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Entretien avec Sébastien Lamy sur le droit de l'urbanisme au Liban: la nécessité d'une doctrine juridique

[Chantier de reconstruction du centre-ville de Beyrouth. Photo Eric Verdeil, 2016, Creative Commons, NC]

[Les projets de construction sur le littoral de Raouché ou sur la plage de Ramlet el Baida ont fait l’objet, ces derniers temps, d’intenses mobilisations in situ visant à s’y opposer. Fait relativement nouveau, ils ont aussi suscité, tout comme certains projets impliquant la démolition d’immeubles anciens, des contentieux juridiques. Ces recours en justice ont certes démontré la compétence des opposants mais aussi les faiblesses des multiples couches juridiques qui régulent la construction et l’usage des sols dans les villes libanaises. Le contexte est donc à la fois celui d’une fragilisation du droit et d’un recours accru à celui-ci. Cela rend essentiel un ...

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“Til Sect Do You Part?” On Sectarianism and Intermarriage in Lebanon

In August 2017, a Christian man and a Muslim woman (Boutros and Marwa) made headlines when they married in Lebanon. Why? One might assume that the interreligious nature of the couple prompted this media attention. However, that was far from the case. In my current research on Lebanese social responses to interreligious and intersectarian marriages/long-term relationships, I have had no difficulty locating people to interview. Mixed couples are more common than people often imagine, and exist to varying extents across generations, classes, and communities. As such, it is unlikely that a mixed marriage would make the news. No, what warranted media attention in this case ...

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Nuclear Ruminations

[A mockup of the Fat Man nuclear device. Image via US Department of Defense]

I was in Japan this August for two reasons. First, to give a talk at a conference hosted by Princeton University and the Prefecture of Hiroshima titled “Global Hiroshima: The History, Politics and Legacies of Nuclear Weapons.” Second, I wanted to attend the peace ceremonies commemorating the seventy-second year of the atomic bombings of Hiroshima and Nagasaki. It was a strange time to be travelling in Japan. North Korea had just tested its first intercontinental ballistic missile Hwasong-14 that presumably could now strike targets within the continental United States. Angry words threatening nuclear attacks were flying from both US President Donald Trump and North ...

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New Texts Out Now: Toufic Haddad, Palestine Ltd.: Neoliberalism and Nationalism in the Occupied Territory

Toufic Haddad, Palestine Ltd.: Neoliberalism and Nationalism in the Occupied Territory.  London: I.B. Tauris and Center for Palestine Studies, London Middle East Institute, 2016.  Jadaliyya (J): What made you write this book? Toufic Haddad (TH): I wrote this book because I wanted to research the profound transformations Western donor aid was having on Palestinian political and economic life across the 1967 Occupied Palestinian Territories (OPT) since the signing of the 1993 Oslo peace accords between Israel and the Palestine Liberation Organization (PLO). Western donors have been central actors in the Israeli-Palestinian conflict, but their role is too ...

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Visualizing Jerusalem: Anatomy of Inequality

Visualizing Palestine presents Anatomy of Inequality, our latest visual in a series exploring Israeli policies on Jerusalem. This original VP illustration, inspired by the commonly held sentiment that Jerusalem is at the heart of Palestine, makes visual reference to anatomical drawings of the heart. The image depicts the illegal annexation wall separating the city and its original inhabitants from each other, reinforcing a physical system of apartheid. West Jerusalem was ethnically cleansed of Palestinians in 1948. The rest of the city was annexed by Israel in 1967 along with most of its Palestinian inhabitants. Today, the Israeli controlled Jerusalem ...

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صدر حديثا: الصراع على السلطة الدستورية: دور المحكمة الدستورية العليا في السياسة المصرية

  نُشر هذا الكتاب للمرة الأولى في العام 2007 باللغة الإنجليزية بقلم الدكتور تامر مصطفى، أستاذ الدراسات الدولية في جامعة سايمون فريزر في كندا، وهو يقدم تحليلًا مفصلًا لتقاطع القانون والسياسة في مصر، مع تركيز خاص على المحكمة الدستورية العليا.   بالنسبة إلى العديد من القراء اليوم، قد تكون المحكمة الدستورية العليا معروفة أكثر للدور الذي لعبته في توجيه النتائج السياسية بعد سقوط الرئيس المصري السابق حسني مبارك في العام 2011، مع الأحكام المثيرة للجدل بإبطال مجلس الشعب ومجلس الشورى والجمعية التأسيسية فضلًا عن أحكام أخرى. بيد أن تحليل تلك الأحداث، التي ساعدت على رسم مصير جماعة "الإخوان المسلمين" واتجاه عملية الانتقال السياسي في مصر، يقع خارج نطاق هذه ...

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Destruction and Construction, Resistance and Solidarity: Diyarbakir/Surici Observations Part II

[Mass iftar held to protest destruction in the İçkale valley. All photographs by the author]

[To read the previous article in this series, “Diyarbakir: The Heart of this City Beats in Suriçi,” click here.] Things will not calm down in Suriçi. The destruction and construction of İçkale Valley has come to a close, and the neighborhood has been transformed into a park. While the closed-off areas have been entirely demolished, the demolition of the Alipaşa and Lalebey neighborhoods—which started under an urban renewal project in 2012, but stopped due to resistance—has resumed. This widening, expanding operation suggests that the entirety of Suriçi will be demolished. On a sunny day in May, I am making my way through Saraykapı to İçkale to visit the İçkale Valley ...

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Full Circles: Hamas Goes to Cairo

Hamas supporters out on parade. Credit to openDemocracy on Creative Commons.

During the past week, a Hamas delegation paid an official visit to Egypt, which these days is news in and of itself. During its time in Cairo, the delegation also met with former Fatah warlord Muhammad Dahlan, which is even bigger news. The Hamas delegation was led by Yahya Sinwar. A leader of Hamas’s Martyr Izz-al-Din Qassam Brigades – who served more than twenty years in Israel’s prisons until released in a 2011 exchange – Sinwar was recently elected to lead the movement in the occupied Gaza Strip, its main power base. Soon thereafter, a further round of internal elections choosing a successor to Hamas Politburo chief Khalid Mashal produced former Palestinian ...

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Familiar Ruptures and Opportunities, 1967 and 2017

The 1967 war was a fundamental, damning failure for the Arab world. In the course of six short days, Israel expanded its jurisdiction across the Egyptian Sinai Peninsula and the Syrian Golan Heights, as well as the West Bank and the Gaza Strip. For nineteen years, Arab states had regarded Israel as a foreign colony established by the collusion of imperial powers. Amid the anti-colonial fervor that animated much of the global south at the time, these states refused to recognize Israel as a Jewish homeland. They demanded that Palestinian refugees be allowed to return and given the right to govern themselves as promised by Britain, the League of Nations Mandate system and ...

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Paradoxes of ‘New Turkey’

[AKP supporters at a rally following the July 2016 coup attempt. Image via Wikimedia Commons.]

“New Turkey” has become since 2014 a popular slogan employed by the Justice and Development Party (AKP) to express its political project of remaking the nation. However, it has been in a political abyss since the parliamentary elections on 7 June 2015, when the People’s Democratic Party (HDP) gained around thirteen percent of the votes, thereby becoming the first pro-Kurdish party to exceed the electoral threshold in the history of Turkey’s parliamentary democracy. One of the slogans that marked the HDP election campaign was: “We are not going to allow you to become President,” referring to the AKP’s oft-threatened plan to pass constitutional amendments that would grant ...

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Israel, Palestine, and the Poetics of Genocide

[Image by Ed Stein. Source: Global Research.]

“Genocide” evokes crematoria, mountains of skulls, and mass graves. It is what the Nazis did to the Jews of Europe, what the Khmer Rouge did to fellow Cambodians, what Hutu nationalists did to Tutsis in Rwanda. The term, like the practices of death and social destruction to which it refers, is odious. Charging genocide is like ringing an alarm because, when this crime is occurring or when it has occurred, consequences for perpetrators should follow. Our approach is to trace the political history of the term “genocide” in law and jurisprudence, and compare some of the contexts in which the practices to which the term refers have occurred, and where accountability has ...

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ثمن انعدام الجنسية: اللاجئون الفلسطينيون الفارون من سوريا

[المصدر: موقع العين]

"لا يكاد الفلسطينيون يستوعبون مأساةً أصابتهم حتى تعاجِلُهم أختها."  Joe Sacco, Footnotes in Gaza, New York, 2009: xi ارتبطت المأساة والمقاومة بتاريخ الفلسطينيين منذ صدور وعد بلفور عام 1917، ولا غرابة في وجود علاقةٍ عضوية بين الانتفاضات العربية الراهنة والمقاومة الفلسطينية. غير أن الانتفاضات العربية قد أثرت في الفلسطينيين الذين لجؤوا إلى العالم العربي في أعقاب نكبة عام 1948. فكما حدث بعد الغزو الأمريكي للعراق عام 2003، كشفت الانتفاضات ما يتعرض له اللاجئون الفلسطينيون من انعدام الأمن وضياع حقوقهم الإنسانية بسبب افتقارهم إلى الجنسية. ومع موجة النزوح الحالية وفرار اللاجئين الفلسطينيين من سوريا تتكشف مأساةٌ جديدة. تُقدِّر وكالة الأمم المتحدة لإغاثة وتشغيل ...

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#NeverForget: Sixteen Years into the “War on Terror” and Institutionalized Islamophobia Lives on

September 2017 marked the sixteenth anniversary of the start of the “war on terror.” While hashtags such as #NeverForget and #September11th were trending on Twitter, there was little mention of the victims of post-9/11 counter-terrorism laws and policies – namely, Muslims or those racialized as Muslims. This is because the term “post-9/11 world” is meant to center on the devastation and destruction faced by the United States on 11 September 2001. It does not acknowledge how the United States adopted a ...

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Visualizing Palestine: Justice Denied

For victims and survivors of the 2014 assault on Gaza, Israel’s own military courts are the only place to seek legal recourse. These courts do not offer a genuine avenue for justice to Palestinians.  Of the 500 Palestinian complaints which were filed with Israeli military courts in relation to the 2014 Gaza war, 196 were dismissed immediately, 133 were lost in the system, and only 31 were brought forward for criminal investigation. Three soldiers were eventually convicted for minor felonies such ...

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Visualizing Palestine: #NoAccountability

In July 2014, Israel began a military assault on the Gaza Strip, including an indiscriminate bombing campaign and a brutal ground invasion. In total, the assault killed 1,545 Palestinian civilians, including 556 children, and made 11,166 families homeless. Three years on, no justice has been attained for victims and survivors of the attack. While five hundred Palestinian complaints were filed with Israeli military courts over the 2014 Gaza war, only three soldiers were convicted as of August 2016, for ...

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Visualizing Palestine: Residency Revocation

Since 1967, Israel has revoked the residency status of more than 14,500 Palestinians from Jerusalem. Revocation of residency leads to forcible transfer, a war crime under the Rome Statue of the International Criminal Court and a grave breach of the Fourth Geneva Convention.  After Israel’s illegal annexation of East Jerusalem, Israel created the status of permanent resident for Palestinians living in the city, making entry into and residency in Jerusalem a revocable privilege instead of an inherent ...

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Visualizing Palestine: 50+ Years of Occupation

5 June 2017 marked 50 years of Israel’s occupation, a sobering milestone. The word "occupation" is typically used to describe Israel’s ongoing military rule over the Palestinian West Bank, Gaza, and East Jerusalem since 1967, but the story of Israeli colonialism and occupation is much broader. In its short history, the state of Israel has not only occupied Palestinian land, but also the sovereign territory of three of its four neighboring countries. Today, Israel continues to occupy land in ...

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Making Sense of Jerusalem, Gaza, and Anti-BDS Legislation in the United States

The past two weeks have been filled with a flurry of news and developments concerning Palestine that have appeared in piecemeal fashion. As per usual, mainstream international and US media have portrayed events in Jerusalem and Gaza, as well as legislation in the United States, as isolated incidents lacking context. The protagonists in these stories are Israelis with Palestinian shadows. The failure to document the structural violence afflicting Palestinian lives portrays these events as ruptures rather ...

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The United Nations and Palestine: Biased?

It is common currency to accuse the United Nations (UN) of harboring an inveterate anti-Israel, pro-Palestinian bias. Israel, so the claim goes, is consistently held to a higher standard than other states that manage to escape the world body’s scrutiny despite their abysmal records, and is consistently condemned by the UN for engaging in a legitimate struggle for survival against the Palestinians and other Arabs. To an even greater extent than her predecessors, the current US permanent representative ...

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Caught Between Two Fires: Sudanese Refugees in Jordan

Ahmad is poised as a journalist from Kutum, a town that lies 120 kilm away from El Fasher, the capital of North Darfur in Sudan. His towering figure and wide shoulders sway slowly with each calculated step he takes around his home’s uneven floor, leaning on his aluminum cane for support. He is among the many Darfuris that have in recent years actively spoken out about persecution in their homeland: I am forced to raise my voice because my family members are victims. There are real problems: rape, ...

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De-Escalation Zones in Syria: Not an Alternative for Refugees

On 3 May 2017, Iran, Turkey, and Russia signed a proposal in Astana for the creation of “de-escalation zones” in Syria.  Fighting—including aerial attacks—would cease and humanitarian assistance would be made available. One such de-escalation zone already exists under the military control of the Turkish-led coalition in Jarablus. It has shown to be a poor alternative for refugees looking to exercise their asylum rights under international refugee law.  The existence of this so-called “safe ...

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"Born Again" in Deir Nidham: Against the Illegal Military Occupation, from a Black-American Prophetic Christian Perspective

Tactics of Racial Supremacy We had just left Ofer Prison. My work as a scholar-activist, committed to Palestinian justice, placed me there. We had been journeying all day with two of our Israel-based colleagues who specialize in advocating justice within a profoundly unjust Israeli carceral system. The detention facility, which is at once a juvenile prison and a courthouse, was an incomparable spectacle. The courtyard, a “holding area” for families waiting to enter the “courtrooms” where their ...

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Turkey After the Referendum: A Roundtable

Turkey Page Editors’ Introduction On 16 April 2017, amidst widespread reports of electoral fraud, a slim majority of those casting votes in Turkey voted to approve a referendum, which has as its main goal the overhaul of the executive branch. Most significantly, it does away with the position of prime minister, thereby transforming the presidency from being a ceremonial position as head of state into the sole leadership position of the executive branch. Opposition politicians and dissident journalists ...

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The Policing of the Palestinian Minority in Israel: An International Law Perspective

In January 2017, the Palestinian Member of Knesset (MK), Haneen Zoabi, commissioned a report detailing multilayered omissions by the Israeli police force in combating the increasing crime rates within the Palestinian minority in Israel.[i] While the Israeli police force has prided itself in the last couple of years with halting the overall rate of violent crimes in the country, the report suggests that the police has failed miserably in halting violent crimes within Arab localities. Currently ...

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About O.I.L.

Jadaliyya’s Occupation, Intervention, and Law (O.I.L) section explores the relationship among armed conflict, politics, and international law. Here you will find analysis and debate about developments in international law, intervention and resistance, the political economy of conflict, and accountability for war crimes.  

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