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Law

HRW Whitewashes Israel, The Law Supports Hamas: Some Reflections on Israel’s Latest Massacre

[Kenneth Roth, executive director of Human Rights Watch, speaking at the Münich Security Conference in 2012.]

 [The analysis and data in this article refer to the period prior to the Israeli ground invasion.] On 7 July 2014, Israel unleashed Operation Protective Edge against Gaza. When it launched a ground invasion on 18 July 2014, Israel had already killed 230 Gazan Palestinians, of whom 75 percent (171) were civilians and 20 percent (48) children, wounded more than 1,700, and destroyed or rendered uninhabitable hundreds of homes leaving more than 10,000 Gazans without shelter. On the other side, according to daily updates Palestinian projectiles had killed one Israeli civilian, wounded 18, and damaged three Israeli homes. It’s hard to conceive of a more ...

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Repetition and Death in the Colony: On the Israeli Attacks on Gaza

[Image by Ahmed and Mohammed Abu Nasser, aka Arab & Tarzan)

At the moment of writing these lines, the BBC reports one hundred deaths thus far in Gaza in the recent Israeli onslaught. As we have seen these scenes before, the invocation of repetition comes naturally. “Once again” is a commonly used word when it comes to death and suffering under occupation in Palestine and specifically Gaza.1 It can be a rhetorically deployed knee-​jerk reaction (as in: once again Israel is killing Palestinians; or: once again Israel has to defend itself against Palestinian attacks). It can also be deployed by a well-​meaning third party who perceives the rhetorical deployment of “once again” as a propaganda war ...

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Video: Israeli Settlements Explained

[Screenshot from video below.]

In this three-minute episode, which originally aired on AJ+ Labs, host Dena Takruri explains what Israeli settlements are, the violence they cause to Palestinians, and their critical role in fueling conflict.      

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Quick Thoughts: Lisa Hajjar on Guantanamo Bay and High Seas Detention

[The five 9/11 defendants in the Guantánamo military commission, June 2014. Artwork by Janet Hamlin.]

[Jadaliyya Co-Editor Lisa Hajjar recently returned from her fifth visit to the US naval base in Guantánamo Bay, Cuba, where the United States has maintained a military prison facility since 2002. Below she provides her impressions and analysis of the current state of military trials.] Jadaliyya (J): You recently visited Guantánamo to report on the military commission proceedings. What is the state of the cases currently on trial? Lisa Hajjar (LH): In the 9/11 case, there are five defendants, including self-declared “mastermind” of the terrorist attacks, Khalid Sheikh Mohammad (KSM). In the USS Cole case, there is one defendant, Abd al-Rahim al-Nashiri, ...

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Letter to Obama Administration on Egyptian State Violations of Human Rights

[Stop the Anti-Protest Law. Image artwork by Aboud and poster courtesy of MENA Solidarity Network]

In an unprecedented statement, over forty senior academics including more than a dozen former presidents of the most important professional association for scholars of the Arab and larger Muslim world, the Middle East Studies Association (MESA), have signed a letter to US President Obama and Secretary State John Kerry calling for the Administration to demand the immediate release of blogger Alaa Abd El Fattah and other political detainees in Egypt, for Egyptian officials to suspend the protest law of 2013 and end the repression of free speech rights guaranteed by the Egyptian Constitution and international law, and end the regime of violence, including torture and extra ...

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Tunisia: The Collective Making of a Constitution

Tunisia’s National Constituent Assembly (NCA) session held on 26 January 2014 did not put an end to disagreements among its members. However, it did represent the culmination of the work done by members. These members were elected by people on 23 October 2011 to draft the provisions of the Constitution of the Tunisian Republic. The draft was ratified during the January session. The ratification of the constitution has thus pushed quarrels and political conflicts among assembly members from center stage to the margins. Before the NCA had begun its work, politicians promised to complete the drafting process in one year. However, drafting the 149 articles of the ...

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نقاش - لهذه الأسباب أصبحت المدينة متوحشة وبهذه الشروط نوقف التوحش

[

مسؤولون إما بإصدارهم القوانين والأنظمة غير الملائمة، وإما بمقاومتهم أي تعديل لما هو غير مناسب ومسيء للمدينة، وإما بصمّ آذانهم عن سماع صوت العارفين والاختصاصيين، وإما بالقيام بالأعمال "المتوحشة" في حق المدينة أو تشجيعها، وإما بالسكوت وإغماض العيون عما يجري، بمن فيهم أولئك الأنبياء الكذبة الذين يحاضرون عن الأخلاق في الصالونات ويقدمون أنفسهم رسلاً للمحافظة على البيئة والتراث وجمال المدينة، لكنهم يتحولون إلى وحوش ضارية، وينسون المبادئ التي يبشرون بها عندما يتعلق الأمر بمصلحتهم المادية. بل إن بعضهم حوّل نفسه من صديق لي إلى عدوّ لدود ولا يزال، بل انتقم مني شخصياً عندما سنحت له الفرصة ولو بعد سنوات طويلة من انتقالي من المديرية العامة للتنظيم المدني لأني لم أوافق في ...

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In Algiers, the Twenties Are No Longer the Best Years

[Image calling for the release of Mohand Kadi and Moez Bennecir. Image courtesy of Mondafrique.]

Two young activists, one is Algerian and the other is Tunisian. They look like two drops of water: thin, close fitting sweaters, Zara can be read on one of them, it is not a war cry, just a brand name, short and wise hair, clean shaven. The first, Mohand Kadi, is a student and activist with the Raj Association (The Assembly of Youth Action). He is only twenty-three years old. The other, Moez Bennecir, is an editing assistant and is twenty-five years old. This is the age during which the judicial apparatus decided to let them languish in the terrible Serkaji prison in Algiers since 16 April, the date of their arrest. Side-by-side they arrived without a sound, behind an ...

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Press Release: NLG Fact-Finding Delegation Calls for End of U.S.-Backed Administrative Detention of Palestinians by Israel

[The following press release was issused by the National Lawyers Guild on 29 May, 2014.] FOR IMMEDIATE RELEASE NLG Fact-Finding Delegation Calls for End of U.S.-Backed Administrative Detention of Palestinians by Israel NEW YORK -- Approximately 200 Palestinians from the West Bank have been held for months or years by Israeli occupation forces without access to a just legal system, members of the National Lawyers Guild (NLG) learned in a fact-finding delegation from May 18-24, 2014. A formal report is forthcoming, but several observations merit preliminary mention. About 135 incarcerated Palestinians have begun a hunger strike—and more are joining daily—demanding an ...

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Religion, Race, and Repression in Mauritania: The Ould Mkhaitir Apostasy Affair

[President Abdel Aziz addresses the public in January 2014 about the “blasphemy” of Ould Mkhaitir. Image by CRIDEM.]

On 2 January 2014, Mohamed Ould Cheikh Mohamed Ould Mkhaitir, a young Mauritanian engineer from the northern industrial city of Nouadhibou, published a denunciation of caste-based racism, which he framed as a call for religious reform. He dared to challenge the discrimination against Moulamines, the lowest of the low in Mauritanian society, and did so by provocatively criticizing some of the Prophet Mohammed’s acts. The government perceived his demand that Mauritanians cleanse their religion of racism as a fundamental attack on mainstream Mauritanian identity. He was promptly arrested and charged with apostasy, which is a capital offense. In this country, racism runs ...

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Lebanese Judges and Journalists: Breaking the Stereotypes

[Image via Legal Agenda.]

On 24 February 2014, a Lebanese court ruled in favor of Judge Randa Yaqzan in her case against al-Akhbar newspaper and journalist Mohamed Nazzal. Following the ruling, the convicted media outlet (al-Akhbar) criticized the court, going as far as questioning the legitimacy of the court’s right to examine other cases pending before it. [1] By doing so, al-Akhbar seemed to switch roles with the court: turning the newspaper’s trial by the court into a “trial” of the latter.  The newspaper’s “revolt” followed a string of media stances critical of judicial action, most prominently the indictment issued in the case of domestic violence against the victim, Roula ...

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Egypt - One Court, One Month: 1212 Death Sentences

[Logo of the Alkarama Foundation. Image from alkarama.org]

[The following briefing was published by the Alkarama Foundation on 29 April 2014] Within a month, the Al Minya Criminal Court handed down in two separate verdicts 1212 death sentences following blatantly unfair and speedy trials in relation to the demonstrations that happened on 14 August 2013. In the first case, 37 Muslim Brotherhood supporters had their death sentence, issued on 24 March 2014, upheld, while the 491 remaining accused had their sentence commuted into life imprisonment. In the second case, 683 alleged supporters of ousted President Mohamed Morsi, including the Muslim Brotherhood's leader Mohammed Badie, were also sentenced to death on 28 April 2014. ...

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Did Israel Spark Violence to Prevent "Peace Offensive"?: Democracy Now! Interview with Mouin Rabbani and Norman Finkelstein

It is widely thought that the flare-up in Israel and the Occupied Territories began with the kidnapping of three Israeli teens in the West Bank just more than a month ago. But our guests — author Norman Finkelstein and Palestinian political analyst Mouin Rabbani — argue that such a narrative ignores the broader context of decades of occupation and recent events highlighting the expansionist goals of the Israeli government in the Palestinian land under its control. "Whenever the Palestinians seem ...

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O.I.L. Media Roundup (10 July)

[This is a roundup of news articles and other materials circulating on Occupation, Intervention and Law and reflects a wide variety of opinions. It does not reflect the views of the O.I.L. Page Editors or of Jadaliyya. You may send your own recommendations for inclusion in each biweekly roundup to OIL@jadaliyya.com by Monday night of every other week.]  Israel Palestine For Palestinians, This Week's Deaths Highlight the Asymmetry of Power, Ahmad Samih Khalidi The latest conflicts between ...

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Jadaliyya Co-Editor Noura Erakat Responds to Israeli General Consul Regarding Operation Brother’s Keeper On Al Jazeera America

On June 12, 2014, three Israeli settler boys were kidnapped on a hike near the Gush Etzion settlement bloc. Although a police recording indicated that one of the boys had been immediately killed, Israel set off a national search for the boys, entitled “Operation Brother’s Keeper,” in which it killed six Palestinians, arrested 545 others, and violently invaded 1,300 Palestinian sites. On 30 June 2014, the bodies of the three boys were found in Halhul, just north of Hebron. ...

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Migrant Workers and Labor Unions in the Gulf: An Interview with Karim Radhi

[In this Migrant Rights interview, trade union activist Karim Radhi focuses on the cultural attitudes toward migrant laborers in the Gulf, which he sees as the primary obstacle to their integration into any workers’ movement there. The interview first appeared in Arabic and was later translated by Saqer Almarri.] In this interview, the poet and trade union activist Karim Radhi, of the Secretariat of the General Federation of Bahrain Trade Unions, speaks on the situation of migrant workers in Bahrain ...

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The End of Rent Control in Lebanon: Another Boost to the “Growth Machine?”

It is an open secret that, given the political instability of the past three years, the Lebanese real-estate sector has suffered a sharp decrease in demand for upmarket property. In spite of this, giant construction cranes, and glass-and-steel towers continue to dominate the Beirut skyline—something that is unlikely to change anytime soon. In this context of decreased demand and continued supply, the Lebanese Parliament opened a Pandora’s Box on the first of April 2014, when it voted for a new law ...

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O.I.L. Monthly Edition (May 2014)

[This is a monthly archive of pieces written by Jadaliyya contributors and editors on the Occupations, Interventions, and Law (O.I.L.) Page. It also includes material published on other platforms that editors deemed pertinent to post as they provide diverse depictions of O.I.L.-related topics. The pieces reflect the level of critical analysis and diversity that Jadaliyya strives for, but the views are solely the ones of their authors. If you are interested in contributing to Jadaliyya, send us your post ...

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Egyptian Investment Law Axing Proxy Litigation Harmful to Citizen Rights

Days before its resignation on 24 February 2014, the Beblawi cabinet announced its intention to amend Egypt's investment law. The change would limit the right to challenge sales contracts of public sector companies concluded between the government and investors, by limiting that right [of challenging these contracts in court] to the two parties to the contract.[1] By the time the government resigned, the proposed amendment was not submitted to the State Council’s legislative department for its review.[2] ...

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Press Release: Bahrain: A System of Injustice

[The following press release was issued by Human Rights Watch on 28 May 2014.] (London) – Bahrain’s criminal justice system fails to deliver basic accountability and impartial justice, Human Rights Watch said in a report released today. The 64-page report, “Criminalizing Dissent, Entrenching Impunity: Persistent Failures of the Bahraini Justice System Since the BICI Report,” found that more than two years after King Hamad bin Isa Al Khalifa accepted recommendations of the Bahrain Independent Commission ...

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Press Release: New date of 21 October Set for Trial of Rasmea Odeh

[The following press release was issued 28 May 2014 by the Defense Committee for Palestinian American organizer Rasmea Odeh.] For Immediate Release Palestinian American organizer from Chicago, Rasmea Yousef Odeh, appeared in U.S. District Court in Detroit, Michigan, on Wednesday, 28 May 2014, with a new attorney, Michael Deutsch of the People’s Law Office in Chicago.  Deutsch filed an official appearance as Odeh’s representative, and was granted a continuance on her trial until 21 October ...

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The Empty Promise of State-Sponsored Feminism in the Arabian Peninsula

States in the Arabian Peninsula have maintained, and in some cases strengthened, their authoritarian structures in the shadow of the recent Arab uprisings. In spite of this, the US government and many of its allies continue to herald a liberalizing shift in places such as Saudi Arabia or Kuwait largely on the basis of potential reforms meant to further women’s rights. Indeed, some of these states have taken actions to heighten their domestic and international legitimacy through increased political ...

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نقاش نقدي لتطبيقات النموذج الجنوب إفريقي على فلسطين

أود في هذه المقالة التعرض بالنقاش النقدي لاستخدامات النموذج الجنوب إفريقي لتفسير القضية الفلسطينية وتخيّل الحلول التطبيقية المناسبة لها. تنطلق معظم التطبيقات الفلسطينية من رفض حلّ الدولتين للنزاع الفلسطيني الإسرائيلي. والحجج الرئيسة متنوعة. ابرزها أن اختبار المفاوضات الفلسطينية الإسرائيلية يفضي إلى نتيجة فاقعة بأن لا رغبة لدى السلطات الإسرائيلية بالانسحاب من الضفة الغربية والقبول بقيام دولة فلسطينية إلى جوار دولة إسرائيل. وعلى افتراض  القبول، فإن إسرائيل تحتل المساحة الاكبر من فلسطين التاريخية، ...

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'My Sleep is My Break': Exploitation of Migrant Domestic Workers in Qatar

[The following report was published by Amnesty International on  22 April 2014] "My Sleep is My Break": Exploitation of Migrant Domestic Workers in Qatar Introduction and Overview "No day-off and no mobile if you don't want to give. It is as you like madam, the same with  working hours, it is as you like, no problem about hours."  -- A representative of a popular Doha recruitment agency, answering questions about how domestic workers should be treated by their ...

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