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Law
The US on Trial in NY: The Russell Tribunal on Palestine
Last week at the UN General Assembly, Barack Obama, President of the world's most powerful country, exalted the United Nations and the ideals upon which it was built. Namely, that "people can resolve their differences peacefully, that diplomacy can take the place of war; and that in an interdependent world, all of us have a stake in working towards greater opportunity and security for our citizens." Yet, as global superpower and a veto-holding member of the UN Security Council, the United States has perpetuated one of the most significant and enduring conflicts of the 20th century. By shielding Israel from accountability and by providing it ...
Keep Reading »O.I.L. Monthly Archive on Jadaliyya (September 2012)
[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 with your bio and a release form to post@jadaliyya.com [click "Submissions" on the main page for more information] "Israel's Hypocrisy on a Nuclear Middle ...
Keep Reading »After a Seven-Year Struggle, First High School Opens in Abu Tulul Arab Bedouin Village in the Naqab
(Beer el-Sabe, Israel) On Monday, 27 August 2012, the first high school opened in the Arab Bedouin village of Abu Tulul in the Naqab (Negev). The opening of the school is the result of a seven-year struggle conducted by the residents of the village and the surrounding villages and Adalah. This year, the new school is comprised of four tenth grade classes. Next year the school is planned to grow and eleventh grade classes will open; the following year, twelfth grade classes are expected to open. 120 pupils study at the school, half of them girls and half of them boys from the village and its vicinity. Mr. Raji Alharam was appointed as the ...
Keep Reading »Open Letter Regarding the Detention of Zakaria Zubeidi
[The following letter was issued by a number of concerned individuals in response to the Palestinian Authority's detention and treatment of Zakaria Zubeidi, co-founder of the Freedom Theater.] Open letter regarding the detention of Zakaria Zubeidi, co-founder of the Freedom Theatre. For the attention of President Mahmoud Abbas: We the undersigned write to ask you to ensure the proper application of Palestinian law in the case of Zakaria Zubeidi, and all cases of illegal imprisonment. We respect Mr Zubeidi’s choice to follow cultural resistance and are dismayed at his current treatment, which circumvents Palestinian law. We fully respect ...
Keep Reading »O.I.L. Media Roundup (10 September)
[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] News "Obama Reflects on Drone Warfare", Jessica Yellin In an online interview with CNN, President Obama openly defended the United States' drone program, warning of the need to avoid a 'slippery slope' towards bending rules when fighting terrorism and elaborating on his own rules for justifying a ...
Keep Reading »Article 28 of the Tunisian Constitution: A Problem Among Many Others
Every year, Tunisians celebrate Women’s Day on 13 August with all due pomp and circumstance. This year, however, seven thousand Tunisians — mostly women — took to Mohamed V Avenue in downtown Tunis to protest Article 28 proposed by the Constituent Assembly. Their demonstration reflects an increasing discontent that many Tunisians express over the wording of this article, which stipulates that women are "complimentary" to men. The word muwatinuun (citizens) stated early in the constitution makes all Tunisians (women and men) equal in the eyes of the law. However, once we reach the 28th article, suddenly women become ...
Keep Reading »This Sea Is Mine: A Review
Dictaphone Group, This Sea Is Mine. Beirut, Lebanon, 28 August - 8 September 2012. A familiar feature of the Beirut waterfront is the ongoing struggle between Beirutis who want access to the sea and the barriers erected to precisely prevent that on the part of a constellation of powers – private and public. (And who can tell the difference between the two sometimes?) The waterfront is nearly entirely privatized, and what is not private teems with fishermen and fisherwomen, families grabbing a narrow strip of rocky beach and defiantly having fun in the face of powers that want to charge them exorbitant amounts for any kind of enjoyment of and on the Mediterranean ...
Keep Reading »The Echo Chamber of "Campus Anti-Semitism"
Although few people are aware of the United States Commission on Civil Rights’ (USCCR) 2006 findings about "campus anti-Semitism," they have recently been invoked in a growing number of campaigns that threaten to curb students' First Amendment right to freedom of expression. The USCCR findings on this issue form part of an echo chamber whereby a network of partisan, Israel-aligned organisations and activists repeat the same claims, often unchallenged, before official bodies that simply take their word as truth. Like walls in a cave, these bodies publish findings and resolutions regurgitating the partisans' claims without exercising their own ...
Keep Reading »عندما يصبح تسييس القضاء ضمانة لاستقلاله: أفكار حول التجربة المصرية 1967-2012
أين اختفى قضاة "التيار الاستقلالي" في مصر اليوم؟ سؤال محير يراود أذهان أكثر من متابع للشأن القضائي المصري في الوقت الحاضر. فالمفارقة الغريبة هي أن القضاة الذين صنعوا الحدث القضائي والسياسي عامي 2005 و2006 عندما تحدوا من خلال نادي قضاة مصر نظام حسني مبارك في أوج سلطته باتوا اليوم، بعد سقوط هذا النظام، شبه غائبين عن الساحة القضائية.١ القضاة الأفراد ما زالوا هنا طبعاً، على الأقل سياسيا: فالمستشار حسام الغرياني ترأس مجلس القضاء الأعلى وهو اليوم يترأس اللجنة المكلفة إعداد الدستور والمستشار هشام البسطويسي كان مرشحاً ملحوظاً لرئاسة الجمهورية والمستشار محمود الخضيري عضو فاعل في المجلس النيابي الجديد، الخ. إلا أن التيار نفسه قد اضمحل قضائياً أمام السيطرة ...
Keep Reading »Anamorphosis
Anamorphosis I. Nov 19, 2005 Haditha, Al-Anbar Province, Iraq Kilo Company, Third Battalion, First Marine Division . . . Twenty-four unarmed Iraqi civilians Including: A seventy-six year old amputee In a wheelchair Holding a Qur’an A mother and child bent over Six children ranging in age from one to fourteen . . . Execution style II. December 2005 The U.S. military paid $2,500 (condolence payments) per victim to families of fifteen of the dead Iraqis. A total of $38,000. III. “Shoot first, ask questions later” were Sgt. Wuterich’s orders to his men as they searched nearby homes after a roadside bomb attack killed one Marine and injured two ...
Keep Reading »ظاهرة حرق الدواليب تخترق قصور العدل: الحق في محضر العصبية
خلال الأشهر الماضية، شهد الرأي العام اللبناني نشوء ظاهرة جديدة مفادها قيام مجموعات بحرق دواليب وقطع طرق وأحياناً التسبب باشكالات أمنية بالغة الخطورة للضغط على القضاء لاتخاذ قرار معين. وقد تجلت هذه الظاهرة بشكل خاص مع توقيف الشاب شادي المولوي بتهمة انتمائه إلى تنظيم إرهابي مسلح. فقد أعقب ذلك اعتصام في ساحة النور مع قطع طرقات في أماكن متفرقة، فضلاً عن اشتعال المنطقة الفاصلة بين باب التبانة، جبل محسن (يراجع الإعلام في الفترة الفاصلة بين توقيفه في 12-5 والإفراج عنه في 23-5). وتبعاً لنجاح هذا الأسلوب، سارع بعض المطالبين بالافراج عن موقوفي فتح الاسلام والذين قاربت مدة احتجاز عدد منهم خمس سنوات من دون محاكمة بل من دون صدور قرار إتهامي إلى اعتماده. وكانت هذه القضية قد شهدت منذ ...
Keep Reading »CIA: KUBARK's Very Long Shadow
A 2011 FBI "primer" on overseas interrogations, which became public on August 2, 2012, as a result of Freedom of Information Act action taken by the American Civil Liberties Union, repeatedly cites the Central Intelligence Agency's 1963 KUBARK Counterintelligence Interrogation. KUBARK was the code name the CIA used for itself. The FBI briefing also cites the CIA's 1983 Human Resource Exploitation Manual (Honduras version) which was compiled by sections of KUBARK to train interrogators in the art of obtaining intelligence from "resistant sources". This was disseminated to the intelligence services of right-wing regimes in Latin America and south-east ...
Keep Reading »Between a Rock and a Hard Place: Migrant Workers Caught Between Employers' Abuse and Poor Implementation of the Law
[The following report was issued by Tamkeen for Legal and Human Rights.] Between a Rock and a Hard Place: Migrant Workers Caught Between Employers' Abuse and Poor Implementation of the Law General Summary Administrative and Legal Framework of Migrant Workers in Jordan According to statistics released by the Ministry of Labor in 2011, there are around 280,275 documented migrant workers in Jordan. In addition to these documented workers, there are also undocumented ...
Keep Reading »The Deeply Disturbing Israel Court Ruling on Rachel Corrie
Last month, in a deeply disturbing ruling, an Israeli court dismissed the civil lawsuit brought by my family against the state of Israel for the wrongful death of my daughter Rachel Corrie. Born and raised in Olympia, Rachel was a human-rights defender and peace activist killed in 2003 by an armored Israeli military bulldozer as she stood for hours, visibly and nonviolently protesting the Israeli government’s policy of civilian home demolitions in Rafah, Gaza. The home Rachel and her friends from the ...
Keep Reading »Statehood Bid One Year Later: No State, No Bid, No Freedom
In early August 2012, Palestinian Authority President Mahmoud Abbas vowed to renew the United Nations statehood bid in September: "Even if this step conflicts with other parties' interests … [W]e will not step back. . . . Israel neither halted settlement activities, nor recognized the Palestinian territory occupied in 1967 as occupied territory. Thus, the only choice we have is to go to the UN equipped with a united Arab mandate." Yet, only a few weeks later, the Palestinian ...
Keep Reading »Roundtable on Occupation Law: Part of the Conflict or Part of the Solution?
[The following series of articles is part of a Jadaliyya roundtable on Occupation Law. It features contributions by Noura Erakat, Lisa Hajjar, Dena Qaddumi and Ahmed Barclay, Asli Bali, Nimer Sultany, and Darryl Li. The roundtable was first published in September 2011.] Noura Erakat, Part I Lisa Hajjar, Part II Dena Qaddumi and Ahmed Barclay, Part III Asli Bali, Part IV Nimer Sultany, Keep Reading »
Tunisian Media: Al-Nahda Tightens its Control
Tunisia’s Prime Minister and Secretary-General of the ruling Islamist al-Nahda party, Hamadi Jebali, was invited to close a two-day event held in Tunis in May to celebrate World Press Freedom Day. In his speech, Jebali remarked upon the importance of a free press for a properly functioning democracy, adding that the present government in Tunisia was “fully committed to safeguarding a public and independent media.” Despite such words of assurance, the freedom and independence of Tunisian media remain ...
Keep Reading »Rachel Corrie: Blaming the Victim
On Tuesday, Judge Oded Gershon of the Haifa District Court dismissed the civil lawsuit I brought on behalf of Rachel Corrie’s family against the State of Israel for the unlawful killing of their daughter, an American peace activist and human rights defender who legally entered Gaza to live with Palestinian families in Rafah whose homes were threatened by demolition. While not surprising, the verdict is yet another example of impunity prevailing over accountability and fairness and it flies in the face ...
Keep Reading »Trial of Saudi Civil Rights Activists Mohammad al-Qahtani and Abdullah al-Hamid
1 September 2012 at 9 a.m. in Riyadh’s Specialized Criminal Court Rows of supporters formed outside the Riyadh courtroom as they waited for the arrival of activists Mohammad al-Qahtani and Abdullah al-Hamid, co-founders of the Saudi Political and Civil Rights Association (ACPRA). Upon their entrance to the courthouse, supporters shook their hands and exchanged encouraging smiles. The presence of around fifty people, all with cell phones in hand, was to mark this event as one of the most public trials of ...
Keep Reading »The Love Affair with Erdogan (Part 1)
[The following is part one of a two-part piece on Tayyip Erdogan. Part two will be posted Monday, 3 September.] Since his election to the helm of the Justice and Development Party (AKP) in 2003, but even more so following the party’s reelections in 2007 and 2011, Turkish Prime Minister Recep Tayyip Erdoğan has played the darling of the proverbial international community. Gradually relinquishing their fear of an Islamist agenda, European and North American governments and think tanks made Erdoğan ...
Keep Reading »Tunisian Constitution: Text and Context
On Wednesday, 8 August, al-Chourouq newspaper published an advance copy of the Tunisian National Constituent Assembly’s newly released draft constitution to the public and to the Board for Constitutional Coordination, Composition, and Amendment. The completion of this draft, which will replace the former Tunisian constitution originally written in 1959, is a landmark in Tunisia’s post-Ben Ali political landscape, although the extensive political maneuvering over many of the ...
Keep Reading »An Invisible Nation: The Gulf’s Stateless Communities
The issue of statelessness in the Gulf is as old as the post-colonial oil states from which they are actively being excluded. Until the 1980s, the status of the Bedoon was not seen as a political issue, with the fledgling governments more concerned with state building functions than with further limiting citizenship rights. The oil bust of the 1980s, however, strained the budgets of the Gulf regimes, who responded by constraining social services and restricting citizenship laws. The brunt of these ...
Keep Reading »O.I.L. Media Roundup (13 August)
[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] News "Egypt Demands Release of Its Citizen from Guantanamo", Cindy Galway Buys The International Law Professors Blog reports that ...
Keep Reading »Litigating the New Frontier in the War on Terror
In the landscape of the global “war on terror,” the Center for Constitutional Rights and the American Civil Liberties Union are veteran pioneers. CCR hacked into the “legal black hole” of Guantánamo by pursuing the first challenge, back in February 2002, to the denial of habeas corpus for people detained there incommunicado; they prevailed at the Supreme Court in 2004. The ACLU tunneled into the glacier of governmental secrecy with one Freedom of Information Act (FOIA) lawsuit after another, ...
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