# Academic Panel: International Law, Military Court and Occupation with Dr. Imseis and Ms. Siniora Source: https://www.youtube.com/watch?v=-4uR3y1xvKY Recap page: https://rapidrecap.app/video/-4uR3y1xvKY --- ## 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. ## Detailed Analysis The panel critically examines the legality of Israel's prolonged occupation of the occupied Palestinian territory (OPT) and the function of its military court system. Dr. Ardy Imseis argues that the United Nations' inconsistent stance on the occupation's legality, particularly its emphasis on bilateral negotiations, has inadvertently legitimized Israel's 54-year presence, which he contends violates fundamental international legal principles. He highlights Israel's systematic alteration of the OPT's status through annexation, settlement expansion, and population transfer, directly contravening peremptory norms prohibiting territory acquisition by force, denying the Palestinian right to self-determination, and imposing regimes of alien subjugation and racial discrimination, as evidenced by UN reports. Imseis advocates for the UN General Assembly to revive its position on the occupation's illegality and for the International Court of Justice to issue a second advisory opinion, demanding an unconditional and immediate end to the occupation. Randa Siniora complements this by detailing how the Israeli military court system serves as a tool for control and oppression rather than justice. She describes it as "overloaded with structured deficiencies," inherently discriminatory, and designed to sustain the occupation. Siniora points out that these courts exclusively prosecute Palestinians, with a 99% conviction rate, often through plea bargains, while Israeli settlers are tried in civilian courts. She highlights practices like administrative detention based on "secret evidence" and the criminalization of non-violent political and cultural expression, underscoring how the system controls every aspect of Palestinian life and prevents the end of the occupation. Both speakers agree that conditioning the end of occupation on negotiations is problematic, as it contradicts international law on state responsibility and empowers the occupying force. ### Event Context & Solidarity - Event originated from questions following the IHRP hiring scandal at U of T law school - Panelists acknowledge being on traditional Indigenous territory and express solidarity with those dismantling colonial systems - The Hearing Palestine initiative provides an intellectual space for Palestinians and those interested in the history and future of Palestine. ### Critique of UN's Role in Palestine - The UN's failure to consistently and clearly identify Israel's prolonged occupation as illegal exposes a fundamental chasm in its commitment to international rule of law - The UN's emphasis on negotiations for ending the occupation is problematic, running counter to international law on state responsibility - This approach has provided a measure of legitimacy to Israel's occupation, frustrating the realization of Palestinian self-determination. ### Illegality of Israeli Occupation - Israel's 54-year occupation of the OPT violates three peremptory norms: prohibition of territory acquisition through force, respect for self-determination, and refraining from alien subjugation - Israel has systematically altered the status of the OPT through de facto and de jure annexation, including East Jerusalem and settlement expansion - The settlement policy, which has resulted in 19-23% of the West Bank population being Israeli settlers, constitutes demographic changes and racial discrimination, as noted by UN committees. ### Discriminatory Israeli Military Court System - The military court system is "overloaded with structured deficiencies" and functions as an instrument for sustaining occupation, not achieving justice - It is not impartial or neutral, serving as a central system for maintaining Israel's control over Palestinians - The system is discriminatory, prosecuting only Palestinians with a 99% conviction rate, while Israeli settlers face civilian courts - Practices include lengthy interrogation periods (up to 90 days), prolonged court proceedings (up to two years), and widespread administrative detention based on "secret evidence." ### Path Forward for International Law - The UN General Assembly should be re-engaged to revive its prior position characterizing the occupation as illegal and calling for immediate, unconditional withdrawal - A second advisory opinion from the International Court of Justice should be sought to definitively establish the occupation's illegality and its required unconditional end - Such actions would bring the UN's conduct in line with its charter and the principles of justice and international law.