Download or read book Is There a Court for Gaza written by Chantal Meloni and published by Springer Science & Business Media. This book was released on 2012-03-16 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.

Download or read book Is There a Court for Gaza written by and published by Springer. This book was released on 2012-03-21 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Courting Conflict written by Lisa Hajjar and published by Univ of California Press. This book was released on 2005-01-31 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.

Download or read book Palestine and the International Criminal Court written by Seada Hussein Adem and published by Springer. This book was released on 2019-04-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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

Download or read book The Trials of Richard Goldstone written by Daniel Terris and published by Rutgers University Press. This book was released on 2018-12-10 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2009, Richard Goldstone was a global hero, honored by the MacArthur Foundation for its prize in international justice. Four months later, he was called a “quisling” and compared to some of the worst traitors in human history. Why? Because this champion of human rights and international law chose to apply his commitments to fairness and truth to his own community. The Trials of Richard Goldstone tells the story of this extraordinary individual and the price he paid for his convictions. It describes how Goldstone, working as a judge in apartheid South Africa, helped to undermine this unjust system and later, at Nelson Mandela’s request, led a commission that investigated cases of racial violence and intimidation. It also considers the international renown he received as the chief United Nations prosecutor for war crimes committed in Rwanda and the former Yugoslavia, the first tribunals to try political and military leaders on charges of genocide. Finally, it explores how Goldstone became a controversial figure in the wake of the Jewish jurist’s powerful, but flawed, investigation of Israel for alleged war crimes in Gaza. Richard Goldstone’s dramatic life story reveals that even in a world rife with prejudice, nationalism, and contempt for human rights, one courageous man can advance the cause of justice.

Download or read book Applied Family Law in Islamic Courts written by Nahda Shehada and published by Routledge. This book was released on 2018-03-20 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.

Download or read book The Occupation of Justice written by David Kretzmer and published by Oxford University Press, USA. This book was released on 2021 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is an updated and expanded study of the manner in which the Supreme Court of Israel has related to petitions challenging actions of the Israeli authorities in the territories occupied by Israel during the 1967 War. The first edition of the study was published two decades ago by one of the present authors, David Kretzmer. The original work was completed just before the second intifida began in September 2000. It covered decisions of the Supreme Court both during the formative years of the Court's jurisprudence on the occupation, and during the first intifada that broke out in December 1987. As stated in the preface to the first edition, the beginning of the second intifada proved that the hopes that the historic Oslo Accords between Israel and the PLO (1993-1995) would lead to peace between Israel and the Palestinians and to the end of the occupation were premature. At the present time (2020) an end to direct Israeli control over the West Bank and restrictions on life in Gaza does not seem to be in sight. The so-called peace plan published by the Trump Administration in February 2020, as we were completing the manuscript, does not alter that picture, although it may contribute to changes in the regime in the West Bank. Much that has happened since the first edition was published has affected the type of cases that reach the Supreme Court, and consequently the topics covered in this study. After a wave of suicide bombings in Israel in 2001 and 2002 the IDF embarked on a military operation in the West Bank. This operation and subsequent hostilities between the IDF and armed Palestinian groups yielded a host of petitions relating to means and methods of warfare and to judicial review during active hostilities. In 2002 the Israeli government began the construction of a separation barrier in the West Bank, the declared purpose of which was to make it more difficult for potential Palestinian terrorists to enter Israel itself. The barrier's route not only spurred close to two hundred petitions to the Supreme Court; it was also the subject of an advisory opinion by the International Court of Justice. In August 2005 Israel withdrew its armed forces and civilian settlements from the Gaza Strip under the Disengagement Plan, and the government announced that Israel no longer had responsibility for Gaza. Controversy arose whether Gaza remained occupied territory. In 2006 the Hamas movement gained control over Gaza and the Government of Israel declared Gaza to be 'hostile territory.' The relations between Israel and Gaza have been tense ever since, with firing of rockets and bombs on Israeli towns and villages, severe restrictions on supply of goods to Gaza and movement of people between Gaza and the West Bank, and periods of active hostilities between Israel and Gaza. Since the first edition of this study was completed there has been a dramatic expansion in the number of Israeli settlements and settlers in the West Bank. This expansion has had various legal and practical consequences, including the emergence of two different legal regimes applicable to Israelis and to Palestinians resident in the West Bank"--

Download or read book Informal Justice written by Institute of Law Birzeit University and published by Createspace Independent Publishing Platform. This book was released on 2016-01-03 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Palestinian Legal System is often characterised as complex, since it consists of different layers of colonial codes and rules: Ottoman, British, Jordanian, and Egyptian laws, Israeli military orders and Palestinian legislation. Complicating matters further, there are at least two segments of legal and judicial life that coexist in Palestine:1 Codified laws and regulations, which include the religious laws (i.e. Sharia), and an informal system of conflict resolution based on customs (urf). The term 'informal justice' refers to a social phenomenon widespread throughout the West Bank, East Jerusalem and Gaza Strip, comprising the settlement of disputes between citizens outside the framework of the regular or formal (nizami) courts. It is a phenomenon which exists in a number of Arab countries. The book presents a deep socio-legal investigation and places legal and tribal practices in the general social context. It also strives to understand the social logic and general principles that govern informal justice and to explain the reasons for continued use of the system. It therefore does not start off from a position that simply emphasises the need for an official unified legal system that guarantees the rule of law, however imperative this is; rather, it is based on the principle that positions and recommendations must be based on a detailed understanding of the way informal justice works in real life, through the actions and positions of real social actors (ordinary people, formal and informal actors). The book provides a chronology of public institutions produced by the various regimes which have exerted their sovereignty on Palestine. The chronology allows the non specialist reader to understand the evolution of the system through those periods until the establishment of the Palestinian Authority and effect of the Israeli occupation on the system. The researchers involved in the study used field research to disclose the extent of the relationship and interaction between informal justice and the various social sectors and their institutions. This was included in-depth interviews with actors connected to informal justice; it also included collecting relevant documents from the different areas in the West Bank, East Jerusalem and Gaza. The book points to ingenious distinctions and contradictions between collective and individual approaches of law and rights when dealing at the same time with informal and official justice and by introducing a dose of political philosophy in the socio-legal approach, the researchers of the study draw the readers' attention on sensitive issues dealt with in Palestine today and challenge traditional perceptions on the nature of the rule of law and building state institutions in a conflict situation.

Download or read book Gaza written by Norman Finkelstein and published by Univ of California Press. This book was released on 2021-07-27 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Gaza Strip is among the most densely populated places in the world. More than two-thirds of its inhabitants are refugees, and more than half are under eighteen years of age. Since 2004, Israel has launched eight devastating "operations" against Gaza's largely defenseless population. Thousands have perished, and tens of thousands have been left homeless. In the meantime, Israel has subjected Gaza to a merciless illegal blockade. Norman G. Finkelstein presents a meticulously researched inquest into Gaza's martyrdom. He shows that although Israel justified its assaults in the name of self-defense, in fact these actions constituted flagrant violations of international law. He also documents that the guardians of international law -- from Amnesty International and Human Rights Watch to the UN Human Rights Council -- ultimately failed Gaza.

Download or read book The Israeli Military Court System in the West Bank and Gaza written by Kathleen Cavanaugh and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The war on terror narrative has wedged a legal lacuna between a rights-based and terrorism discourse. Within this rights-free zone, the Military Commissions Act of 2006 was signed into law by US President George W. Bush in October 2006. Whilst the act is consistent with current US policy (and narrative), opponents argue that it places the US outside of existing liberal democratic state practice, and challenge both the efficacy, as well as legality of placing the war on terror within an IHL framework (with the use of Military Commissions). Yet a review of the case of Israel and the Occupied Territories suggests that, even within an ostensibly liberal, democratic framework, the practice (and the accompanying discourse) is hardly new. Against this backdrop, this article will explore the operation of the Military Court system in the Occupied Territories, examining its legal basis and the impact of the military administration on the criminal justice process. When interrogating the operation the Israeli Military Court system through the lens of international legal norms, this article argues that a lacuna exists between Court practices and international legal requirements.

Download or read book The Punishment of Gaza written by Gideon Levy and published by Verso Books. This book was released on 2010-05-17 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Israel’s 2009 invasion of Gaza was an act of aggression that killed over a thousand Palestinians and devastated the infrastructure of an already impoverished enclave. The Punishment of Gaza shows how the ground was prepared for the assault and documents its continuing effects. From 2005—the year of Gaza’s “liberation”—through to 2009, Levy tracks the development of Israel policy, which has abandoned the pretense of diplomacy in favor of raw military power, the ultimate aim of which is to deny Palestinians any chance of forming their own independent state. Punished by Israel and the Quartet of international powers for the democratic election of Hamas, Gaza has been transformed into the world’s largest open-air prison. From Gazan families struggling to cope with the random violence of Israel’s blockade and its “targeted” assassinations, to the machinations of legal experts and the continued connivance of the international community, every aspect of this ongoing tragedy is eloquently recorded and forensically analyzed. Levy’s powerful journalism shows how the brutality at the heart of Israel’s occupation of Palestine has found its most complete expression to date in the collective punishment of Gaza’s residents.

Download or read book Detainees Denied Justice written by Gerald Simpson and published by BRILL. This book was released on 2021-10-25 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was originally researched by the author for the Palestinian Human Rights Monitoring Group. The aim was to analyse the Palestinian High Court's judgments ordering the Palestinian Authority to release Palestinian political prisoners whose penal procedural rights - together with the High Court's judgments - have been disregarded by the Palestinian Authority since 1996. With a view to providing practical recommendations to all parties responsible, the book includes the following features: - an introduction to the political and legal contexts and an independent summary analysing the findings of the research; - tables presenting all High Court cases dealing with Palestinian political prisoners detained in the Palestinian Territories handed down between 30 November 1997 and 13 June 2000; - 17 translations and analyses of pleadings to and judgments of the High Court; - transcripts of interviews with High Court judges and lawyers; - summaries and translations of applicable penal procedural law in force in the Gaza Strip and the West Bank; - a full new translation of the Draft Palestinian Judicial Authority Law; - presentation and analysis of provisions of the Israeli-Palestinian Peace Agreements relating to criminal and security jurisdiction in the Palestinian Territories.

Download or read book Palestine and Israel written by John B. Quigley and published by . This book was released on 1990 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quigley (law, Ohio State) details the complex politics and agonizing struggles that have characterized the clash between Jews and Arabs in the 20th century, examining the competing claims to Palestine and the extent to which legitimate interests remain to be fulfilled. Annotation copyrighted by Book News, Inc., Portland, OR

Download or read book Drinking the Sea at Gaza written by Amira Hass and published by Metropolitan Books. This book was released on 2014-11-04 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1993, Amira Aass, a young Israeli reporter, drove to Gaza to cover a story - and stayed, the first journalist to live in the grim Palestinian enclave so feared and despised by most Israelis that, in the local idiom, "Go to Gaza" is another way to say "Go to hell." Now, in a work of calm power and painful clarity, Hass reflects on what she has seen in Gaza's gutted streets and destitute refugee camps. Drinking the Sea at Gaza maps the zones of ordinary Palestinian life. From her friends, Hass learns the secrets of slipping across sealed borders and stealing through night streets emptied by curfews. She shares Gaza's early euphoria over the peace process and its subsequent despair as hope gives way to unrelenting hardship. But even as Hass charts the griefs and humiliations of the Palestinians, she offers a remarkable portrait of a people not brutalized but eloquent, spiritually resilient, bleakly funny, and morally courageous. Full of testimonies and stories, facts and impressions, Drinking the Sea at Gaza makes an urgent claim on our humanity. Beautiful, haunting, and profound, it will stand with the great works of wartime reportage, from Michael Herr's Dispatches to Rian Malan's My Traitor's Heart.

Download or read book Conflicts in a Conflict written by Michael Karayanni and published by Oxford University Press. This book was released on 2014-04-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts in a Conflict outlines and analyzes the legal doctrines instructing the Israeli courts in private and civil disputes involving the Occupied Palestinian Territories of the West Bank and the Gaza Strip, since 1967 until the present day. In doing so, author, Michael Karayanni sheds light on a whole sphere of legal designs and norms that have not received any thorough scholarly attention, as most of the writings thus far have been on issues pertaining to international law, human rights, history, and politics. For the most part, Israeli courts turned to conflict of laws, or private international law to address private disputes implicating the Palestinian Territories. After making a thorough investigation into the jurisdictional designs of the West Bank and the Gaza Strip, both before and after the Oslo Peace Accords, Conflicts in a Conflict comes to focus on traditional topics such as adjudicative jurisdiction, choice of law, and recognitions and enforcement of judgments. Related issues such as the foreign sovereign immunity claim of the Palestinian Authority before Israeli courts as well as the extent to which Palestinian plaintiffs were granted access to justice rights, are also outlined and analyzed. This book's compelling thesis is the existence of a close relationship between conflict of laws doctrines as they developed over the years and Israeli policies generally in respect of the Palestinian Territories. This study of the conflict of laws in a war setting and conflict of laws in a jurisdictionally ambiguous location, will greatly serve scholars and practitioners in similarly troubled and complex legal situations elsewhere.