Academic Panel: International Law, Military Court and Occupation with Dr. Imseis and Ms. Siniora

Quick Overview

Dr. Ardy Imseis argues that Israel's 54-year occupation of the occupied Palestinian territory (OPT) is illegal under international law due to violations of peremptory norms, a position the United Nations has failed to consistently uphold, thereby legitimizing the occupation. Randa Siniora further details how the Israeli military court system functions as a discriminatory instrument to sustain this occupation, rather than to achieve justice, with a 99% conviction rate for Palestinians.

Key Points: Dr. Ardy Imseis asserts Israel's 54-year occupation of the OPT is illegal, violating peremptory norms like the prohibition of territory acquisition by force, the right to self-determination, and the prohibition of alien subjugation. The UN's failure to consistently and clearly identify Israel's prolonged occupation as illegal has provided it a "measure of legitimacy," despite the UN's role in developing international legal prescriptions against alien domination. Randa Siniora states the Israeli military court system is "overloaded with structured deficiencies" and functions as "an instrument of sustaining occupation rather than achieving justice," being neither impartial nor neutral. The military courts exclusively control Palestinians, with 99% of those brought before them ending in conviction, often through plea bargains, while Israeli settlers face civilian courts. Since 1967, over 800,000 Palestinians have been arrested, with administrative detention common, allowing indefinite detention without charges based on "secret evidence." Both speakers criticize the UN's position that ending the occupation must be contingent on negotiations, arguing it runs counter to international law on state responsibility and enables a "bad faith occupant." Dr. Imseis proposes re-engaging the UN General Assembly and seeking a second International Court of Justice advisory opinion to definitively establish the occupation's illegality and call for its unconditional end.

Context: This academic panel, co-hosted by the U of T Law Union, the Palestine Forum, and Osgoode's Nathanson Center, emerged from questions following the IHRP hiring scandal at the University of Toronto law school regarding Israeli military courts. The event aims to foster critical conversation about Palestine and the law, emphasizing solidarity with those dismantling colonial systems and honoring the history of solidarity between Indigenous peoples in Turtle Island and Palestine. Speakers Dr. Ardy Imseis, an assistant professor at Queen's University Faculty of Law and former UN legal counsel in occupied Palestine, and Randa Siniora, General Director of the Women's Center for Legal Aid and Counseling and a human rights activist, bring extensive experience to the discussion.