A Treatise on Jewish Sovereignty Over the Land of Israel
Author: Howard Grief
Publisher: Mazo Publishers
"The Legal Foundation and Borders of Israel under International Law" offers a comprehensive and systematic legal treatment of Jewish national and political rights to all of the Land of Israel. The author, Howard Grief, is the originator of the thesis that de jure sovereignty over the entire Land of Israel and Palestine was vested in the Jewish People as a result of the San Remo Resolution adopted at the San Remo Peace Conference on April 24, 1920. Yuval Ne'eman, a former Israeli government minister said: "For about 400 years, the Ottoman Empire ruled over all the Balkans, the Middle East and North Africa. The struggle for the liberation of those areas began in the Balkan lands at the beginning of the 19th century and ended in 1913. In the First World War, the job [of liberation] was completed and Turkey was reduced to the Anatolian Peninsula. All of this was contained in the San Remo Agreement of April 1920. The fact that it was precisely at that place and time that Iraq, Syria, Lebanon and the states of the Arabian Peninsula obtained [thanks to the victory of the Principal Allied Powers over the Central Powers] the very same liberation from the Ottoman yoke, strengthens the approach of Grief who presents the proof for the inclusion of Palestine [i.e., the Jewish People] in the list of beneficiaries in regard to the "settlement [or disposition] of the inheritance of the Ottoman Empire." Dr. Ya'akov Meron, former Adviser on the Law of Arab Countries at the Ministry of Justice, Jerusalem, Israel and Professor of Moslem Law in the Faculties of Law of Jerusalem and Tel-Aviv wrote: "The Legal Foundation and Borders of Israel under International Law" is a forceful and erudite pleading for the respecting of the letter and spirit of the law, not only Israeli law but also the international law that came into existence in the wake of World War I. This law, now largely forgotten or neglected, is still relevant today in regard to the status and borders of the Land of Israel. The author makes a thorough analysis of the international documents which recognized the rights of the Jewish People to the land of their ancestors, most significantly the San Remo Resolution on Palestine, agreed to by the victorious Allies at the Peace Conference of April 1920.
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.
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.
Maritime Migration and the Foundations of International Law
Author: Itamar Mann
Publisher: Cambridge University Press
Category: Political Science
This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.
Israel, Palestine, and the Legal Battle for Human Rights
Author: Michael Sfard
Publisher: Metropolitan Books
From renowned human rights lawyer Michael Sfard, an unprecedented exploration of the struggle for human rights in Israel's courts 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. In The Wall and the Gate, Michael Sfard 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. Sfard 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. Writing with emotional force, vivid storytelling, and penetrating analysis, Michael Sfard offers a radically new perspective on a much-covered conflict and a subtle, painful reckoning with the moral ambiguities inherent in the pursuit of justice. The Wall and the Gate is a signal contribution to everyone concerned with the Israeli-Palestinian conflict and human rights everywhere.
Palestine is fast disappearing. Over many decades Israel has developed and refined policies to disperse, imprison and impoverish the Palestinian people in a relentless effort to destroy them as a nation. It has industrialized Palestinian despair through ever more sophisticated systems of curfews, checkpoints, walls, permits and land grabs. It has transformed the West Bank and Gaza into laboratories for testing the infrastructure of confinement, creating a lucrative 'defence' industry by pioneering the technologies needed for crowd control, surveillance, collective punishment and urban warfare. In this insightful and authoritative new book, leading journalist Jonathan Cook examines the many different guises in which these experiments on the Palestinians are being carried out. Accessible and comprehensive, this is a powerful analysis of one of the most enduring and entrenched conflicts in contemporary world politics.
A Tale of Crossings, Friendships, and Fifty Years of Occupation in Israel-Palestine
Author: Raja Shehadeh
Publisher: The New Press
A moving account of one man’s border crossings—both literal and figurative—by the award-winning author of Palestinian Walks, published on the fiftieth anniversary of the Six Day War In what has become a classic of Middle Eastern literature, Raja Shehadeh, in Palestinian Walks, wrote of his treks through the hills surrounding Ramallah over a period of three decades under Israel’s occupation. In Where the Line Is Drawn, Shehadeh explores how occupation has affected him personally, chronicling the various crossings that he undertook into Israel over a period of forty years to visit friends and family, to enjoy the sea, to argue before the Israeli courts, and to negotiate failed peace agreements. Those forty years also saw him develop a close friendship with Henry, a Canadian Jew who immigrated to Israel at around the same time Shehadeh returned to Palestine from studying in London. While offering an unforgettably poignant exploration of Palestinian-Israeli relationships, Where the Line Is Drawn also provides an anatomy of friendship and an exploration of whether, in the bleakest of circumstances, it is possible for bonds to transcend political divisions.
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
In 1991, the Israeli government introduced emergency legislation canceling the general exit permit that allowed Palestinians to enter Israel. The directive, effective for one year, has been reissued annually ever since, turning the Occupied Territories into a closed military zone. Today, Israel's permit regime for Palestinians is one of the world's most extreme and complex apparatuses for population management. Yael Berda worked as a human rights lawyer in Jerusalem and represented more than two hundred Palestinian clients trying to obtain labor permits to enter Israel from the West Bank. With Living Emergency, she brings readers inside the permit regime, offering a first-hand account of how the Israeli secret service, government, and military civil administration control the Palestinian population. Through interviews with Palestinian laborers and their families, conversations with Israeli clerks and officials, and research into the archives and correspondence of governmental organizations, Berda reconstructs the institutional framework of the labyrinthine permit regime, illuminating both its overarching principles and its administrative practices. In an age where terrorism, crime, and immigration are perceived as intertwined security threats, she reveals how the Israeli example informs global homeland security and border control practices, creating a living emergency for targeted populations worldwide.
Drawing on a decade of pioneering reporting, Mya Guarnieri Jaradat brings us an unprecedented and compelling look at the lives of asylum seekers and migrant workers in Israel, who hail mainly from Africa and Asia. From illegal kindergartens to anti-immigrant rallies, from detention centers to workers' living quarters, from family homes to the high court, The Unchosen sheds light on one of the most little-known but increasingly significant aspects of Israeli society. In highlighting Israel's increasingly harsh treatment of these newcomers, The Unchosen presents a fresh angle on the Israel-Palestine conflict, calling into question the state's perennial justification of national security for mistreatment of Palestinians. More fundamentally, this beautifully written book captures the voices and the struggles of some of the most marginalized and silenced people in Israel today.
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.
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
One Land, Two States imagines a new vision for Israel and Palestine in a situation where the peace process has failed to deliver an end of conflict. “If the land cannot be shared by geographical division, and if a one-state solution remains unacceptable,” the book asks, “can the land be shared in some other way?” Leading Palestinian and Israeli experts along with international diplomats and scholars answer this timely question by examining a scenario with two parallel state structures, both covering the whole territory between the Mediterranean and the Jordan River, allowing for shared rather than competing claims of sovereignty. Such a political architecture would radically transform the nature and stakes of the Israel-Palestine conflict, open up for Israelis to remain in the West Bank and maintain their security position, enable Palestinians to settle in all of historic Palestine, and transform Jerusalem into a capital for both of full equality and independence—all without disturbing the demographic balance of each state. Exploring themes of security, resistance, diaspora, globalism, and religion, as well as forms of political and economic power that are not dependent on claims of exclusive territorial sovereignty, this pioneering book offers new ideas for the resolution of conflicts worldwide.
Author: Andrea de Guttry,Francesca Capone,Christophe Paulussen
This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.
The Israeli-Palestinian conflict is one of the most prominent issues in world politics today. Few other issues have dominated the world's headlines and have attracted such attention from policy makers, the academic community, political analysts, and the world's media. The Routledge Handbook on the Israeli- Palestinian Conflict offers a comprehensive and accessible overview of the most contentious and protracted political issue in the Middle East. Bringing together a range of top experts from Israel, Palestine, Europe and North America the Handbook tackles a range of topics including: The historical background to the conflict peace efforts domestic politics critical issues such as displacement, Jerusalem and settler movements the role of outside players such as the Arab states, the US and the EU This Handbook provides the reader with an understanding of the complexity of the issues that need to be addressed in order to resolve the conflict, and a detailed examination of the varied interests of the actors involved. In-depth analysis of the conflict is supplemented by a chronology of the conflict, key documents and a range of maps. The contributors are all leading authorities in their field and have published extensively on the Israeli-Palestinian conflict/peace process. Many have played a leading role in various Track II initiatives accompanying the peace process.
“An original book…about individuals who used ideas to change the world” (The New Yorker)—the fascinating exploration into the creation and history of the Paris Peace Pact, an often overlooked but transformative treaty that laid the foundation for the international system we live under today. In 1928, the leaders of the world assembled in Paris to outlaw war. Within the year, the treaty signed that day, known as the Peace Pact, had been ratified by nearly every state in the world. War, for the first time in history, had become illegal. But within a decade of its signing, each state that had gathered in Paris to renounce war was at war. And in the century that followed, the Peace Pact was dismissed as an act of folly and an unmistakable failure. This book argues that the Peace Pact ushered in a sustained march toward peace that lasts to this day. A “thought-provoking and comprehensively researched book” (The Wall Street Journal), The Internationalists tells the story of the Peace Pact through a fascinating and diverse array of lawyers, politicians, and intellectuals. It reveals the centuries-long struggle of ideas over the role of war in a just world order. It details the brutal world of conflict the Peace Pact helped extinguish, and the subsequent era where tariffs and sanctions take the place of tanks and gunships. The Internationalists is “indispensable” (The Washington Post). Accessible and gripping, this book will change the way we view the history of the twentieth century—and how we must work together to protect the global order the internationalists fought to make possible. “A fascinating and challenging book, which raises gravely important issues for the present…Given the state of the world, The Internationalists has come along at the right moment” (The Financial Times).
A stunningly original look at the forgotten Jewish political roots of contemporary international human rights, told through the moving stories of five key activists The year 2018 marks the seventieth anniversary of two momentous events in twentieth-century history: the birth of the State of Israel and the creation of the Universal Declaration of Human Rights. Both remain tied together in the ongoing debates about the Israeli-Palestinian conflict, global antisemitism, and American foreign policy. Yet the surprising connections between Zionism and the origins of international human rights are completely unknown today. In this riveting account, James Loeffler explores this controversial history through the stories of five remarkable Jewish founders of international human rights, following them from the prewar shtetls of eastern Europe to the postwar United Nations, a journey that includes the Nuremberg and Eichmann trials, the founding of Amnesty International, and the UN resolution of 1975 labeling Zionism as racism. The result is a book that challenges long-held assumptions about the history of human rights and offers a startlingly new perspective on the roots of the Israeli-Palestinian conflict.