[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]
Reports
"Israel has 101 different types of permits governing Palestinian movement", Chaim Levinson
Haaretz reports on the vast amount and variety of permits governing the movement of Palestinians in the West Bank and the wasted time and energy resulting from this brand of bureaucracy. The use of permits by Israeli security services to recruit informers and the efforts of human rights groups to challenge these permits are discussed.
"Under the Guise of Legality: Declarations on state land in the West Bank", Nir Shalev
New B`Tselem report detailing Israel`s efforts to reclassify privately owned Palestinian lands in the West Bank as Israeli state lands.
"The Politics of NGOs, Human Rights and The Arab-Israel Conflict", Gerald M. Steinberg
Article on the application of NGO "soft power" and the extent of its influence on Isreali foreign and security policy, especially since 2001.
"Back to Basics: Israel`s Arab Minority and the Israeli-Palestinian Conflict", International Crisis Group
Report discussing the erosion of Arab-Jewish relations in Israel and Arab minority rights in the context of the peace process. Argues that the current trajectory of the peace process under Netanyahu contributes to the worsening of said relations, and concludes that any two-state solution must make an effort to reduce such internal conflict and move toward a settlement on the rights of the Arab minority in Israel and the nature of the state of Israel.
Academic Journals
"The Habibi Libel Trial; Defamation and the Hidden Basis of Criminal Law", Leora Bilsky
This journal article explores the ability of national third party courts to decide on cases that occur to non-national communities outside their territories by exploring the example of Habibi, a man who sued in an Israeli court for defamation when accused of assisting the Palestinian catastrophe or Nakba. It also explores the ability of Israeli courts to deal with the Nakba as a Palestinian narrative.
"Women`s Human Rights in the Koran: An Interpretive Approach", Niaz A. Shah
Argues that legislation that is discriminatory against women in Muslim states should be reformed using an interpretive approach suggested in this article (as opposed to the other approaches discussed) to raise the status of women in Muslim jurisdictions, who are generally subordinated as a result of extremist and out-of-context interpretations.
"Women in Islamic Communities: The Quest for Gender Justice Research", Adila Abusharaf
Discusses the jurisprudence behind policies and laws regarding women`s rights in Muslim countries and the influence of religion and society on the formation of these policies.
"Taḥkīm (Arbitration) in Islamic Law within the Context of Family Disputes", Mahdi Zahraa and Nora A. Hak
Tahkim is a method of alternative dispute resolution which exited long before Islam and is recognized in the Quran and Sunnah. The article talks about the development of Tahkim in Islam.
Blogs
"Moving to Warrant-based Targeting and Law Enforcement Model in Afghanistan?", Robert Chesney
Blog post analyzing the United States` 2009 move in Iraq from a primarily military-driven detention model to one where Iraq took on the primary role in authorizing targeted captures and overseeing the subsequent criminal prosecutions. The post concludes that the recent debate over the United States` conducting of “night raids” signifies the beginning of such a transition in Afghanistan.
"Jack Goldsmith’s Accurate Description of the “Unwilling or Unable” Test", Kevin Jon Heller
Blog post explaining the unwilling or unable test for self-defense against a non-state actor in the context of justifying drone strikes. Points out that while the use and defense of the unwilling or unable doctrine "does not represent the view of the International Community," despite it`s increased use (particularly by the United States) since 9/11.
"The legal case against attacking Iran", Bruce Ackerman
Piece in the Los Angeles times arguing that a pre-emptive strike against Iran would violate U.S. And international law. Peter Berkowitz critiques Ackerman`s argument for Real Clear Politics, invoking past U.S. practices to argue for the legality of such a strike, and Kevin Jon Heller responds to Berkowitz in Opinio Juris, writing that Berkowitz is misreading both US. History and the law.
"The Myth of Israel`s Liberal Supreme Court Exposed", Jonathan Cook
Different judgments and events charting the decline of judicial activism in Israel since 2000, especially as regards issues pertaining to the rights of marginalized Palestinians in Israel.
On Jadaliyya
"Qalandia: The Potential to Transform Palestinian Resistance", Zachary Foster
Discusses the Qalandia checkpoint between Jerusalem and Ramallah as a focal point of protest, and the checkpoint`s potential to serve as a Tahrir-like generator of critical mass of resistance necessary to end Israel`s occupation.
"After the Arab Spring in Palestine: Contesting the Neoliberal Narrative of Palestinian National Liberation", Raja Khalidi
Article inquiring as to whether the range of inequality in Palestinian society has the potential form the bedrock of a renewed wave of social protest, both for Palestinian national liberation and social emancipation.
A Family Under Seige: The Khawajas in Bahrain, Preethi Nallu
Investigates the legal plight of some of Bahrain`s most renowned human rights activists.
Upcoming Conferences:
"Confronting Complexity: the American Society of International Law`s 106th Annual Meeting"; 28-31 March 2012; The Fairmont Hotel, Washington DC; Register here.
"Corporate Responsibility and the Alien Tort Statue Symposium"; 27 March, 2012; Georgetown University Law Center, 12th Floor Gewirz Student Center; Register here.
"U.S. and Israeli National Security Law: What Can Each Learn from the Other?"; 27 March, 2012; American University College of Law, 4801 Massachusetts Avenue, NW, Room 603. Register here.
"Drone Summit: Killing and Spying by Remote Control"; 28-29 April, 2012; Mount Vernon Place Methodist Church, 900 Massachusetts Avenue NW, Washington, DC 20001. Register here.