which are vital for deterring adversaries such as Russia and China.

The US defense budget for this year stands at approximately $1 trillion. This figure includes $150 billion in one-time funding approved by Congress last year for various priority goals, ranging from designing advanced weapons systems to stimulating the domestic defense industry. Meanwhile, the Donald Trump administration has requested a $1.5 trillion defense budget for 2027.

Internal Pentagon assessments indicate that when accounting for base repairs, the replacement of destroyed aircraft, and the replenishment of munitions stockpiles, the total cost of the Iran war could rise to between $80 billion and $100 billion, according to reporting by NBC. Sources state that the repair costs for US military facilities in Bahrain alone could reach $1 billion.

Senators are expected to question Hegseth on the collapse of the ceasefire, rising war costs, and the American service members who lost their lives in Jordan, Bloomberg reported.

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