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 Case for Palestine written by John B. Quigley and published by Duke University Press. This book was released on 2005 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the conflict between Israel and the Palestinians from the perspective of international law that examines the extent to which legitimate interests remain to be fulfilled.

Download or read book The Statehood of Palestine written by John Quigley and published by Cambridge University Press. This book was released on 2010-09-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Palestine as a territorial entity has experienced a curious history. Until World War I, Palestine was part of the sprawling Ottoman Empire. After the war, Palestine came under the administration of Great Britain by an arrangement with the League of Nations. In 1948 Israel established itself in part of Palestine's territory, and Egypt and Jordan assumed administration of the remainder. By 1967 Israel took control of the sectors administered by Egypt and Jordan and by 1988 Palestine reasserted itself as a state. Recent years saw the international community acknowledging Palestinian statehood as it promotes the goal of two independent states, Israel and Palestine, co-existing peacefully. This book draws on evidence from the 1924 League of Nations mandate to suggest that Palestine was constituted as a state at that time. Palestine remained a state after 1948, even as its territory underwent permutation, and this book provides a detailed account of how Palestine has been recognized until the present day.

Download or read book The Case for Israel written by Alan Dershowitz and published by Turner Publishing Company. This book was released on 2011-01-06 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Case for Israel is an ardent defense of Israel's rights, supported by indisputable evidence. Presents a passionate look at what Israel's accusers and detractors are saying about this war-torn country. Dershowitz accuses those who attack Israel of international bigotry and backs up his argument with hard facts. Widely respected as a civil libertarian, legal educator, and defense attorney extraordinaire, Alan Dershowitz has also been a passionate though not uncritical supporter of Israel.

Download or read book The Legal Case for Palestine written by Steven E. Zipperstein and published by Taylor & Francis. This book was released on 2024-07-31 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyzes the Palestinian legal arguments against Israeli occupation and in favor of Palestinian statehood. For the past two decades, Palestinians have chosen to pursue their claims against the Israeli occupation through litigation at the international courts. It is therefore appropriate, the author contends, to analyze the merits of the Palestinian legal claims separately from their political claims. To do so, the book comprises five parts: Part I addresses the role of international law in the conflict as well as Palestinian legal framing and lawfare. Part II recounts the relevant legal history, including the crucial legal implications of the Oslo Accords. Part III analyzes Palestinian legal claims regarding the West Bank and the Gaza Strip. Part IV assesses the Palestinian legal case for statehood. Part V analyzes Palestinian legal claims regarding Jerusalem. Ultimately, it is argued that the Palestinian legal case is weak even though the two-state solution continues to represent the most viable long-term political outcome to the conflict. Moreover, the author suggests that Palestinian leaders have repeatedly opted for conflict perpetuation through lawfare and violence, rather than conflict resolution through negotiation. Providing fresh insights into the claims and counterclaims of Palestinian legal arguments, the book will appeal broadly to anyone interested in the Israeli-Palestinian conflict and international law.

Download or read book The Palestine Question in International Law written by Victor Kattan and published by British Institute for International & Comparative Law. This book was released on 2008 with total page 1248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of Palestine has been a pivotal one for international law ever since the foundation of the UN in 1945. It remains so today. On July 9, 2004, the International Court of Justice (ICJ) gave its advisory opinion on the Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory. It ruled on some major international law questions concerning the applicability of the Geneva Civilians Convention of 1949 to prolonged occupations, as well as human rights law more generally. It confirmed the illegality of the Israeli civilian settlements established on occupied Palestinian territory and affirmed the continuing relevancy of the right of the Palestinian people to self-determination, which it considered an obligation erga omnes. The ICJ did not, however, rule on many of the international law questions pertaining to Final Status Issues which still need to be negotiated between the Israeli and Palestinian leadership if peace is to ever be accomplished in the Holy Land. In this series of essays, some of the most important questions relating to the Israel-Palestine conflict are addressed and reproduced in one complete volume, coinciding with the 60th anniversary of the creation of Israel and the demise of the British mandate of Palestine.

Download or read book Palestine and International Law written by Henry Cattan and published by Longman Publishing Group. This book was released on 1976 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Problematizing Law Rights and Childhood in Israel Palestine written by Hedi Viterbo and published by Cambridge University Press. This book was released on 2021-08-05 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Palestine Palestinians and International Law written by Francis A. Boyle and published by SCB Distributors. This book was released on 2010-08-13 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading US expert applies the norms and standards of international law to the Israeli/Palestinian conflict, addressing Palestinian statehood, the negotiation and failure of the Oslo Accords, the status of Jerusalem, the Al Aqsa Intifada, the right of return, human rights violations, war crimes, crimes against humanity, terrorism (both state and suicide bombings), the current divest-from-Israel campaign and the US war against Iraq. Francis Boyle is regularly interviewed by media all over the world. In recent months, he has been interviewed by the Christian Science Monitor, Time, USA Today, the Washington Post, and Al Jazeera, among others. He is a frequent commentator on NPR, his articles appear regularly in a wide range of online publications, notably the website Counterpunch, and he is often interviewed on radio and television.

Download or read book The Case for Palestine written by Dan Kovalik and published by Simon and Schuster. This book was released on 2024-05-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1948, the State of Israel was founded. While the philosophy of Zionism that advocated for a Jewish homeland in what was then known as Palestine dates back to 1897, the creation of Israel in 1948 was justified by the terrible crime of the Holocaust committed by Nazi Germany during WWII. Many defenders of Israel would like us to believe that the creation of Israel was a peaceful process on a barely populated land, however, this is far from true. Rather, the creation of Israel was accompanied by what is known by the Palestinians as the Nakba(catastrophe)—an operation in which 700,000 Palestinians were violently expelled from their land and their homes. Since that time, Israel has continued to usurp more and more land from the Palestinians who they falsely portray as a people without a history and without a culture. Israel has been particularly cruel to the people of Gaza—70 percent of whom are refugees from the 1948 Nakba. Gaza has been converted by Israel into what some call a giant open-air prison surrounded by barbed wire. It is in this context that we are currently witnessing the tragic violence between Israel and the people of Gaza—violence on a scale not seen in this land since the Nakba of 1948. Indeed, many Palestinians are calling this a second Nakba, with around 1.5 million Palestinians already displaced and thousands killed. All of this is being accomplished by Israel with critical military and diplomatic support from the United States. This second Nakba is also being facilitated by the mainstream press that both downplays and justifies what many believe to be genocidal violence against the Palestinian people. The Case for Palestine is written as a counternarrative, with the hope that, if the truth is told, this violence and displacement can be stopped before it is too late; before Gaza is no more.

Download or read book The Hundred Years War on Palestine written by Rashid Khalidi and published by Metropolitan Books. This book was released on 2020-01-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark history of one hundred years of war waged against the Palestinians from the foremost US historian of the Middle East, told through pivotal events and family history In 1899, Yusuf Diya al-Khalidi, mayor of Jerusalem, alarmed by the Zionist call to create a Jewish national home in Palestine, wrote a letter aimed at Theodore Herzl: the country had an indigenous people who would not easily accept their own displacement. He warned of the perils ahead, ending his note, “in the name of God, let Palestine be left alone.” Thus Rashid Khalidi, al-Khalidi’s great-great-nephew, begins this sweeping history, the first general account of the conflict told from an explicitly Palestinian perspective. Drawing on a wealth of untapped archival materials and the reports of generations of family members—mayors, judges, scholars, diplomats, and journalists—The Hundred Years' War on Palestine upends accepted interpretations of the conflict, which tend, at best, to describe a tragic clash between two peoples with claims to the same territory. Instead, Khalidi traces a hundred years of colonial war on the Palestinians, waged first by the Zionist movement and then Israel, but backed by Britain and the United States, the great powers of the age. He highlights the key episodes in this colonial campaign, from the 1917 Balfour Declaration to the destruction of Palestine in 1948, from Israel’s 1982 invasion of Lebanon to the endless and futile peace process. Original, authoritative, and important, The Hundred Years' War on Palestine is not a chronicle of victimization, nor does it whitewash the mistakes of Palestinian leaders or deny the emergence of national movements on both sides. In reevaluating the forces arrayed against the Palestinians, it offers an illuminating new view of a conflict that continues to this day.

Download or read book The Wall and the Gate written by Michael Sfard and published by Metropolitan Books. This book was released on 2018-01-23 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A farmer from a village in the occupied West Bank, cut off from his olive groves by the construction of Israel’s controversial separation wall, asked Israeli human rights lawyer Michael Sfard to petition the courts to allow a gate to be built in the wall. While the gate would provide immediate relief for the farmer, would it not also confer legitimacy on the wall and on the court that deems it legal? The defense of human rights is often marked by such ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country’s High Court―that is, in the court of the abuser. [This book] chronicles this struggle―a story that has never before been fully told― and in the process engages the core principles of human rights legal ethics. [The author] recounts the unfolding of key cases and issues, ranging from confiscation of land, deportations, the creation of settlements, punitive home demolitions, torture, and targeted killings―all actions considered violations of international law. In the process, he lays bare the reality of the occupation and the lives of the people who must contend with that reality. He also exposes the surreal legal structures that have been erected to put a stamp of lawfulness on an extensive program of dispossession. Finally, he weighs the success of the legal effort, reaching conclusions that are no less paradoxical than the fight itself."--

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.

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 Palestinian Refugees in International Law written by Francesca P. Albanese and published by Oxford University Press. This book was released on 2020-05-21 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Palestinian refugee question, resulting from the events surrounding the birth of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-WWII era. Numbering over six million in the Middle East alone, Palestinian refugees' status varies considerably according to the state or territory 'hosting' them, the UN agency assisting them and political circumstances surrounding the Israeli-Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law is often side-lined in political discussions concerning their fate. This compelling new book, building on the seminal contribution of the first edition (1998), offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes their relevance to the provision of international protection for Palestinian refugees and their quest for durable solutions.

Download or read book International Law and the Israeli Palestinian Conflict written by Susan M. Akram and published by Routledge. This book was released on 2010-12-23 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. 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. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.

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.