The roadblocks slowing ICC prosecutor’s pursuit of justice for Israel-Hamas war crimes 

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Since the Israeli assault began on Gaza, more than 40,100 Palestinians have been killed. ICC judges have been asked to issue arrest warrants for Netanyahu and Gallant. (AFP)
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The International Criminal Court headquarters in The Hague, Netherlands. (Shutterstock)
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Updated 29 August 2024
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The roadblocks slowing ICC prosecutor’s pursuit of justice for Israel-Hamas war crimes 

  • ICC prosecutor Karim Khan has asserted the court’s jurisdiction over war crimes charges against Israeli and Hamas leaders
  • Numerous legal submissions, including from governments, have challenged the ICC’s authority, delaying the court’s ruling

LONDON: Karim Khan, chief prosecutor of the International Criminal Court, has urged judges to reject legal challenges disputing the court’s power to issue arrest warrants for Israeli nationals, confirming the warrants are well within the ICC’s purview.

Khan applied for warrants in May for the arrest of Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, and three Hamas leaders — Yahya Sinwar, Ismail Haniyeh, and Mohammed Deif — on charges of war crimes and crimes against humanity.




Karim Khan, chief prosecutor of the International Criminal Court. (AFP/File)

Haniyeh has since been killed in a suspected Israeli strike in Tehran, while unconfirmed reports suggest Deif was killed in an Israeli strike in Gaza. Sinwar, meanwhile, has been appointed as the militant group’s new political chief.

“It is settled law that the court has jurisdiction in this situation,” Khan wrote in court filings made public on Aug. 23, dismissing legal arguments filed by over 60 governments, organizations and individuals opposing the warrants.

The court’s Pre-trial Chamber was expected to issue a ruling on the warrants by the end of July, but the many submissions have slowed the process. Khan warned that “any unjustified delay in these proceedings detrimentally affects the rights of victims.”




Yemenis lift a large portrait of Hamas political leader Ismail Haniyeh during a rally in Sanaa in support of the Palestinians. Haniyeh was assassinated in Tehran, presumably by Israelis. (AFP)

Khan requested the arrest warrants to hold accountable those who are alleged to have committed war crimes and crimes against humanity during the Hamas-led Oct. 7 attack on southern Israel and Israel’s retaliatory operation in the Gaza Strip.

However, in early June, the UK government requested permission to file an “amicus curiae” brief on whether a provision of the 1993 Oslo Accords peace deal could overrule the ICC’s jurisdiction over Israeli nationals.




On September 28, 1995, Israeli Prime Minister Yitzhak Rabin (2nd-L) and PLO Chairman Yasser Arafat (2nd-R) signed a Palestinian autonomy accord in the West Bank in what has become known as the Oslo Accord. (AFP/File)

As part of the Oslo Accords, the Palestinian Authority agreed it does not have criminal jurisdiction over Israeli nationals. In his 49-page legal brief, Khan said the chamber considered the observations on the Oslo Accords to be an issue of “potential relevance.”

Other governments, including Germany, followed suit, with several also arguing the ICC should wait for Israel to conclude its own internal investigation into the allegations.

In his Aug. 23 legal brief, Khan rejected Israel’s claim that it is carrying out its own investigation into alleged war crimes. He argued that “the available information does not show that Israel is investigating substantially the same conduct as the ICC.




Several governments have pushed for the ICC to wait for Israel to conclude its own internal investigation into war crimes charges raised before the court. (Supplied)

Having initially led the charge against the ICC’s arrest warrants under its previous Conservative administration, Britain’s new Labour government dropped the Oslo challenge in late July, despite pressure from the US and Israel, neither of which is a signatory to the ICC.

Kenneth Roth, the former executive director of Human Rights Watch, says the right of Palestinians to prosecute war crimes against them “cannot be negotiated away.”

He said a ruling in July by the International Court of Justice, which deemed Israel’s occupation and annexation of the Palestinian territories to be illegal, addressed the argument as to whether the Oslo Accords mean the Palestinians have waived their rights.




A general view shows the land of the Palestinian Kisiya family in the Al-Makhrour area of Beit Jala in Bethlehem, which was seized by Jewish landgrabbers, reportedly aided by Israeli authorities. (AFP)

“It cited Article 47 of the Fourth Geneva Convention, which says negotiations between occupier and occupied cannot deprive people of rights under the convention — a wise precaution given inherent power imbalances,” Roth told Arab News.

“The court was addressing the issue of Israel’s illegal settlements, but the same logic applies to Palestinians’ right to prosecute war crimes. That is not a right that can be negotiated away, meaning that the recognized state of Palestine has the right to confer that jurisdiction as needed to the International Criminal Court.”

Hamas led a surprise cross-border attack on southern Israel on Oct. 7, killing at least 1,100 people and taking a further 250 hostage — most of them civilians. Israel retaliated with a bombing campaign and ground offensive against the Hamas-controlled Gaza Strip.




Family members and supporters of hostages who were kidnapped by Hamas militants during their deadly attack on southern Israel on October 7, 2023, have been holding continuous protest actions in an effort to bring back the hostages. (REUTERS)

Since the Israeli operation began, at least 40,400 Palestinians have been killed, according to Gaza’s health ministry, civilian infrastructure has been reduced to rubble, and more than 90 percent of the enclave’s population has been displaced.

Israel, which launched its Gaza mission in the wake of the Oct. 7 attack with the stated aim of destroying Hamas and other militant groups, insists it does not target civilians, instead accusing Palestinian militants of using civilians as human shields.

Commenting on the other legal challenge being brought against the ICC, Roth criticized the German government’s argument that the court should wait for Israel to end its operation in Gaza before pursuing arrest warrants




Palestinians bury their dead at a cemetery in Rafah, southern Gaza Strip, in this picture taken on February 21, 2024. Continuing Israeli strikes have killed at more than 40,400 Palestinians since Oct. 7, 2023. (AFP Photo/File)

“The German government has gone so far as to claim that the ICC should not prosecute any Israeli while the war in Gaza continues because it is too difficult for Israeli prosecutors to work right now,” he said.

“That is an argument that Germany notably did not make when Putin was charged,” he added, drawing a comparison with attitudes to the arrest warrant issued for Russian President Vladimir Putin for the alleged abduction of Ukrainian children.

“More to the point, it is wrong. Military prosecutors (around) the world operate during wars.”

For Roth, waiting until the fighting has ended would only encourage further human rights violations. “No one believes that the prosecution of war crimes should wait until all fighting ceases,” he said. “That would only encourage more war crimes.”




Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. (AFP)

He added: “In any event, Israeli prosecutors have been on notice for months that Netanyahu and Gallant were being investigated for their starvation strategy in Gaza, but there has been no public notice of any Israeli investigation of them.

“That is consistent with the longstanding Israeli practice of never prosecuting senior Israeli officials.”

The arrest warrants for Netanyahu and Gallant specifically allege the two Israeli ministers bear responsibility for “starving civilians as a method of warfare” in the Gaza Strip by obstructing the delivery of humanitarian relief.




Infographic showing the drastic drop in hurelief aid entering Gaza. Israel has been accused of obstructing the entry of humanitarian relief as part of a systematic effort to starve Palestinians in the enclav. (AFP/File)

Another legal objection to the warrants concerns equating the actions of Hamas with those of Israel. The German government has rejected any comparison between the two, stressing Israel’s “right and duty to protect and defend its people.”

Nevertheless, if an arrest warrant is issued, Germany, like other ICC member states, would be legally obliged to arrest the two Israeli leaders if they were to enter the EU country.

Despite the current impediments, Roth is hopeful that justice will be delivered to the victims of the Israel-Hamas conflict.

“It may still take a month or two for the ICC judges to sort through these arguments, but I anticipate the arrest warrants will be issued in the reasonably near term,” he said.

“At that stage, no one charged will be able to travel to any of the 124 ICC member states which have a duty to arrest them. That lays a foundation of hope that we will see justice done.”
 

 


Gaza rescuers say at least 18 killed in Israeli strikes

Updated 16 September 2024
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Gaza rescuers say at least 18 killed in Israeli strikes

  • The deaths include five women and four children
  • Israeli air strikes and artillery shelling have continued relentlessly amid an impasse over a ceasefire deal

GAZA STRIP: Gaza rescuers and medics said Israeli air strikes killed at least 18 people across the Palestinian territory overnight, including five women and four children on Monday morning.

One of the Israeli strikes killed 10 in one house.
The 10 were killed and 15 others were injured when an air strike hit the home of the Al-Qassas family in the Nuseirat refugee camp in central Gaza, a medic at Al-Awda hospital, where the bodies were brought, told AFP.
Gaza’s civil defense agency confirmed the death toll, with its spokesman Mahmud Bassal saying the strike took place on Monday morning.
The agency said six Palestinians were killed in a similar air strike during the night on a house belonging to the Bassal family in Gaza City’s Zeitun neighborhood, a regular target of Israeli military raids since the war began in October.
Two people were killed in another overnight air strike in Rafah that targeted a house belonging to the Abu Shaar family, the agency said.
Several people were also wounded in these strikes, medics and rescuers said.
Israeli air strikes and artillery shelling have continued relentlessly amid an impasse over a ceasefire deal to facilitate the release of remaining hostages in Gaza in exchange for an unspecified number of Palestinian prisoners held in Israeli prisons.
The war in Gaza erupted after the October 7 attack by Palestinian Hamas militants on southern Israel, which resulted in the deaths of 1,205 people, mostly civilians, according to an AFP tally based on official Israeli figures.
Militants also seized 251 hostages, 97 of whom are still held in Gaza, including 33 the Israeli military says are dead.
Israel’s retaliatory military offensive has so far killed at least 41,206 people in Gaza, according to the health ministry in the Hamas-run territory, which does not provide a breakdown of civilian and militant deaths.


Nightlife now rules in Iraq’s former Daesh bastion

Updated 16 September 2024
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Nightlife now rules in Iraq’s former Daesh bastion

  • Mines had to be cleared before homes, infrastructure and roads could be rebuilt to allow hundreds of thousands of people to return to what is now a metropolis of 1.5 million people

MOSUL, Iraq: If they had tried to do this a few years ago, the group of Iraqi women enjoying a night out in Mosul would probably have risked severe punishment.
The northern city was under the harsh rule of the Daesh group until the terrorists were ousted from their last major Iraqi bastion in 2017.
Seven years later, Mosul’s streets truly come alive at nightfall, and residents are rediscovering the art of having a good time.
Amira Taha and her friends have come to a restaurant with their children, to enjoy food and live music — complete with crooners — on a night out that would have been unthinkable under Daesh rule.
“There has been enormous change in Mosul,” Taha tells AFP. “We now have freedom and nights out like this have become common” because of “the very stable security situation.”
The city has new restaurants to go to, pleasure cruises on the river Tigris, and amusement parks that draw families keen to take advantage of the newfound stability.
Dressed in an electric blue suit, the 35-year-old mother says “people wanted to open up (to the world) and enjoy themselves.”

On the stage, three Iraqi singers in suits and slicked-back hair take it in turns to entertain the diners with Iraqi and Arab pop songs.
The orchestra includes an electric organist, a violinist, and a musician playing the darbouka, a goblet-shaped drum.
When the terrorists took Mosul in 2014 they imposed a reign of sheer terror.
Music was banned, as were cigarettes. Churches and museums were ransacked, and Daesh staged public stonings and beheaded perceived wrongdoers.
Even after Mosul was retaken in 2017 in a destructive and lengthy fight by Iraqi and international coalition forces, it took several years for its citizens to emerge from years of trauma.
Entire neighborhoods were devastated, and reconstruction became a lengthy process.
Mines had to be cleared before homes, infrastructure and roads could be rebuilt to allow hundreds of thousands of people to return to what is now a metropolis of 1.5 million people.
In the past, Taha says, “people would go home, shut their doors and then go to bed” because of fears over security.
But now, all around her on the restaurant’s lawns, families are seated at most of the tables.
Sometimes the men and women puff on water pipes as their children clap and dance.
Overlooking the restaurant is a brand new bridge spanning the Tigris, a proud symbol of a Mosul being reborn.

Other cities in Iraq are in a similar situation, enjoying a return to normality after decades marked by war, sectarian violence, kidnappings, political conflict and extremism.
Ahmed — who goes by only his first name — opened a restaurant called “Chef Ahmed the Swede” in June, after spending “half of my life” in Sweden and taking a gamble.
Now he serves between 300 and 400 diners every day, Ahmed tells AFP.
“I’d always dreamt of coming back and starting my own business,” says the proprietor, who is in his forties.
“People want to go out, they want to see something different,” he says.
At Ahmed’s, diners can choose from dishes inspired by Scandinavian and European cuisines, alongside old favorites such as pastas, pizzas and grilled meats.
Khalil Ibrahim runs an amusement park on the banks of the river.
“The city has seen radical changes over the past few years,” he says. “We’ve gone from destruction to reconstruction.”
Friday is the first day of the weekend, and the evening is pierced by the happy shrieks and laughter of children in dodgem cars, the Ferris wheel and other attractions.
“People used to go home early,” Ibrahim tells AFP. “But now they’re still arriving even at midnight.”

His park opened in 2011, but it was “completely destroyed” in the war.
“We started again from scratch” with the help of private funding, he says.
As Mosul was still emerging from its terrorist nightmare, another tragedy befell the city.
In 2019 around 100 people, mostly women and children, died when a ferry taking families across the river to a leisure park capsized.
But today, pleasure boats ply the Tigris by night, their passengers admiring the riverbank lights of the restaurants and their reflection in the dark waters.
In small cafes, clients play dominoes or cards as they have a smoke.
“We’re comfortable here. We can breathe. We have the river, and that’s enough for us,” says day laborer Jamal Abdel Sattar.
“Some shops stay open until three in the morning, and some never close,” he adds. “When people got their first taste of security, they began to go out again.”
 

 


Will new residency rules rob Syrian children in Lebanon of their futures?

Updated 16 September 2024
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Will new residency rules rob Syrian children in Lebanon of their futures?

  • Two governorates require children to have a valid residency permit prior to registering for new academic year
  • The development come as Lebanon itself remains mired in crisis, with the specter of an all-out war looming

DUBAI: Authorities in Lebanon are imposing new restrictions that could deny thousands of displaced children access to an education. The measures come against a backdrop of mounting hostility toward war-displaced Syrians who currently reside in Lebanon.

The development comes as hostilities on the Lebanon-Israel border show no sign of abating, deepening sectarian divides and compounding the economic and political crises that have kept the country on hold.

This summer, at least two municipalities in Lebanon have announced that Syrian children wishing to enroll at schools in their districts must have a valid residency permit prior to registering for the new academic year.

In this photo taken in 2016, Syrian refugee children attend class in Lebanon's town of Bar Elias in the Bekaa Valley. (AFP/File)

Al-Qaa municipality in the Baalbek-Hermel governorate issued a statement declaring Syrian students were not eligible to register unless they and their families had legal residency permits issued by the Lebanese General Security.

In a recent interview with Alhurra news agency, Nabil Kahala, the mayor of Sin El-Fil, a suburb east of Beirut, said the measures prohibit Syrians from registering in schools unless they have legal residency.

“It is not enough for a displaced Syrian to have a document proving his registration with the UN,” said Kahala. “We require a residency issued by the Lebanese General Security in order to be able to rent a home, work, and enroll his children in schools.”

Any school that violates this decision “will be reported to the relevant authorities,” he said, stressing that “this measure is not racist, but rather is an implementation of Lebanese laws.”

Due to the red tape and stringent criteria for the renewal of Lebanese residency permits, only around 20 percent of displaced Syrians have valid residency status in Lebanon.

As some 80 percent are unable to obtain these documents, the measures have effectively barred Syrian children in these areas from attending school, depriving them of their right to an education.

A stringent Lebanese residency requirement has barred many Syrian children from attending school, depriving them of their right to an education. (AFP)

Under international law, all children have the right to an education, free from discrimination, irrespective of their immigration or refugee status.

In December 2023, foreign donors including the EU gave the Lebanese government 40 million euros to support the education sector and ensure vulnerable children would continue to have access to schools. The conditions of this aid appear to be going unmet.

“The Lebanese government should ensure all children, regardless of nationality or status, can register for school and are not denied the right to an education,” Michelle Randhawa of the Refugee and Migrant Rights Division at Human Rights Watch said in a recent statement.

In an interview with L’Orient-Le Jour on Aug. 13, Lebanese Minister of Education Abbas Halabi said his ministry remained committed to the core principle of the Convention on the Rights of the Child, and that all children, regardless of nationality or status, would be registered for school.

A stringent Lebanese residency requirement has barred many Syrian children from attending school, depriving them of their right to an education. (AFP)

The Lebanese government has previously imposed laws making it difficult for Syrians to obtain legal status. The UN refugee agency, the UN High Commissioner for Refugees, also ceased its formal registration of Syrians in 2015 after complying with a Lebanese government order.

New laws include rules imposed on Lebanese citizens not to employ, shelter, or provide housing to Syrians residing in the country illegally. Those found breaking these rules can face arrest.

It is not just displaced Syrians who are struggling to access basic services in Lebanon. In the throes of myriad crises and without a functioning government, many Lebanese citizens are unable to obtain a decent education.

Since 2019 Lebanese have suffered from a financial meltdown described by the World Bank as one of the planet’s worst since the 1850s. To make matters worse, cross-border skirmishes between Israel and Lebanon-based militant groups have killed at least 88 people in Lebanon, mostly Hezbollah combatants but also 10 civilians, since the eruption of war in Gaza in October last year.

Only around 20 percent of displaced Syrians have valid residency status in Lebanon, enabling them to attend school. (AFP)

With more than 80 percent of the population pushed below the poverty line, initial sympathy for the thousands of migrants and refugees who fled violence, persecution, and poverty in Syria has since waned.

The forcible deportation of Syrians has now become commonplace, in defiance of aid agencies who say Lebanese authorities have a duty not to endanger the safety of refugees — a principle known as non-refoulement.

Besides the new set of regulations issued by Lebanese authorities, the increasingly hostile rhetoric of some politicians has also fanned the flames of anti-Syrian sentiment, leading to outbreaks of inter-communal violence.

INNUMBERS

470,000 School-aged Syrian refugees in Lebanon registered by the UN.

20% Proportion of Syrians living in Lebanon with valid residency status.

In July, Samir Geagea, leader of the Lebanese Forces political party, called on the Ministry of Education to make schools ask students to provide the appropriate identification papers to register for the new academic year.

Geagea said all foreign students, especially Syrians, should have valid residency permits in order to register.

Dubbing the Syrian children an “existential threat,” the Free Patriotic Movement also issued a statement, saying: “We call on the Ministry of Education and owners of private schools and institutes to immediately stop the registration of any Syrian student in the country illegally.”

Faisal, a Syrian living in Lebanon without a residency permit, has been trying to find a way to enroll his 8-year-old son at school. Back in 2014, when he first arrived in Lebanon, he said services were readily available and the atmosphere more welcoming.

Syrian children run amidst snow in the Syrian refugees camp of al-Hilal in the village of al-Taybeh near Baalbek in Lebanon's Bekaa valley on January 20, 2022. (AFP)

“It was a little easier back then,” Faisal, who did not give his full name to avoid legal repercussions, told Arab News. “There was no hostility as you encounter nowadays. It’s a struggle and I am under constant stress of being found out, then getting deported.”

Faisal says he is able to scrape a meager living by working multiple jobs with Lebanese employers who are willing to defy the law and pay cheap Syrian laborers “under the table.”

He added: “I don’t want my son to grow up without an education and have to end up living like me. I want him to speak languages; I want him to know how to read and write properly; I want him to be able to have a chance at a good life.”

There are around 1.5 million Syrians in Lebanon, according to Lebanese government figures. Of these, the UNHCR has registered just 800,000.

Every year, local and international humanitarian organizations attempt to put pressure on the Ministry of Education to pass some laws to allow more undocumented Syrian children to obtain an education.

Lebanese law, however, is not the only barrier.

According to the 2023 Vulnerability Assessment of Syrian Refugees in Lebanon, conducted by the UNHCR, the UN Children’s Fund, and the World Food Programme, some of the biggest obstacles to Syrian children gaining an education in Lebanon include the cost of transport, fees and entry requirements, and the impact of poverty on school attendance.

Syrian refugee children play while helping tend to their family's sheep at a camp in the agricultural plain of the village of Miniara, in Lebanon's northern Akkar region, near the border with Syria, on May 20, 2024. (AFP)

Indeed, many Syrian children are forced to drop out of school in order to work to support their families, while daughters are frequently married off at a young age so that households have fewer mouths to feed.

Those lucky enough to find a school place and who have the means to attend can face discrimination, taunting and bullying from their classmates.

“My son was a joyful, bubbly child growing up, but I noticed he started becoming withdrawn after attending the private school I scrounged to get him enrolled in,” said Faisal. His son was being bullied by his classmates who called him a “lowly Syrian,” he said.

“Syrian has become a slur now.”
 

 


Palestinians to ‘jointly lead post-war Gaza’

Updated 15 September 2024
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Palestinians to ‘jointly lead post-war Gaza’

  • US not putting enough pressure on Israel to stop the war, Hamas official says

ISTANBUL: A senior Hamas official said on Sunday that the group wants “joint Palestinian rule” in Gaza once war ends in the besieged territory.

“Clearly, we said that the next day must be Palestinian ... the day after the battle is a Palestinian day,” Osama Hamdan said during an interview in Istanbul.
He said that the Palestinian movement had ample resources to continue fighting Israel despite losses sustained over more than 11 months of war in Gaza.
“The resistance has a high ability to continue,” Hamdan said.

Hamas official Osama Hamdan speaks during an interview with AFP in Istanbul on September 15, 2024. (AFP)

“There were martyrs and sacrifices ... but in return, there was an accumulation of experiences and the recruitment of new generations into the resistance.”
His comments came less than a week after Israeli Defense Minister Yoav Gallant told journalists that Hamas, whose Oct. 7 attack triggered the war, “no longer exists” as a military formation in Gaza.
Israeli Prime Minister Benjamin Netanyahu launched retaliatory military operations to destroy Hamas after the group’s surprise attack on southern Israel.
The Israeli military campaign has killed at least 41,206 people in Gaza, according to the territory’s Health Ministry, which does not provide breakdowns of civilian and militant deaths.
Netanyahu is facing mounting domestic pressure to seal a deal in which hostages would be released in exchange for Palestinian prisoners.
Israel’s announcement this month that the bodies of six hostages had been recovered from a tunnel in Gaza after they were “executed’ by Hamas spurred an outpouring of grief and anger, leading to a brief general strike and large-scale demonstrations that continued in Tel Aviv and Jerusalem on Saturday night.
But months of negotiations aimed at securing a truce have apparently stalled.
In the interview on Sunday, Hamdan said the US, Israel’s most crucial military backer, was not doing enough to force concessions from Netanyahu that would end the bloodshed.
“The American administration does not exert sufficient or appropriate pressure on the Israeli side,” Hamdan said.
“Rather, it is trying to justify the Israeli side’s evasion of any commitment.”
During two press conferences after officials announced the deaths of the six hostages earlier this month, Netanyahu said it was Hamas who refused to compromise and vowed “not to give in to pressure” on remaining sticking points.
He also said Israel’s military campaign had killed “no less than 17,000” Hamas militants.

 


Israeli border officer wounded in Jerusalem stabbing attack: police

Israeli police and border guards deploy near the scene of an attempted stabbing attack at the Damascus Gate.
Updated 15 September 2024
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Israeli border officer wounded in Jerusalem stabbing attack: police

  • The attack took place near the Damascus Gate in the historic walls of the Old City
  • “Border Police officers engaged with the terrorist, neutralized him with gunfire, and concluded the attack swiftly,” the police said

JERUSALEM: An Israeli border police officer was wounded in a stabbing attack on Sunday evening at a gate to Jerusalem’s Old City, police said.
The attack took place near the Damascus Gate in the historic walls of the Old City.
“The stabbed officer was lightly wounded and was evacuated for medical treatment,” the force said in a statement.
“Border Police officers engaged with the terrorist, neutralized him with gunfire, and concluded the attack swiftly,” the police said.
Tensions between Palestinians and Israeli Jews are frequent in the Old City and have only heightened since the start of the Gaza war more than 11 months ago.
In a separate statement, Israel’s Magen David Adom emergency service said the 20-year-old officer had an injury to his upper body.
“The terrorist, who attempted to flee into the Old City, was neutralized,” the police said.
Police and border forces were on the scene and investigating the incident, it added.
Jerusalem, and in particular the Old City, is a holy city for the three Abrahamic religions and remains a key issue at the heart of the Israeli-Palestinian conflict.
Israel claims Jerusalem as its indivisible capital, but the United Nations and the international community consider Israel’s annexation of east Jerusalem to be illegal.
Palestinians aspire to make occupied east Jerusalem, which includes the walled Old City and its holy sites, the capital of a future independent state.