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Law
Palestine at the UN. . . . Again
Just about ninety minutes ago Mahmoud Abbas, president of the Palestine Liberation Organization and the Palestinian Authority, posed the perennial Palestinian question to the delegations assembled in New York: Is there one people too many or one state too few? For the past two decades, bilateral negotiations have quarantined a matter of broad international concern and consequence. Under the veneer of the “peace process,” Israel has consolidated its occupation and escalated its colonial settlement expansion. The forced population-transfer of Palestinian civilians has continued unabated under the weight of the Israeli imperative of creating facts on the ...
Keep Reading »Roundtable on Occupation Law: Part of the Conflict or the Solution? (Part I: Noura Erakat)
[This is the first part of a six-part series associated with a Jadaliyya roundtable discussing the relevance of occupation law to the Palestinian-Israel conflict at this historical juncture. Participants include Darryl Li, Lisa Hajjar, Nimer Sultany, Asli Bali, Ahmed Barclay, and Dena Qaddumi.] September 2011 marks a historic juncture in the struggle for Palestinian self-determination as the Palestinian leadership approaches the United Nations with an application for membership into the community of nations as a state. This move is rife with potential implications, including a shift from bilateralism to multilateralism and an insistence ...
Keep Reading »Roundtable on Occupation Law: Part of the Conflict or the Solution? (Part III: Ahmed Barclay and Dena Qaddumi)
[This is the third part of a six-part series associated with a Jadaliyya roundtable discussing the relevance of occupation law to the Palestinian-Israel conflict at this historical juncture. Participants include Darryl Li, Lisa Hajjar, Nimer Sultany, Asli Bali, Ahmed Barclay, and Dena Qaddumi. A description of the roundtable can be found here.] As Darryl Li argues, occupation law has effectively masked the settler colonial origins of the Israeli state as well as encouraging a “partitioning of the imagination” whereby the Green Line divides “Israel” and “Palestine”. Allied with notions of a “temporary” occupation, this not only legitimises ...
Keep Reading »Roundtable on Occupation Law: Part of the Conflict or the Solution? (Part V: Nimer Sultany)
[This is the fifth part of a six-part series associated with a Jadaliyya roundtable discussing the relevance of occupation law to the Palestinian-Israel conflict at this historical juncture. Participants include Darryl Li, Lisa Hajjar, Nimer Sultany, Asli Bali, Ahmed Barclay, a
Keep Reading »Obama's Palestine Problem, and Ours
It is shocking, but not surprising, that in the US, the primary way of understanding and analyzing the debate at the United Nations over Palestinian statehood is in terms of its effect upon American politics. More specifically, the main focus in the US media has been on how the Obama administration would handle the “crisis” at the UN, inevitably described as one aspect of the supposed "roiling tensions in the region." Very little thought is being devoted to the question of whether the move by the Palestinian leadership is part of a larger strategy for escaping from the disastrous stasis of the Oslo framework, or to what possibilities might arise from potential ...
Keep Reading »Interview with Jadaliyya Co-Editor Lisa Hajjar on Obama's own 'Gitmo,' Bagram, and US Detention Policy
This interview was conducted with Jadaliyya Co-Editor Lisa Hajjar during the week marking the ten year anniversary of the 11 September attack in the United States. Interviewed by Jess Ghannam of KPOO's "Arab Talk," Lisa begins with a survey of the landscape of US detention policy of the last ten years. While some aspects of torture and abuse have changed under the Obama administration, more has stayed the same, including indefinite detention, denial of habeas, use of military commissions, and the fact that there has not yet been a definitive end to US torture. Following this is a more in depth discussion of Bagram and detention operations in Afghanistan. The ...
Keep Reading »Honoring the Law: Honor, Gender and Crime in the Lebanese Penal Code
Last month the Lebanese judiciary repealed an article of the penal code commonly referred to as “the honor crime” law. Years of pressure from activist groups and national and international human rights non-governmental organizations led to the repeal of article 562. Its text stated that a man who “finds his wife or his sister or one of his female agnates in the act of (witnessed) illegitimate sexual relations and kills or harms one of the actors” can receive a lesser sentence from the presiding judge. This law is explicitly gendered because the victims it constructs are females who occupy different kinship relations to the imagined male perpetrator. Furthermore, article ...
Keep Reading »The UN Palmer Inquiry and Israel's Attack on the Mavi Marmara
The UN released its report, "Secretary-General’s Panel of Inquiry on the 31 May 2010 Flotilla Incident" on Friday, 2 September 2011. The report addressed issues relating to Israel’s attack on the Mavi Marmara – which left 9 Turkish civilians dead, and some 55 others wounded – and concluded, amongst other things, that Israel’s blockade of the Gaza Strip is lawful and that Israel’s attack on the Mavi Marmara was justified, but involved excessive force. The panel then recommended that Israel issue an “appropriate statement of regret," and offer compensation. The report generated a swift response. Turkey promptly expelled Israeli diplomats, suspended military ...
Keep Reading »Palestinian Statehood at the United Nations: An Information Resource
[The following is the latest from Quaker United Nations Office (QUNO) on Palestinian Statehood at the UN.] Palestinian Statehood at the United Nations: An Information Resource Introduction These pages aim to serve as an informal information resource for issues relating to the current discussions around the question of Palestinian Statehood at the United Nations. The resources contained here are not intended to be exhaustive or definitive; rather they are intended to serve as a bibliographic record of our own research around this complex issue. This is a political and emotional topic for many, and much of the commentary is also politicized: views expressed in the ...
Keep Reading »The Space Between: March 14, March 8 and a Politics of Dissent
This week a pro-Syrian protest was staged at the Syrian Embassy in Beirut. A group of about fifty people gathered to express their solidarity with the Syrian people against the atrocities currently being committed by the Asad regime. As reported in Jadaliyya and elsewhere, this pro-Syrian protest was met violently by pro-Asad counter-demonstrators. Many of the pro-Syrian protestors sustained injuries, some of which were serious enough to require trips to the emergency rooms of nearby hospitals. Since the incident on Tuesday night, a sometimes vitriolic online debate has unfolded between pro-Syrian and pro-Asad activists in Lebanon. Many of these activists, ...
Keep Reading »One Night in Hamra
[The following is an eye-witness account of the violent dispersion of an anti-regime protest that took place this past Tuesday outside the Syrian Embassy in Beirut. The author of the report-back has chosen to remain anonymous.] Last Tuesday evening at around 8 o’clock, a group of people gathered at the Syrian Embassy in Beirut in order to protest the ongoing atrocities committed by the Syrian regime against the Syrian people. Earlier that day I had received an email, part of a “secret email chain,” informing me that the protest would take place and that I should only share the email with people I trust. The secrecy with which the protest was planned was in response to ...
Keep Reading »Occupation Law and the One-State Reality
For decades, the international law of occupation – a branch of the laws of war (or “international humanitarian law”) – has played a major role in structuring debates around Israel/Palestine. As applied to the West Bank and Gaza Strip, the law of occupation has provided a useful and globally shared set of criteria for analyzing Israel’s discriminatory and repressive policies, as well as certain Palestinian actions. There is perhaps no legal document cited more frequently in debates on Israel/Palestine than the Fourth Geneva Convention, held up by many as a sacred pact of civilization enshrining basic standards of humanity in wartime. But as the impossibility of ...
Keep Reading »Ma'an News Agency Interview with Jadaliyya Co-Editor Mouin Rabbani on Palestine UN Bid
[The following interview with Jadaliyya Co-Editor Mouin Rabbani was published by Ma'an News Agency on 22 September 2011. It was conducted by Jared Malsin.] Escaping the diplomatic framework created by the never-completed Oslo peace accords is the only route for Palestinians to ensure the realizations of their rights, says Palestinian analyst Mouin Rabbani. In an interview on the eve of President Mahmoud Abbas’ push for recognition of a Palestinian state at the UN, Rabbani said the ultimate impact of ...
Keep Reading »Roundtable on Occupation Law: Part of the Conflict or the Solution? (Part II: Lisa Hajjar)
[This is the second part of a six-part series associated with a Jadaliyya roundtable discussing the relevance of occupation law to the Palestinian-Israel conflict at this historical juncture. Participants include Darryl Li, Lisa Hajjar, Nimer Sultany, Asli Bali, Ahmed Barclay, and Dena Qaddumi. A description of the roundtable can be found here.] The West Bank and the Gaza Strip are the quintessential “hard case” in international humanitarian law (IHL). With the benefit of hindsight, we know that ...
Keep Reading »Roundtable on Occupation Law: Part of the Conflict or the Solution? (Part IV: Asli Bali)
[This is the fourth part of a six-part series associated with a Jadaliyya roundtable discussing the relevance of occupation law to the Palestinian-Israel conflict at this historical juncture. Participants include Darryl Li, Lisa Hajjar, Nimer Sultany, Asli Bali, Ahmed
Keep Reading »Roundtable on Occupation Law: Part of the Conflict or the Solution? (Part VI: Darryl Li)
[This is the final part of a six-part series associated with a Jadaliyya roundtable discussing the relevance of occupation law to the Palestinian-Israel conflict at this historical juncture. Participants include Darryl Li, Lisa Hajjar, Nimer Sultany, Asli Bali, Ahmed Barclay, and Dena Qaddumi. A description of the roundtable can be found here.] A reckoning is upon us – not simply a tallying of votes over the campaign for Palestinian membership in the United Nations, ...
Keep Reading »Al-Jazeera Interview with Jadaliyya Co-Editor Noura Erakat on PLO/PA Strategy at the UN
The following interview aired live on Al Jazeera English's The Stream with Jadaliyya Co-Editor Noura Erakat on 20 September 2011. Erakat argues that if the PLO is serious about changing its strategy vis-a-vis Israel post-statehood bid, it should commit to shifting from bilateralism to multilateralism and look to its base for leadership. She counters the claim, advanced by co-guest Husam Zomlot, that the issue of the legitimacy of Palestinian representation is an "internal" issue that can be ...
Keep Reading »Interview with Jadaliyya Co-Editor Mouin Rabbani on Palestinian Statehood
With the United Nations set to debate Palestinian statehood on 20 September, Jadaliyya Co-Editor Mouin Rabbani, a Middle East-based expert on Palestine and Visiting Senior Fellow at the Institute for Palestine Studies, discusses the background to and implications of this development. He will be in the U.S. 15 September through 10 October for media appearances and public events. Concerning the UN bid, Rabbani stated: Two decades of negotiations have achieved nothing except the ...
Keep Reading »US Detention Post-9/11: Birth of a Debacle (Part 1 of 5 Part Series)
Days after the terrorist attacks of 11 September 2001, the Bush administration started making decisions that led to the official authorization of torture tactics, indefinite incommunicado detention and the denial of habeas corpus for people who would be detained at Guantánamo, Bagram, or “black sites” (secret prisons) run by the CIA, kidnappings, forced disappearances and extraordinary rendition to foreign countries to exploit their torturing services. While some of those practices were cancelled ...
Keep Reading »Report of the UN Fact-Finding Mission to Syria Pursuant to Human Rights Council Resolution S-16/1
[Below is the latest from the United Nations Human Rights Council on Syria.] Advanced Unedited Version Report of the Fact-Findng Mission on Syria pursuant to Human Rights Council resolution S-16/1 I. Introduction A. Background 1. Mandate 1. The Fact-Finding Mission for Syria (“Mission”) was established pursuant to Resolution A/HRC/RES/S-16/1 adopted by the Human Rights Council (“Council”) on 29 April 2011.1 A special session of the Council was convened in light of widespread anti-government ...
Keep Reading »Emergency, Governmentality, and the Arab Spring
With states of emergency proving salient to the unfolding of the “Arab Spring” and continuing to permeate the political landscape—through opposition to long-standing emergencies as well as proclamations of new ones—it is worth reflecting on the genesis and underlying essence of emergency law. The ostensible premise of the doctrine of emergency is one of a last resort mechanism to be implemented for the common good, with the temporary suspension of certain freedoms necessary to facilitate an ...
Keep Reading »Press Release by Solidarity Protesters that Were Violently Dispersed in Beirut
[The following press release was issued on Thursday August 4, 2011, by the protesters that gathered outside the Syrian Embassy in Beirut on Tuesday, August 2--to protest the Syrian regimes violent suppression of the uprising in the country--and that were subsequently violently dispersed by pro-regime counter-demonstrators. An English translation is forthcoming. For a detailed account of the protest and it's violent dispersion, see Jadaliyya's One Night in Hamra.] بيان صحافي الشبيحة يعتدون ...
Keep Reading »Job Announcement: Regional Coordinator - Middle East & North Africa; Coalition for the International Criminal Court
Regional Coordinator: Middle East-North Africa Region Coalition for the International Criminal Court (CICC) Application Deadline: 19 August 2011 The Coalition for the International Criminal Court (CICC) includes 2,500 civil society organizations in 150 different countries working in partnership to strengthen international cooperation with the ICC; ensure that the Court is fair, effective and independent; make justice both visible and universal; and advance stronger national laws that deliver ...
Keep Reading »Can the Palestinian Leadership Pave the Way from Statehood to Independence?
Middle Eastern analysts concerned with the Palestinian statehood bid have rightly highlighted the benefits conferred by such status. They assume, however, that the current Palestinian leadership is willing to take the necessary steps in order to lead Palestinians from statehood on paper to independence in practice. In the early 1990s, the Palestinian leadership supplanted its struggle for self-determination with a state-building project. In its narrow pursuit of a mandate to govern, it placed undue faith ...
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