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Islamists and Transitional Justice
![[Crop of image of graffiti in Cairo urging the prosecution of Mubarak. Image by Gigi Ibrahim.]](/content_images/3/sm_ScreenShot2013-05-24at7.38.39AM.png "[Crop of image of graffiti in Cairo urging the prosecution of Mubarak. Image by Gigi Ibrahim.]")
Suddenly, and in the same week, three of the largest Islamist movements started talking about transitional justice, demanding its implementation at once. Spokesman for the Salfist front, Hisham Kamal, asserted, "Mubarak should have been tried for all his crimes from the start, not only for killing protestors." Political consultant to al-Bina’ wa-al-Tanmiya (Building and Development) Party, the political army of al-Gama‘a al-Islamiyya, and member of the National Council for Human Rights (NCHR) Ossama Roshdy, said that the NCHR has set out to form a specialized committee for transitional justice. And member of the parliamentary bloc of the Freedom and ...
Keep Reading »الليبرالية الفلسطينية أمام القضاء الإسرائيلي
![[المحكمة الإسرائيلية العليا. الصورة كم كوقع إوسترالينز فور باليستاين]](/content_images/3/sm_supremecourt.jpg "[المحكمة الإسرائيلية العليا. الصورة كم كوقع إوسترالينز فور باليستاين]")
لا لتلك "النكبة: الليبرالية الفلسطينية أمام القضاء الإسرائيلي. يعود معنى المساواة لغوياً إلى حتمية وجود طرفين مختلفين تتم المساواة بينهما، بمعنى جعلهما متعادلين. انطلاقاً من هذا المنطق تعمل إسرائيل منذ عقدين على الأقل على الدفع باتجاه التعادل في العلاقة بينها وبين "الآخر" الفلسطيني، وذلك عبر توسيع رقعة النقاش الدائر بين الفلسطيني والإسرائيلي الصهيوني حول كنه العلاقة التي تجمعهما. في هذا التعامل في القضايا التي تحدد هوية العلاقة، محاولة لتحديد معالم المعادلة كنقاش بين طرفي نزاع (“سخسوخ” بالعبرية)، يتحاوران في جملة من القضايا التي تشغلهما. عليه، فلا يمّل الإسرائيليون من جرنا من آذاننا للإنصات إليهم ومحاورتهم بانفتاح. في هذه المعادلة يطمح الإسرائيلي إلى ...
Keep Reading »The Least of All Possible Evils: Humanitarian Violence from Arendt to Gaza
Eyal Weizman, The Least of All Possible Evils: Humanitarian Violence from Arendt to Gaza. New York: Verso, 2011. [This review was originally published in the most recent issue of Arab Studies Journal. For more information on the issue, or to subscribe to ASJ, click here.] In that historical moment after the September 11 terrorist attacks, American politicians and pundits launched a debate about whether torture should be employed to combat terror. Those who endorsed the use of torture, and even some conflicted torture opponents, affirmed the consensus view that torture is unequivocally bad. But, they opined, if torture was necessary to elicit vital information to ...
Keep Reading »Expanding the Legal Paradigm for Palestine: An International Law Conference at Birzeit University
![[A view of the separation wall in the West Bank, Palestine. Image by Wall in Palestine (Flickr)]](/content_images/3/sm_4326628016_fb3ed36a42.jpg "[A view of the separation wall in the West Bank, Palestine. Image by Wall in Palestine (Flickr)]")
The settlement project in the West Bank is not just a collection of rickety caravans installed on Palestinian farmland that can be dismantled upon the signing of a peace agreement. Costing seventeen billion USD and populated by more than half a million Israelis, this enterprise has become a huge colonialist and real estate enterprise. It sprawls across twelve million square meters of roads, homes, and factories on some of the most important Palestinian geographic and agricultural land. This construction includes 32,000 apartments, 23,000 private homes, and an additional 868 public facilities to satiate the Israeli settlers’ social and economic needs. A simple look ...
Keep Reading »Ubiquitous Liberalism: Amr Shalakany on Law and Revolution in Egypt
The legal historian Amr Shalakany gave a talk at Brown University’s Watson Institute for International Studies a few days ago about his new book, Izdihār wa-Inhiyār al-Nukhba al-Qānūniyya al-Miṣriyya, 1805-2005 (“The Rise and Fall of the Egyptian Legal Elite, 1805-2005″). Shalakany is the Aga Khan Distinguished Visiting Professor of Islamic Humanities at Brown this term, visiting from the American University of Cairo. As this review in al-Ahram lays out, Dr. Shalakany’s book tells the story of Egypt’s legal elite from its heyday during the 19th and early twentieth centuries, when “this class of politicians, intellectuals, ...
Keep Reading »Eye on the Libyan General National Congress: Sixth Report
![[Eye on the GNC logo. Image from ignc.net.ly]](/content_images/3/sm_IGNClogoweb.jpg "[Eye on the GNC logo. Image from ignc.net.ly]")
[The following report was issued by Bokra Youth Organization and H2O Team on 22 April 2013. This is the sixth in a year-long series of reports covering the actions of Libya's General National Council. This issue focuses on the period from 1 March to 15 March 2013. Click here to access the previous report.] Eye on the Libyan General National Congress: Sixth Report Introduction The General National Congress held two sessions in this period and primarily discussed the political isolation law and the finance committee’s report on the state budget. The discussion of the political isolation law was induced by pressure from some individuals ...
Keep Reading »Irish Lawyers for Human Rights Call for Expulsion of Bahrain Attorney General from International Association of Prosecutors
![[Protesters in Manama in 2011. Image by Mahmood Al-Yousif via Flickr]](/content_images/3/sm_Image-Protest_Bahrain_Feb2011-MahmoodAl-Yousif-Flickr.jpg "[Protesters in Manama in 2011. Image by Mahmood Al-Yousif via Flickr]")
[The following report was issued by CEARTAS (Irish Lawyers for Human Rights) on 15 April 2013.] Report on Bahrain's Attorney General Dr. Ali bin Fadhel Al-Buainain and his position in the International Association of Prosecutors Executive Summary This report, using evidence widely available, examines the role of Dr. Ali bin Fadhel AlBuainain, Attorney General of Bahrain, and his suitability as an Executive Committee member of the International Association of Prosecutors. In 2012 Ceartas became concerned that the Attorney General was acting in such a way that puts his position as head of the Bahraini office of Public Prosecution at odds ...
Keep Reading »Open Letter to Bahraini Parliament Regarding Potential Reform to Law of Associations
![[Observatory for the Protection of Human Rights Defenders logo. Image via Google Images]](/content_images/3/sm_obslogoclearweb.jpg "[Observatory for the Protection of Human Rights Defenders logo. Image via Google Images]")
[The following letter was issued by the Observatory for the Protection of Human Rights Defenders on 8 April 2013.] Excellencies, Dear members of Parliament, The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), expresses its deepest concerns regarding the Draft Law on Civil Associations and Organisations currently before Parliament, which, if adopted, would further extend the capacity of the Government to interfere with the activities of non-governmental organisations (NGOs), including human rights NGOs, and thus further undermine ...
Keep Reading »Look at Us With a Merciful Eye: Juvenile Offenders Awaiting Execution in Yemen
![[Human Rights Watch logo]](/content_images/3/sm_HRWlogoTRUEweb.jpg "[Human Rights Watch logo]")
[The following report was issued by Human Rights Watch on 4 March 2013.] Look at Us With a Merciful Eye: Juvenile Offenders Awaiting Execution in Yemen Summary I want the world to know that here they are executing [juvenile offenders]. No one cares or checks these juvenile cases.… If you don’t have anybody [to help you,] they just execute you, whether you are young or not. — Qaid Youssef Omar Al-Khadamy, on death row in Sanaa Central Prison for a murder he committed when he says he was fifteen years old, 27 March 2012 On the afternoon of 3 December 2012, Hind Ali Abdu al-Barti was taken from her cell in Sanaa Central ...
Keep Reading »Trial Observation Report: The United Arab Emirates 94
![[Gulf Center for Human Rights logo]](/content_images/3/sm_Image-Gulf_Center_for_Human_Rights-Official.jpg "[Gulf Center for Human Rights logo]")
[The following report was issued by the Gulf Center for Human Rights on 25 March 2013.] Trial Observation Report: "The United Arab Emirates 94" Executive Summary The first two hearings in the trial of ninety-four intellectuals, activists, and human rights defenders, took place before the Special Security Court within the Federal Supreme Court in Abu Dhabi, United Arab Emirates (UAE) on 4 and 11 March 2013. A coalition of four human rights organisations - the Gulf Centre for Human Rights (GCHR), the International Federation for Human Rights (FIDH), the Arab Network for Human Rights Information (ANHRI), and the Cairo Institute for Human ...
Keep Reading »Eye on the Libyan General National Congress: Fourth Report
[The following report was issued by Bokra Youth Organization and H2O Team on 9 March 2013. This is the fourth in a year-long series of reports covering the actions of Libya's General National Council. This issue focuses on the period from 1 February to 15 February 2013. Click here to access the previous report.] Eye on the General National Congress: Fourth Report Introduction The General National Conference (GNC) held five sessions during this period, the final one being 13 February 2013. These sessions were not broadcast on television due to strikes in the meeting hall by handicapped revolutionaries demanding reparations and healthcare benefits ...
Keep Reading »The Tunisian Constituent Assembly's By-laws: A Brief Analysis
![[Tunisian Chamber of Deputies, meeting place of the NCA. Image by Coyau via Wikimedia Commons]](/content_images/3/sm_tunisia031613web.jpg "[Tunisian Chamber of Deputies, meeting place of the NCA. Image by Coyau via Wikimedia Commons]")
[The following report was issued by the Institute for Democracy and Electoral Assistance on 26 February 2013.] The Tunisian Constituent Assembly's By-laws: A Brief Analysis Executive Summary In response to the Jasmine Revolution, Tunisia is in the process of developing a new constitution. The institution charged with drafting this new constitution is the National Constituent Assembly (NCA). The functioning and processes of the NCA will directly affect the shape of the new constitution and, as a result, its response to the revolutionary demands and the democratic functioning of the state. This study describes and ...
Keep Reading »Jadaliyya's Occupation, Intervention, and Law Page Resonates
Since launching in July 2010, the Occupation, Intervention, and Law (O.I.L) page has made rich contributions to the field of studies examining the Middle East, armed conflict, law, and human rights. O.I.L has sought to explore the relationship between, and the debates within, the fields of armed conflict, politics, and international law. These debates include developments in international law; the implications of intervention; the legitimacy, or lack thereof, of resistance; the political economy of ...
Keep Reading »The Arab Studies Journal's Twentieth Anniversary Issue
[Jadaliyya will be posting excerpts from the Arab Studies Journal's Twentieth Anniversary issue. What follows is the Editor's Note and Table of Contents from that issue.] Editor’s Note We can scarcely believe that two decades have passed since the publication of the first issue of the Arab Studies Journal. We are proud and humbled to have published groundbreaking work by scholars at the onset of their careers as well as at the pinnacle. During the last twenty years, the Journal has taken part in ...
Keep Reading »Letter from Associated Press to US Department of Justice: Massive and Unprecedented Intrusion
[The following letter was issued by the Associated Press on 13 May 2013 in response to revelations that the Justice Department had seized the personal and professional telephone records of reporters and editors of The Associated Press for the months of April and May 2012.] Attorney General Eric Holder Department of Justice Washington, D.C. Dear General Holder: I am writing to object in the strongest possible terms to a massive and unprecedented intrusion by the Department of Justice into the ...
Keep Reading »Juridical Humanity: A Colonial History
Samera Esmeir, Juridical Humanity: A Colonial History. Stanford: Stanford University Press, 2012. [This review was originally published in the most recent issue of Arab Studies Journal. For more information on the issue, or to subscribe to ASJ, click here.] Today human rights provides a dominant framework for thinking about humanity—one in which humanity often appears as both a universal and an ahistorical category. In this view, the history of humanity is one of the discovery of otherwise hidden or ...
Keep Reading »Not in the Revolution's Name: Egypt's New Judicial Authority Bill
Amid the recurrent standoffs between the Egyptian opposition on the one hand and President Mohamed Morsi and the Muslim Brotherhood group from which he hails on the other, the opposition is often characterized as incompetent, opportunistic and unwilling to accept the outcome of democracy, in reference to the results of the elections that brought Morsi to the presidency and handed the Muslim Brotherhoods' Freedom and Justice Party (FJP) a majority in parliament. But the policies and steps taken ...
Keep Reading »Thinking Citizenship in a Revolutionary Arab World: The Intransigence of Difference
The ongoing Arab uprisings that began in Tunisia in late 2010 have demonstrated that citizenship in the Arab Middle East is a subject in need of much critical scholarship and intervention. Many scholars, working from an archive of political philosophy that begins with Rousseau's social contract, have assessed the Arab national project of producing citizens skeptically, as Suad Joseph has demonstrated. Moreover, there is tendency in political theory to view members of authoritarian, corporatist, and ...
Keep Reading »Trial by Error: Justice in Post-Qadhafi Libya
[The following report was issued by International Crisis Group on 17 April 2013.] Trial by Error: Justice in Post-Qadhafi Libya Executive Summary There are many necessary cures to Libya’s pervasive insecurity, but few more urgent than repairing its judicial system. Qadhafi-era victims, distrusting an apparatus they view as a relic, take matters in their hands; some armed groups, sceptical of the state’s ability to carry out justice, arbitrarily detain, torture or assassinate presumed ...
Keep Reading »Unfair Bahrain Trial Sentences Sixteen Minors to Fifteen Years in Prison
[The following statement was issued by the Bahrain Center for Human Rights on 29 March 2013.] The Bahrain Center for Human Rights expresses grave concern over the detention and sentencing of 16 Bahraini citizens to 15 years imprisonment without clear evidence of the charges brought against them. The authorities in Bahrain have been arbitrarily arresting, detaining and sentencing citizens from protest areas in sham trials. The Ministry of Interior claims that in July 2012 a police patrol was ...
Keep Reading »Eye on the Libyan General National Congress: Fifth Report
[The following report was issued by Bokra Youth Organization and H2O Team on 9 March 2013. This is the fifth in a year-long series of reports covering the actions of Libya's General National Council. This issue focuses on the period from 15 February to 1 March 2013. Click here to access the previous report.] Eye on the General National Congress: Fifth Report Introduction These sessions preceded the second anniversary of the February 17 Libyan Revolution. The level of General National ...
Keep Reading »Samera Esmeir in Coversation with Adalah's Suhad Bishara, Marking Land Day in Palestine; and Lina Attalah on the Future of Egypt Independent Newspaper
30 March marks Land Day in Palestine. On the latest edition of Voices of the Middle East and North Africa, Professor Samera Esmeir speaks with Suhad Bishara, Director of the Land and Planning Rights Unit of Adalah, the Legal Center for Arab Minority Rights in Israel, about Israel's contemporary land policies. Egypt Independent, a weekly English language newspaper and its website have become one of the premier sources of news, information and analysis on Egyptian politics, arts and culture. Yet, ...
Keep Reading »Yemeni Detainee Tortured in Saudi Prison after Extradition by Qatar
[The following is an appeal that Al Karama issued on 14 March 2013 detailing the detention and torture of Yemeni detainee Iwad Al Hayki and calling on the international community and Saudi authorities to look into his case.] Iwad Al Hayki, a thirty-three-year-old Yemeni national has been imprisoned in Al Qasim Prison since 18 October 2010, the day he was extradited by Qatar to the Saudi authorities. Detained incommunicado for almost a year in solitary confinement, he has been subjected to severe ...
Keep Reading »Eye on the Libyan General National Congress: Third Report
[The following report was issued by Bokra Youth Organization and H2O Team on 28 February 2013. This is the third in a year-long series of reports covering the actions of Libya's General National Council. This issue focuses on the period from 15 January to 1 February 2013. Click here to access the previous report.] Eye on the General National Congress: The Third Report Introduction On Tuesday evening, 15 January 2013, Mr. Omar Hemedan, the official spokesperson for the General National Congress ...
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