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Law

O.I.L. Media Roundup (28 March)

[Carthage room, Bardo National Museum in Tunis, Tunisia. Image by Alexandre Moreau.]

[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.] Palestine-Israel Short Doc Looks for the Palestinians in Israeli Elections, +972 +972  features a documentary from filmmakers Tamar Glezerman and Arianna LaPenne on the role of Operation Protective Edge in Israeli elections. Backtracking on Palestinian Statehood?, Josh Ruebner Ruebner writes for The Hill ...

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What is the Role of Academia in Political Change?: The Case of BDS and Israeli Violations of International Law - from STATUS/الوضع Panels

In addition to a collection of rich individual interviews and special segments, Status also publishes panels and lectures with every issue of the audio journal. For Issue 2.1, we highlight the debate on academic freedom at the December 2014 meeting of the American Anthropological Association, and provide an exclusive audio recording of the panel.  Leading up to the 2014 American Anthropological Association Meeting, over 1,000 anthropologists signed a boycott pledge to protest Israel’s systematic and widespread violations of Palestinian academic freedom and human rights. Many spoke and wrote publicly about why they now feel boycott is the best way to ...

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Reading Mohamedou Ould Slahi’s Guantanamo Diary

[The entrance to Camp 1 in Guantanamo Bay's Camp Delta. Photo by Kathleen T. Rhem.]

“You are holding me because your country is strong enough to be unjust.” Guantánamo Diary, written by Mohamedou Ould Slahi,[i] depicts the continuing incarceration of this Mauritanian national in the military detention facility in Guantánamo Bay, Cuba. The book tracks Ould Slahi’s multiple interrogations on three continents, his secret rendition to Jordan and then removal to Afghanistan, torture, degradation and isolation in Guantánamo, and his ongoing struggle to have his day in court. This is not a feel-good book, although it is, perhaps paradoxically, optimistic. It is also a triumphant book: There is a triumph in the fact that Ould Slahi’s ...

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Harvard Law Women’s Day Exhibition Selects Jadaliyya Co-Editor Noura Erakat Among Its 2015 Honorees

In honor of International Women’s Day, the Harvard Law and International Development Society and the Harvard Women’s Law Association are hosting the 2nd Annual Harvard Law School International Women’s Day Portrait Exhibit. The exhibit features inspiring women working in the fields of law and policy and will line the first and second floors of Wasserstein Hall from 1-14 March 2015. The Harvard Law and International Development Society together with the Harvard Women’s Law Association selected Jadaliyya Co-Editor Noura Erakat among its fifty honorees for 2015. Other recipients include Linda Sarsour and Nadera Shalhoub-Kevorkian. To view the online exhibit and read ...

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In Memory of Ozgecan Aslan: Sexual Violence and the Juridical System in Turkey

[Ozgecan Aslan. Image via Flickr.]

This piece is written as a farewell to Ozgecan Aslan, a twenty-year-old university student, who was stabbed to death after she was raped. Her remains were found on 13 February, burnt and thrown into a river by three men. I slept with a heavy heart that night and woke up even grimmer and more outraged. Another terrible piece of news from Turkey, my home country, where nearly every day men brutally kill, sexually harass, and rape women. Where everyday acts of walking on the street, taking a bus, visiting a neighbor, wearing a pair of jeans, or holding the hand of your lover might easily be a “reason” for being raped, harassed, and murdered if you are a woman, transgender, ...

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Could Cantonizing Palestine Bring Peace?

[A boy displays a sign that reads “This is our land!” during a vigil to mark Land Day in the unrecognized Bedouin village of Wadi al-Naam in present-day Israel, 30 March 2012. Bedouins in the southern Naqab region have resisted decades of ongoing, forced displacement by Israeli authorities. Image by Keren Manor via ActiveStills]

An interesting plan for dividing Israel into provinces was published a few months ago by Haaretz. It suggested a remedy for the fragmentation of Israeli society and its failure to create a melting pot for Jews immigrating to Palestine. In this article I provide a critique of the pros and cons of this plan and offer an alternative. The scheme, laid out by Carlo Strenger and Judd Yadid in a 7 October 2014 article entitled “How Cantonization can save Israel,” admits that Israel’s leaders failed “to impose a monolithic ideological and cultural hegemony on the country’s population.” The Ultra-Orthodox Jews, for example, were not “converted into card-carrying Zionists.” ...

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Justice: An Uncertain Question in Turkey

[Protesters hold a banner with images of those killed in the Gezi Protests, reading

On 3 June 2013, Ali Ismail Korkmaz, a nineteen-year old university student in Eskisehir, was participating in nonviolent peaceful protests against the Turkish government when he was brutally clubbed and beaten by a group of police officers and civilians. The protestors were demanding the retraction of an urban development plan for Gezi Park in Istanbul that required the demolition of the only green area in the heart of the city. The wave of protests quickly spread to all of Turkey. On the day he was attacked, Ali Ismail Korkmaz was ironically wearing a t-shirt that read “world peace,” representing the humane spirit of the Gezi Protests. Shortly after the brutal attack, ...

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O.I.L. Media Roundup (29 January)

[The entrance to Camp 1 in Guantanamo Bay's Camp Delta. Image by Kathleen T. Rehm.]

[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.] Law From Inside Prison, a Terrorism Suspect Shares His Diary, Scott Shane The New York Times covers a recently published diary of Mohamedou Ould Slahi, a detainee at Guantanamo, detailing the brutal daily life inside the detention center. Who Is Wesam El-Hanafi? New York Man Sentenced o Fifteen Years in Prison ...

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O.I.L. Media Roundup (17 January)

[U.S. Secretary of State John Kerry and his team sit with Palestinian Authority President Mahmoud Abbas before a meeting in Paris, France, on February 19, 2014. Image by US Department of State.]

 [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.]   Charlie Hebdo Israel Moves Quickly to Exploit Paris Attacks, Ali Abunimah Abunimah speculates about potential political motives behind Israeli PM Benjamin Netanyahu's presence at a rally in Paris for the victims of the Charlie Hebdo attacks. French Police Storm Hostage Sites, Killing Gunmen, ...

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Israel’s “Jewish State” Bill: Does it Really Change Anything?

[The Knesset building, Jerusalem, Israel, on Independence Day. Taken from the south, from The Israel Museum. Image by Beny Shlevich.]

The debate taking place in Israel on the bill for a Basic Law titled Basic Law: Israel the Nation State of the Jewish People has seen ebbs and flows since the idea was first floated in 2011. The bill, which aims to emphasize Israel’s Jewish character, is revived periodically and different Members of Knesset proposed different possible versions for it. If approved by the Knesset it would become part of Israel’s partial constitution- a number of Basic Laws that the Supreme Court has declared to have constitutional status even though they were enacted by the Knesset in the same manner as all other legislation. Several prominent figures expressed their skepticism of the ...

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مذكرة الى الهيئة الليبية الوطنية التأسيسية لصياغة الدستور عن المساواة في حقوق المواطنة للمرأة الليبية في الدستور

[صدر المذكرة التالية من قبل مجموعة من المواطنين الليبيين المعنيين لالهيئة الليبية الوطنية التأسيسية لصياغة الدستور في 20 آب 2014 فيما يتعلق بحق المرأة الليبية على نقل الجنسية لأبنائها.]  14 أغسطس 2014 إلى: الهيئة الليبية الوطنية التأسيسية لصياغة الدستور الموضوع: المساواة في حقوق المواطنة للمرأة الليبية في الدستور السادة أعضاء الهيئة بعد التحية نود تهنئتكم على انتخابكم للهيئة التأسيسية لصياغة مشروع الدستور في ليبيا وإلى الأمل والثقة التي ألهمت العديد من الموطنين في ليبيا إلى غاية الآن. تحت قيادتكم تنتظر كافة الأمة الليبية بقلق ما يعتقد أن يكون نقطة تحول في ضمان الحقوق والحريات المدنية للشعب الليبي ودعم ليبيا في تحقيق أساس الاستقرار الذي سيساهم في إعادة ...

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New Texts Out Now: Nimer Sultany, Religion and Constitutionalism: Lessons from American and Islamic Constitutionalism

[Image from cover of

Nimer Sultany, “Religion and Constitutionalism: Lessons from American and Islamic Constitutionalism.” Emory International Law Review Volume 28, Issue 1 (2014). Jadaliyya: What made you write this article? Nimer Sultany (NS): The article is part of a larger project that originates in my dissatisfaction with both the English-speaking scholarship on shari’a and constitutionalism in Muslim-majority states, as well as the post-Arab Spring debates on constitution-making, specifically in Egypt. As a secular Arab person, I found little space for a discussion that eschews the binary polarizations that dominate these discussions. Existing scholarship vacillates between those who ...

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Symposium: The Fourth Amendment in the Digital Age (Washington DC, 3 April)

Friday, April 3 | 8:30 am - 4:00 pm | Reception to Follow American University Washington College of Law 4801 Massachusetts Avenue NW, Washington, DC 20016 | Room 603 Scholars, policy experts, and practitioners will convene to have an open discussion about how digital searches, government surveillance programs and new technologies are impacting Fourth Amendment protections in criminal cases. The event will also be recorded and live streamed. Please rsvp if you plan to attend or watch ...

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Turkey Media Roundup (March 24)

[This is a roundup of news articles and other materials circulating on Turkey and reflects a wide variety of opinions. It does not reflect the views of the Turkey Page Editors or of Jadaliyya. You may send your own recommendations for inclusion in each week's roundup to turkey@jadaliyya.com by Sunday night of every week.] English Domestic Politics Is Gladio Still Alive in Turkey? Commenting on the recent debates on the “Cosmic rooms” of the Turkish Armed Forces, where top documents related to the ...

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O.I.L. Media Roundup (14 March)

 [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.] Islamic State The Islamic State's Atrociies--and Our Own, John Feffer Writing for The Nation, Feffer argues that the "public ...

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O.I.L. Media Roundup (21 February)

[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.] Chapel Hill Shootings The Race Hate We All Know, Nima Azmi Azmi, former president of the Harvard Muslim Law Students Association, writes for ...

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New Texts Out Now: Smadar Lavie, Wrapped in the Flag of Israel: Mizrahi Single Mothers and Bureaucratic Torture

Smadar Lavie, Wrapped in the Flag of Israel: Mizrahi Single Mothers and Bureaucratic Torture. New York and Oxford: Berghahn Books, 2014. Jadaliyya (J): What made you write this book? Smadar Lavie (SL): In February 1999 I was a star academic, on the eve of becoming a full tenured professor at University of California, Davis. I had to pack two suitcases, the family dog, and my son’s cello, and flee with him from Berkeley to save our lives. We were both victims of domestic violence that I kept secret from ...

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ISIS Kills Gays: A History of Violence

Hands shove them forward, bound and blindfolded. Then comes the step when the stone beneath them stops and nothing is there. The photographs appall but they have the solidity of things you can see; they suggest but cannot summon the feel of one terrifying lurch in darkness when all that is solid falls away. Death is what happens when you are there, alone, and the world disappears. ISIS stands for the Islamic State of Iraq and Syria, which now styles itself just the Islamic State. Many ...

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O.I.L. Monthly Edition (January 2015)

[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 Jadaliyyastrives 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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Call for Submissions: Palestine Yearbook of International Law

Call for Submissions Deadline for Abstracts: 15 February 2015 The Palestine Yearbook of International Law is now inviting submissions of scholarly articles for publication for its next volume, XVIII (2015). Unlike recent years, this upcoming volume will not be based on a specific theme. Therefore, the editors encourage the submission of scholarly pieces of relevance to public international law and Palestine. The Yearbook is edited at Birzeit University’s Institute of Law (Birzeit, Palestine), and ...

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Who Is Afraid of the International Criminal Court?

Can the International Criminal Court (ICC) deliver the justice Palestinians have struggled to realize for well over a century? The pursuit of accountability at the ICC is one venue of this struggle. But any sustainable vision of Palestinian liberation must account for the confines of the courtroom in particular international law more broadly. As should be clear to all observers of international law, the odds are stacked against Palestinians in that courtroom. The challenge ahead is to innovate not simply ...

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حول تفكك الدولة اللبنانية. محادثة لـ" الوضع" بين رانية المصري وشربل نحاس

يناقش شربل نحاس في هذه المقابلة المؤلفة من أربعة أجزاء:  ١- غياب الحكم في لبنان: من الاستقلال حتى اليوم   ٢- مفهوم الدولة المعطلة ومعانيها الضمنية    ٣- لبنان اليوم: الانتخابات، الموازنة الوطنية، الإعلام وصناعة القرار    ٤- استجابة المواطن ولجنة تنسيق النقابة في لبنان    السيرة الذاتية  تخرّج شربل نحاس من كلية الفنون التطبيقية والكلية الوطنية للجسور والطرق بشهادة في الهندسة، وحصل على الدكتوراه في الأنثربولوجيا الاجتماعية، ...

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Even Morocco’s Friends Know Its Judicial System Is Corrupt and Lacking in Due Process

On 13 August 2014, a US federal court declined to enforce a 123 million dollar judgment issued by a Moroccan court in 2009 against Texas native John Paul DeJoria. In Dejoria v. Maghreb Petroleum Exploration S.A. (W.D. Tex. 13 August 2014), the court laid out various reasons for refusing to recognize the verdict, focusing on the absence of an independent judiciary and the unlimited influence of the Moroccan royal family, especially King Mohammad VI, on the country’s judicial system. In opining ...

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The Quest for a Way Out of Tunisia’s Constitutional Quagmire

Successfully passing the tests of democracy while the whole region seems to be doomed to a chronic state of turmoil, Tunisia is considered to have set a good example for the “Arab Spring” countries and is expected to prove that a happy ending is actually possible. In fact, Tunisia has come a long way from the shadows of the police state to the perspective of a sustainable democracy. And it is Tunisian political life that has witnessed the biggest shift from a vegetative state to an interesting and ...

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