Law, Politics and Violence in Israel/Palestine


Book Description

This book investigates the Israeli engagement with international law in relation to the Occupied Palestinian Territories (OPT) between 1967 and 2009. Grounded in a field-based study of the military International Law Department, it examines the dynamic position and impact that international law has had in the OPT. By analysing the Israeli 2008/9 offensive in Gaza as an example of contemporary warfare, the author argues that law and military agenda have become intertwined in ‘lawfare’, a condition sanctioning new forms of law and violence. The military legal system is central to the Israeli management of the OPT, yet despite the great interest in the legal aspects of the Israeli occupation, scholarly accounts of this institution are scarce. This discussion also has wider international relevance, particularly in the backdrop of the contemporary prominence of international law in Western militaries’ operations. This book will appeal to researchers, practitioners and students interested in international relations, political theory, human rights, Middle Eastern politics, and legal studies.




Law, Violence and Sovereignty Among West Bank Palestinians


Book Description

As the Oslo Peace Process has given way to the violence of the second intifada, this book explores the continuing legacy of Oslo in the everyday life of the Israeli-Palestinian conflict. Taking a perspective that sees the Israeli-Palestinian conflict as a conflict over the distribution of legal rights, it focuses on the daily concerns of West Bank Palestinians, and explores the meanings, limitations and potential of legal claims in the context of the region's structures of governance. Kelly argues that fundamental contradictions in the process through which the West Bank has been ruled and misruled have resulted in an unstable mixture of legality, fear and uncertainty. Based on long term ethnographic fieldwork, this book provides an insight into how the wider Middle East conflict manifests itself through the daily encounters of ordinary Israelis and Palestinians, offering an evocative and theoretically informed account of the relationship between law, peace-building and violence.




Justice for Some


Book Description

“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents




Palestine and International Law


Book Description

This collection of thirteen essays explains and analyzes the conflict between the Government of Israel and the Palestine Authority over the granting of sovereignty to Palestinians from the point of view of international law. The dispute--emotional, so far intractable, often violent--is of global, not merely Middle Eastern concern. The essays cover two general topics: the political nature of the conflict and the economic issues. The collection includes eight respected contributions previously published and five newly written essays. The contributors represent a range of political alignments and differing perspectives, providing the widest possible scope for understanding the issues and beliefs relating to the conflict. Includes bibliography and index.




International Law and the Israeli-Palestinian Conflict


Book Description

Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues, ranging from security, through legal and political frameworks to refugees and Jerusalem.




Problematizing Law, Rights, and Childhood in Israel/Palestine


Book Description

In this book, Hedi Viterbo radically challenges our picture of law, human rights, and childhood, both in and beyond the Israel/Palestine context. He reveals how Israel, rather than disregarding international law and children's rights, has used them to hone and legitimize its violence against Palestinians. He exposes the human rights community's complicity in this situation, due to its problematic assumptions about childhood, its uncritical embrace of international law, and its recurring emulation of Israel's security discourse. He examines how, and to what effect, both the state and its critics manufacture, shape, and weaponize the categories 'child' and 'adult.' Bridging disciplinary divides, Viterbo analyzes hundreds of previously unexamined sources, many of which are not publicly available. Bold, sophisticated, and informative, Problematizing Law, Rights, and Childhood in Israel/Palestine provides unique insights into the ever-tightening relationship between law, children's rights, and state violence, at both the local and global levels.




Hamas and Israel


Book Description

The conflict between Palestinians and Israelis has heightened since 2001, even as any perceived threat to Israel from Egypt, Jordan, Iraq, or even Syria, has declined. Israel, according to Chaim Herzog, Israel's sixth President, had been "born in battle" and would be "obliged to live by the sword." Yet, the Israeli government's conquest and occupation of the West Bank and Gaza brought about a very difficult challenge, although resistance on a mass basis was only taken upyears later in the First Intifadha. Israel could not tolerate Palestinian Arabs' resistance of their authority on the legal basis of denial of self-determination,2 and eventually preferred to grant some measures of self-determination while continuing to consolidate control of the Occupied Territories, the West Bank, East Jerusalem, and Gaza. However, a comprehensive peace, shimmering in the distance, has eluded all. Inter-Israeli and inter-Palestinian divisions deepenedas peace danced closer before retreating. Israel's stance towards the democratically elected Palestinian government headed by HAMAS in 2006, and towards Palestinian national coherence-legal, territorial, political, and economic-has been a major obstacle to substantive peacemaking. The reasons for recalcitrant Israeli and HAMAS stances illustrate both continuities and changes in the dynamics of conflict since the Oslo period (roughly 1994 to the al-Aqsa Intifadha of 2000). Now, more than ever, a long-term truce and negotiations are necessary. These could lead in stages to that mirage-like peace, and a new type of security regime. The rise in popularity and strength of the HAMAS (Harakat al-Muqawama al-Islamiyya, or Movement of the Islamic Resistance) Organization and its interaction with Israel is important to an understanding of Israel's "Arab" policies and its approach to counterterrorism and counterinsurgency. The crisis brought about by the electoral success of HAMAS in 2006 also challenged Western powers' commitment to democratic change in the Middle East because Palestinians had supported the organization in the polls. Thus, the viability of a twostate solution rested on an Israeli acknowledgement of the Islamist movement, HAMAS, and on Fatah's ceding power to it. Shifts in Israel's stated national security objectives (and dissent over them) reveal HAMAS' placement at the nexus of Israel's domestic, Israeli-Palestinian, and regional objectives. Israel has treated certain enemies differently than others: Iran, Hizbullah, and Islamist Palestinians (whether HAMAS, supporters of Islamic Jihad, or the Islamic Movement inside Israel) all fall into a particular rubric in which Islamism-the most salient and enduring socio religious movement in the Middle East in the wake of Arab nationalism-is identified with terrorism and insurgency rather than with group politics and identity. The antipathy to religious fervor was somewhat ironic in light of Israel's own expanding "religious" (haredim) groups.




A Threshold Crossed


Book Description

"The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.




Philosophical Perspectives on the Israeli-Palestinian Conflict


Book Description

This volume addresses a number of philosophical problems that arise in consideration of the century-old conflict between Israeli Jews and Palestinian Arabs. Consisting of essays by fifteen contributors (including both Israeli and Palestinian philosophers) and a lengthy introduction by the editor, it deals with rights to land, sovereignty, self-determination, the existence and legitimacy of states, cultural prejudice, national identity, intercommunal violence, and religious intransigence.




Communities and Law


Book Description

Communities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures. Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University.