› › Transitional Justice For Israel Palestine

Transitional Justice for Israel/Palestine

Author : Jeremie Bracka

Publisher : Springer Nature

Page : 398 pages

File Size : 10,33 MB

Release : 2022-01-01

Category : Social Science

ISBN : 3030894355

Get eBook

Book Description

This book applies the dynamic field of transitional justice to conflict resolution in Israel/Palestine. Around the globe, diverse societies have pursued truth-telling, restorative justice and reconciliation to end conflict -- yet the language of transitional justice has been all but absent in Israel/Palestine. This volume squarely addresses how transitional justice could contribute to conflict transformation and accountability, incorporating the questions of collective justice, memory, and human rights. It covers the most important historical and legal issues facing Israel/Palestine with a focus on civil societies in South Africa, Northern Ireland and Latin America. Ultimately, the book proposes an unofficial Israeli-Palestinian Truth and Empathy Commission (IPTEC) to address gross human rights abuses committed by both nations. Transitional Justice for Israel/Palestine will be of interest to researchers, NGOs, and policy makers working in transitional justice and societies with ongoing conflict.



Transitional Justice and Post-Conflict Israel/Palestine

Author : Ariel Meyerstein

Publisher :

Page : 0 pages

File Size : 29,82 MB

Release : 2009

Category :

ISBN :

Get eBook

Book Description

This article comes at a moment of profound questioning as to the possibility that Israelis and Palestinians will reach a negotiated permanent resolution to the conflict between them. Similarly, after years of intense activity and experimentation, the field of international justice and transitional justice also seems engaged in a process of self-critique with the aim of continuing its evolution. In particular, skepticism has grown regarding the international community's continued blind faith preference for establishing internationalized, individual criminal prosecutions that focus primarily on high-level perpetrators. This article seizes this critical moment as an opportunity to see what each of these troubled areas can do for the other by examining whether transitional justice has a place in the Israeli-Palestinian post-conflict, and if so, what form it should take. It is hoped that by recasting the former in light of the latter - i.e., by attempting to fit the Israeli-Palestinian conflict into the transitional paradigm-that new challenges to the transitional construct will reveal themselves and challenges not apparent in other contexts will appear more pronounced, thus fueling further evolution of the transitional paradigm. In particular, the Israeli-Palestinian context presents challenging issues regarding the large beneficiary and collaborator classes in both societies. The article concludes by observing that history has proven truth commissions not to be panaceas. Nevertheless, they offer a limited, inherent "procedural value" by instantiating a new dynamic between former political enemies. All other results of a truth commission process - the content of the historical narrative it will produce, the transformative potential of the interpersonal encounters to be had during the victim and perpetrator hearings, and the way the entire project will be received and integrated into Israeli and Palestinian life - are wholly contingent. But even with these uncertainties and minimal assessments, a truth commission seems indispensable to the future coexistence of Israelis and Palestinians.



Transitional (in)Justice and Enforcing the Peace on Palestine

Author : Brendan Ciarán Browne

Publisher : Springer Nature

Page : 107 pages

File Size : 26,47 MB

Release : 2023-02-15

Category : Political Science

ISBN : 3031253949

Get eBook

Book Description

This book considers the growing interest in transitional justice practices that take place against the backdrop of ongoing settler-colonialism in Palestine. By critiquing the role of common top-down and bottom-up interventions, namely truth recovery and international criminal justice, the book argues that transitional justice acts as an extension of a deeply flawed peacebuilding process that has been so destructive in Palestine and has a deflating effect when it comes to advancing calls for meaningful decolonisation. A ‘radicalisation’ of transitional justice that takes place in settler-colonial contexts, one that prioritises conversations around meaningful decolonisation, is therefore required. The book will appeal to those with an interest in peacebuilding, conflict transformation and transitional justice.



Justice for Some

Author : Noura Erakat

Publisher : Stanford University Press

Page : 405 pages

File Size : 22,82 MB

Release : 2019-04-23

Category : History

ISBN : 1503608832

Get eBook

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



Justice and Peace in the Israeli-Palestinian Conflict

Author : Yaacov Bar Siman Tov

Publisher : Routledge

Page : 208 pages

File Size : 19,47 MB

Release : 2014-09-19

Category : Political Science

ISBN : 131768754X

Get eBook

Book Description

In this book, the late Prof. Yaacov Bar-Siman-Tov argues that the failure of the Israeli-Palestinian peace process so far has been mainly the result of the inability of both sides to reach an agreed formula for linking justice to peace. The issues of justice and injustice are focused mainly on the outcomes of the 1947-1949 first Arab-Israeli War and specifically in the creation of the Palestinian refugee problem. The conflicting historical narratives of the two sides regarding the question of responsibility for the injustice done to the Palestinians turn the Israeli-Palestinian conflict into a classic case of linking the issues of justice and peace.Yaacov Bar-Siman-Tov maintains that the narratives of justice and injustice in the Israeli-Palestinian conflict have proved to be formidable barriers to peace. Hence, he recommends that justice should be compromised for the sake of peace. The link between justice and peace is an important issue requiring both sides’ attention, but, given the wide and currently unbridgeable gap separating the two sides, it should be postponed to the phase of reconciliation rather than being included in the process of conflict resolution. The two-state solution is endorsed as the best and practical solution and as a first step for a "just peace" in this conflict, to be followed by reconciliation. Highly topical, this book is essential reading for scholars and researchers of International Relations, Peace Studies and the Arab-Israeli conflict.





Palestine and the International Criminal Court

Author : Seada Hussein Adem

Publisher : Springer

Page : 228 pages

File Size : 26,71 MB

Release : 2019-04-05

Category : Law

ISBN : 9462652910

Get eBook

Book Description

This book deals with the possible investigation and prosecution by the International Criminal Court (ICC) of crimes allegedly committed in the Israeli-Palestinian conflict. In light of the Rome Statute and the Practice of the Office of the Prosecutor of the Court, among others, it examines the route, possible outcomes, and challenges that may arise were the Palestine situation to be brought before the ICC. The subject matter is approached using the route the Prosecutor of the Court would generally employ to deal with situations. The publication offers a step-by-step procedure by which to conduct the preliminary examination and investigation of the situation in Palestine and deals with matters of jurisdiction, followed by a discussion of the fundamental concepts of complementarity and gravity to determine the admissibility before the ICC. Alleged crimes particularly unique to the Israeli-Palestinian conflict, such as the construction of settlements, forced displacement, house demolitions, the expropriation of land, the crime of apartheid and the blockade of Gaza, are dealt with in light of the Rome Statute and international law. On the basis of the established theories of transitional justice, the possible impacts of an ICC investigation and prosecution on the conflict are analysed and a number of insights are shared with regard to the impacts of the ICC on combatting impunity, fostering Palestine’s statehood, peace negotiations and the stability of the region. Due to the politicisation of the conflict and the various interests at stake, the impact of the ICC’s involvement on the credibility of the ICC itself is also reviewed. Recognizing the numerous impacts of the conflict on the existence of the two nations and the multitude of causes for its perpetuity, it does not limit itself to the ICC, but also provides other conflict resolution alternatives that could enable reconciliation and sustainable peace in the region. This book provides an array of opinions and a crucial input for researchers and practitioners alike, while it is also useful to those investigating and possibly involved in prosecutions regarding Palestine or other similar situations before the ICC. Seada Hussein Adem obtained a PhD from Humboldt University of Berlin, Germany, an LLM from the University of the Western Cape, South Africa, and an LLB from Haramaya University, Ethiopia./div





Transitional Justice in Comparative Perspective

Author : Samar El-Masri

Publisher : Springer Nature

Page : 244 pages

File Size : 47,74 MB

Release : 2020-01-17

Category : Political Science

ISBN : 3030349179

Get eBook

Book Description

What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.



Transitional Justice and Education

Author : Clara Ramirez-Barat

Publisher :

Page : 0 pages

File Size : 36,72 MB

Release : 2017

Category : Democracy and education

ISBN : 9780911400038

Get eBook

Book Description

After periods of conflict and authoritarianism, educational institutions often need to be reformed or rebuilt. But in settings where education has been used to support repressive policies and human rights violations, or where conflict and abuses have resulted in lost educational opportunities, legacies of injustice may pose significant challenges to effective reform. Peacebuilding and development perspectives, which normally drive the reconstruction agenda, pay little attention to the violent past. Transitional Justice and Education: Learning Peace presents the findings of a research project of the International Center for Transitional Justice on the relationship between transitional justice and education in peacebuilding contexts. The book examines how transitional justice can shape the reform of education systems by ensuring programs are sensitive to the legacies of the past, how it can facilitate the reintegration of children and youth into society, and how education can engage younger generations in the work of transitional justice.