Hedi Viterbo, Problematizing Law, Rights, and Childhood in Israel/Palestine (New Texts Out Now)

Hedi Viterbo, Problematizing Law, Rights, and Childhood in Israel/Palestine (New Texts Out Now)

Hedi Viterbo, Problematizing Law, Rights, and Childhood in Israel/Palestine (New Texts Out Now)

By : Hedi Viterbo

Hedi Viterbo, Problematizing Law, Rights, and Childhood in Israel/Palestine (University of Cambridge Press, 2021). 

Jadaliyya (J): What made you write this book?

Hedi Viterbo (HV): Public and academic debates on Israel/Palestine suffer from two fundamental flaws, both of which this book sets out to tackle. First, such debates tend to rest on misguided assumptions about law, human rights, and childhood. And second, these debates brim with ignorance, misunderstanding, and misrepresentation of the facts on the ground.

Regarding the former issue, there are various misguided assumptions. One is that Israel flouts international legal and human rights norms, including those concerning “children”. Another assumption is that Israel “robs” Palestinians of their childhood. Yet another is that law and human rights offer the remedies for Israel’s wrongs. And another assumption is that “children” and “adults” are naturally distinct groups with inherently different characteristics and needs.

This book, while heavily critical of Israel’s conduct, also poses a radical challenge to these and other prevailing narratives. It lays bare how Israel neither simply erodes childhood nor disregards legal and human rights norms. Instead, Israeli authorities have pursued a more sophisticated course of action: deploying law, rights, and the category “childhood” in general—and increasingly embracing international child rights law in particular—to entrench, perfect, and launder Israel’s oppressive control regime. Law and rights have thus aided Israel in its efforts to subjugate Palestinian minds, bodies, and interactions; to confine Palestinians to a legally enshrined model of childhood that works to their detriment; to discipline older Palestinians through their young; to conceal and justify state violence; to portray abusive soldiers as children deserving of compassion; and to expand the Zionist settlement project while dispossessing Palestinians. Much of this, supposedly, has been done in the name of “the child’s best interests”. 

Also on trial in this book, along with the Israeli state, are its liberal human rights critics—NGOs (both local and international), UN bodies, and scholars. Not only have such critics repeatedly failed to recognize how the child rights framework ends up harming Palestinians, but they have also, in multiple ways, contributed to this harm. Several characteristics of the human rights community are to blame, including its questionable conception of childhood; its uncritical embrace of international law; its recurrent emulation of the Israeli depiction of Palestinians as a security risk; its need to keep donors and lay audiences interested in local issues that are both complex and contentious; and, on occasion, its assessment of human rights violations in isolation from their structural causes. 

As I have noted, if the first flaw of debates on Israel/Palestine is their misguided assumptions (about law, human rights, and childhood), then the second flaw concerns their ignorance, misunderstanding, and misrepresentation of the facts on the ground. One reason for this is that official Israeli sources, as well as human rights reports, often contain significant inaccuracies and misstatements, which are then cited and perpetuated by academics and the media. This book thus reveals how state documents are often inconsistent not only with compelling evidence about Israel’s conduct, but also with one another. Similarly, human rights publications evince repeated misunderstandings, and hence misrepresentations, of Israeli law, as well as of the voices of the young Palestinians they claim to represent. This book aims not only to set the record straight, but also to shed new light on how such knowledge-governing forces shape dominant discourses.

Another reason for such misunderstandings is the dearth of research on Israeli military law. Israel’s control over the West Bank and Gaza Strip has been the subject of extensive scholarship. And yet, this literature has focused on international law and the Israeli supreme court, while paying very little attention to the military courts in which Israel prosecutes thousands of Palestinians—hundreds of whom are below the age of 18—every year. One possible explanation for this gap is the inaccessibility to the public of most Israeli military judgments. Another is the ill-informed perception in mainstream Zionist discourse of Israeli military courts as somehow external to “normal” Israeli law. This book is based on my analysis of the hundreds of Israeli military judgments and statutes I have obtained over the years, as well as various other sources. This research, I believe, is unprecedented both in scope and in its theoretically informed approach, and it yields findings that refute and complicate claims by both Israel and its critics.

I shed new light on the Israeli control regime, its transformation over time, and its under-researched features...

J: What particular topics, issues, and literatures does the book address?

HV: Drawing on cross-disciplinary literature, as well as hundreds of previously unexamined sources (many of which are not publicly available), this book critically examines practices and discourses of law and human rights, in and beyond Israel/Palestine. It investigates how, and to what effect, these practices and discourses conceptualize, shape, weaponize, and deploy the category “childhood”.

The inquiry unfolds within a multitude of contexts, including: Israel’s mass prosecution, incarceration, surveillance, abuse, and killing of Palestinians; restrictions on Palestinians’ movement and food consumption; the severing of Palestinian family ties; Israeli rules of engagement; the use of human shields; military hazing; trials of Israeli soldiers; the Israeli legal system’s handling of settlers who throw stones or participate in legally proscribed protests; and the multiple roles human rights actors play across these settings, including as legal argument-makers, as disseminators of child-related imagery and truth claims, and as providers of legal counsel.

Broader contexts—local and global—are considered throughout the book. Locally, I shed new light on the Israeli control regime, its transformation over time, and its under-researched features, including: its use of childhood, uncertainty, and visual images as modes of governance; its commonalities with its critics; its interconnected modes of violence against different populations in different territories; its heavy reliance on law; and its hierarchization of different types of evidence. Beyond the local context, I highlight underexamined pitfalls and characteristics of policies, laws, and social attitudes, both internationally and within various countries, while drawing comparisons and connections with Israel/Palestine. These policies, laws, and attitudes (past and present) span a wide range of issues, key among which are those concerning the (mis)treatment of colonized peoples, racialized minorities, and noncitizens; the social and legal status of young people; and armed conflict and counterinsurgency. This simultaneous contextualization, at both the local and global levels, yields insights beyond this book’s primary focus.

Also discussed throughout the book are wide-ranging forms of Palestinian resistance: exiting enclosed territories, in violation of Israel’s movement restrictions, by misrepresenting one’s age; developing critical political consciousness while in Israeli prisons; smuggling sperm from prison in defiance of Israel’s ban on conjugal visits; using stones as weapons and thus destabilizing the power imbalance; committing to returning to what is deemed the stolen homeland; self-empowerment through protest; and using cameras and visual imagery to expose state violence. In addition, I demonstrate that young Jewish settlers have been at the forefront of political activism and, when detained, have refused to disclose their ages and identities. To adequately contextualize these actions, the book also engages with a broad array of both Palestinian and settler sources.

J: How does this book connect to and/or depart from your previous work? 

HV: This book is the culmination of fourteen years of research on childhood and state violence, in and beyond Israel/Palestine. As such, it draws on some of my previous work on these themes. For example, a central issue discussed in Chapter 4 is what I call “generational segregation”. In a 2017 article, I brought to light parallels and connections between the large-scale removal of Indigenous “children” in the United States, Canada, and Australia, and the increased generational segregation of Palestinians in Israeli prisons. The following year, I published an article that contextualized this state practice within Israel’s broader divide-and-rule apparatus, while in a more recent piece I also looked at the ongoing generational segregation of Uyghurs in China’s north-west Xinjiang region. 

Another theme, examined in Chapter 6, is the constitutive role of in/visibility and visual images in relation to state violence. In 2014, I published an article investigating this issue regarding three countries—the United States, Syria, and Israel/Palestine—and a few years later I wrote another piece, which also brought into the equation the United Kingdom’s use of torture.

Finally, the six chapters I wrote for my previous (co-authored) book sought to shed new light on law’s intimate relationship with Israeli state violence. 

Certain parts of my new book synthesize, update, and further develop insights from this earlier work. 

J: Who do you hope will read this book, and what sort of impact would you like it to have? 

HV: This book is designed for a broad audience. On the one hand, its arguments and findings would be of interest to researchers, activists, and others who already have some knowledge of the issues it discusses. On the other hand, the book requires no prior knowledge. Accordingly, its first two chapters go to great lengths to lay the theoretical, methodological, legal, and political foundations for the analysis provided.

Rather than rehashing familiar tropes, this book aims to offer a unique perspective from which alternative avenues for thinking and acting can be developed. It unsettles and disrupts common yet problematic assumptions about each of its topics—law, human rights, childhood, and state violence—about the problems each of them presents, and about the solutions to these problems, in and beyond the Israel/Palestine context.

 

Excerpt from the book (from Chapter 1, pp. 3–4, 14, 17–19, 22–23, 37–39, 41–42)

Israeli authorities and their human rights critics ... [share] a common conception of law ..., and it is one that requires reconsideration. This is the notion that law, or at least specific legal norms and mechanisms, constitute a logical and scientific-like apparatus, that they are relatively autonomous and apolitical, significantly impartial and just (or at least a lesser evil), and embodied in specialized institutions, texts, and individuals. Over the past two centuries, this view has been roundly criticized from various angles ... Building on and contributing to a rich body of critical scholarship, I set out to deconstruct and challenge these conceptions of law through, and in relation to, the materials and issues I will be examining. ... 

As laid bare in this [book] ..., both law and rights lend themselves to divergent uses, including those operating in the service of state domination and violence. Further, rights and law, partly due to their reliance on abstractions and generalizations, are frequently applied without sufficient sensitivity to the context at hand. Child law (the sum of legal mechanisms relating directly to those defined as children) and child rights are premised on a specific abstraction: a supposedly universal and natural model of childhood, which in reality often marginalizes young people, legitimizes harshness toward older people, and suppresses valuable forms of life and thought. Combined, the malleability of law and rights, their problematic conceptualization of childhood, and their context-insensitivity often beget harm to disempowered communities, young and old alike. ... 

Doubtless, human rights can help highlight and confront certain instances of inequality, exclusion, and oppression. However, in their current institutional and ideational configuration, they tend to focus on technical violations and remedial solutions, without systematically exposing—let alone challenging—the root political and economic causes of injustice. In the process, intentionally or not, they can end up marginalizing more radical emancipatory discourses ... In large part, this state of affairs stems from, and contributes to, the legalism of human rights. It is predominantly in legal terms that the dominant human rights discourse of today, and the associated human rights scholarship, frame harm and solutions. ... 

Drawing on cross-disciplinary literature, this book also takes as its point of departure that neither “children” nor “adults” are merely preexisting groups to be served, regulated, or governed by law and human rights. Rather, each is in large part a socially manufactured category, one that is delineated, reinforced, challenged, and weaponized by historically and geographically contingent forces. Key among these forces are practices and discourses relating to law and human rights, whose role in shaping the meaning, nature, effects, and uses of childhood is a central concern of this book. ... 

In a marked departure from most of the existing legal and human rights literature, I analyze childhood from a social constructionist perspective. Such a viewpoint ... rejects any idea that childhood rests on some pregiven ... nature and contends that notions of childhood ... are a way of looking, a category of thought, a representation. ... In line with this perspective, I generally avoid using the ... categories “children” and “adults” in this book, opting instead for phrases such as “young people” and “those over the age of majority” respectively. ...

Further, ... I systematically demonstrate how child law is no less concerned with ... “adults” [including] not only those directly responsible for young people—parents, teachers, social workers, and so forth—but also countless others without such direct responsibility. I thus reveal the Israeli judiciary’s attempt to use the punishment of Palestinians under the age of majority as a deterrent to older Palestinians (Chapters 3 and 6), as well as Israel’s efforts to limit the influence of imprisoned Palestinians aged 18 and over by separating them from their younger counterparts (Chapter 4). ... 

[Moreover], the legal and social category “childhood” is not applied exclusively to those legally defined as “children”. Instead, childhood connotes behaviors and personality traits, elicits particular emotions and moral judgments, warrants certain modes of control, and ... draws spatiotemporal boundaries, thereby making itself readily applicable to people of all ages. One manifestation of these issues I examine in this book is infantilization—the portrayal or treatment of adults, in the legal sense of the word, as children. Specifically, I lay bare the infantilization of two political players: soldiers and the Israeli legal system. The former, as I argue in Chapter 7, have been repeatedly characterized as children or childish, including in those rare cases where soldiers were convicted of abusing or killing young Palestinians. The latter, as I explain in Chapter 8, has been likened to a child for its purported rigidity toward settler youth. ... 

This book is largely based on my analysis of hundreds of [sources] ... collected between the years 2007 and 2020, whose authors are the Israeli legal system and its human rights critics, local and international. Hardly any of these documents have thus far been studied, and many of them are not in the public domain. ... The documents under scrutiny can be divided into three main groups. The first consists of human rights publications ... The second, analyzed in Chapters 6–8, contains materials concerning Israelis in conflict with Israeli law ... [including both settlers and soldiers]. ... 

The third and largest group of Israeli legal materials concerns Palestinians in conflict with Israeli law ... [including] hundreds of military law documents: judgments and statutes. Though Israeli military judgments are not formally secret, one of the challenges for researchers is that most of them are not publicly accessible. ... [Recent] military court of appeals judgments [are available in an] ... Israeli online commercial legal database ..., where I found relevant cases through several keyword searches over the past few years. However, earlier decisions by the military court of appeals usually remain unpublished ..., [as do] first-instance judgments, which ... constitute the overwhelming majority of military court decisions. ... 

[Following] two years of attempts to get hold of unpublished military court decisions, I gained from the military court administration access to several dozen unpublished military cases ... Under surveillance by specially assigned soldiers, I was allowed to read some of the requested cases at the Ofer military court, located near the city of Ramallah in the West Bank. ... [Later], I gained access to the so-called archive (a small and cluttered portable cabin) of the Salem military court, on the West Bank’s northern border. ... In Chapter 2, I provide the findings of a quantitative analysis of ... 155 files [concerning Palestinian under-18s, which I found in the Salem military court archive] ... At the same time, unlike the proclivity of some quantitative researchers to reduce representativeness to numbers and size, my quantitative analysis of the 155 military court files does not profess to be any more representative of “reality” than the non-quantitative analysis of other materials (including hundreds of other military court decisions). ...

Also informing this book are observations I made while attending hearings at the Ofer military court, as well as my other experiences at both Ofer and Salem military courts. ... [By combining these different methods, this book aims] to offer a rich and hopefully reflexive interpretation of the materials at hand.

 

Note: The book’s 49-page introductory chapter is freely available to read here.

New Texts Out Now: Mandy Turner and Cherine Hussein, guest eds. "Israel-Palestine after Oslo: Mapping Transformations in a Time of Deepening Crisis." Special Issue of Conflict, Security & Development

Conflict, Security and Development, Volume 15, No. 5 (December 2015) Special issue: "Israel-Palestine after Oslo: Mapping Transformations in a Time of Deepening Crisis," Guest Editors: Mandy Turner and Cherine Hussein.

Jadaliyya (J): What made you compile this volume?

Mandy Turner (MT): Both the peace process and the two-state solution are dead. Despite more than twenty years of negotiations, Israel’s occupation, colonization and repression continue–and the political and geographical fragmentation of the Palestinian people is proceeding apace.

This is not news, nor is it surprising to any keen observer of the situation. But what is surprising–and thus requires explanation – is the resilience of the Oslo framework and paradigm: both objectively and subjectively. It operates objectively as a straitjacket by trapping Palestinians in economic and security arrangements that are designed to ensure stabilization and will not to lead to sovereignty or a just and sustainable solution. And it operates subjectively as a straitjacket by shutting out discussion of alternative ways of understanding the situation and ways out of the impasse. The persistence of this framework that is focused on conflict management and stabilization, is good for Israel but bad for Palestinians.

The Oslo peace paradigm–of a track-one, elite-level, negotiated two-state solution–is therefore in crisis. And yet it is entirely possible that the current situation could continue for a while longer–particularly given the endorsement and support it enjoys from the major Western donors and the “international community,” as well as the fact that there has been no attempt to develop an alternative. The immediate short-term future is therefore bleak.

Guided by these observations, this special issue sought to undertake two tasks. The first task was to analyze the perceptions underpinning the Oslo framework and paradigm as well as some of the transformations instituted by its implementation: why is it so resilient, what has it created? The second task, which follows on from the first, was then to ask: how can we reframe our understanding of what is happening, what are some potential alternatives, and who is arguing and mobilizing for them?

These questions and themes grew out of a number of conversations with early-career scholars – some based at the Kenyon Institute in East Jerusalem, and some based in the occupied Palestinian territory and elsewhere. These conversations led to two interlinked panels at the International Studies Association annual convention in Toronto, Canada, in March 2014. To have two panels accepted on “conflict transformation and resistance in Palestine” at such a conventional international relations conference with (at the time unknown) early-career scholars is no mean feat. The large and engaged audience we received at these panels – with some very established names coming along (one of whom contributed to this special issue) – convinced us that this new stream of scholars and scholarship should have an outlet.  

J: What particular topics, issues, and literatures do the articles address?

MT: The first half of the special issue analyzes how certain problematic assumptions shaped the Oslo framework, and how the Oslo framework in turn shaped the political, economic and territorial landscape.

Virginia Tilley’s article focuses on the paradigm of conflict resolution upon which the Oslo Accords were based, and calls for a re-evaluation of what she argues are the two interlinked central principles underpinning its worldview: internationally accepted notions of Israeli sovereignty; and the internationally accepted idea that the “conflict” is essentially one between two peoples–the “Palestinian people” and the “Jewish people”. Through her critical interrogation of these two “common sense” principles, Tilley proposes that the “conflict” be reinterpreted as an example of settler colonialism, and, as a result of this, recommends an alternative conflict resolution model based on a paradigm shift away from an ethno-nationalist division of the polity towards a civic model of the nation.

Tariq Dana unpacks another central plank of the Oslo paradigm–that of promoting economic relations between Israel and the OPT. He analyses this through the prism of “economic peace” (particularly the recent revival of theories of “capitalist peace”), whose underlying assumptions are predicated on the perceived superiority of economic approaches over political approaches to resolving conflict. Dana argues that there is a symbiosis between Israeli strategies of “economic peace” and recent Palestinian “statebuilding strategies” (referred to as Fayyadism), and that both operate as a form of pacification and control because economic cooperation leaves the colonial relationship unchallenged.

The political landscape in the OPT has been transformed by the Oslo paradigm, particularly by the creation of the Palestinian Authority (PA). Alaa Tartir therefore analyses the basis, agenda and trajectory of the PA, particularly its post-2007 state building strategy. By focusing on the issue of local legitimacy and accountability, and based on fieldwork in two sites in the occupied West Bank (Balata and Jenin refugee camps), Tartir concludes that the main impact of the creation of the PA on ordinary people’s lives has been the strengthening of authoritarian control and the hijacking of any meaningful visions of Palestinian liberation.

The origin of the administrative division between the West Bank and Gaza Strip is the focus of Tareq Baconi’s article. He charts how Hamas’s initial opposition to the Oslo Accords and the PA was transformed over time, leading to its participation (and success) in the 2006 legislative elections. Baconi argues that it was the perceived demise of the peace process following the collapse of the Camp David discussions that facilitated this change. But this set Hamas on a collision course with Israel and the international community, which ultimately led to the conflict between Hamas and Fateh, and the administrative division, which continues to exist.

The special issue thereafter focuses, in the second section, on alternatives and resistance to Oslo’s transformations.

Cherine Hussein’s article charts the re-emergence of the single-state idea in opposition to the processes of separation unleashed ideologically and practically that were codified in the Oslo Accords. Analysing it as both a movement of resistance and as a political alternative to Oslo, while recognizing that it is currently largely a movement of intellectuals (particularly of diaspora Palestinians and Israelis), Hussein takes seriously its claim to be a more just and liberating alternative to the two-state solution.

My article highlights the work of a small but dedicated group of anti-Zionist Jewish-Israeli activists involved in two groups: Zochrot and Boycott from Within. Both groups emerged in the post-Second Intifada period, which was marked by deep disillusionment with the Oslo paradigm. This article unpacks the alternative – albeit marginalized – analysis, solution and route to peace proposed by these groups through the application of three concepts: hegemony, counter-hegemony and praxis. The solution, argue the activists, lies in Israel-Palestine going through a process of de-Zionization and decolonization, and the process of achieving this lies in actions in solidarity with Palestinians.

This type of solidarity action is the focus of the final article by Suzanne Morrison, who analyses the “We Divest” campaign, which is the largest divestment campaign in the US and forms part of the wider Palestinian Boycott, Divestment and Sanctions movement. Through attention to their activities and language, Morrison shows how “We Divest”, with its networked, decentralized, grassroots and horizontal structure, represents a new way of challenging Israel’s occupation and the suppression of Palestinian rights.

The two parts of the special issue are symbiotic: the critique and alternative perspectives analyzed in part two are responses to the issues and problems identified in part one.

J: How does this volume connect to and/or depart from your previous work?

MT: My work focuses on the political economy of donor intervention (which falls under the rubric of “peacebuilding”) in the OPT, particularly a critique of the Oslo peace paradigm and framework. This is a product of my broader conceptual and historical interest in the sociology of intervention as a method of capitalist expansion and imperial control (as explored in “The Politics of International Intervention: the Tyranny of Peace”, co-edited with Florian Kuhn, Routledge, 2016), and how post-conflict peacebuilding and development agendas are part of this (as explored in “Whose Peace: Critical Perspectives on the Political Economy of Peacebuilding”, co-edited with Michael Pugh and Neil Cooper (PalgraveMacmillan, 2008).  

My first book on Palestine (co-edited with Omar Shweiki), Decolonizing Palestinian Political Economy: De-development and Beyond (PalgraveMacmillan, 2014), was a collection of essays by experts in their field, of the political-economic experience of different sections of the Palestinian community. The book, however, aimed to reunite these individual experiences into one historical political-economy narrative of a people experiencing a common theme of dispossession, disenfranchisement and disarticulation. It was guided by the desire to critically assess the utility of the concept of de-development to different sectors and issues–and had a foreword by Sara Roy, the scholar who coined the term, and who was involved in the workshop from which the book emerged.

This co-edited special issue (with Cherine Hussein, who, at the time of the issue construction, was the deputy director of the Kenyon Institute) was therefore the next logical step in my research on Palestine, although my article on Jewish-Israeli anti-Zionists did constitute a slight departure from my usual focus.

J: Who do you hope will read this volume, and what sort of impact would you like it to have?

MT: I would imagine the main audience will be those whose research and political interests lie in Palestine Studies. It is difficult, given the structure of academic publishing – which has become ever more corporate and money grabbing – for research outputs such as this to be accessed by the general public. Only those with access to academic libraries are sure to be able to read it – and this is a travesty, in my opinion. To counteract this commodification of knowledge, we should all provide free access to our outputs through online open source websites such as academia.edu, etc. If academic research is going to have an impact beyond merely providing more material for teaching and background reading for yet more research (which is inaccessible to the general public) then this is essential. Websites such as Jadaliyya are therefore incredibly important.

Having said all that, I am under no illusions about the potential for ANY research on Israel-Palestine to contribute to changing the dynamics of the situation. However, as a collection of excellent analyses conducted by mostly early-career scholars in the field of Palestine studies, I am hopeful that their interesting and new perspectives will be read and digested. 

J: What other projects are you working on now?

MT: I am currently working on an edited volume provisionally entitled From the River to the Sea: Disintegration, Reintegration and Domination in Israel and Palestine. This book is the culmination of a two-year research project funded by the British Academy, which analyzed the impacts of the past twenty years of the Oslo peace framework and paradigm as processes of disintegration, reintegration and domination – and how they have created a new socio-economic and political landscape, which requires new agendas and frameworks. I am also working on a new research project with Tariq Dana at Birzeit University on capital and class in the occupied West Bank.

Excerpt from the Editor’s Note 

[Note: This issue was published in Dec. 2015]

Initially perceived to have inaugurated a new era of hope in the search for peace and justice in Palestine-Israel, the Oslo peace paradigm of a track one, elite-level, negotiated two-state solution is in crisis today, if not completely at an end.

While the major Western donors and the ‘international community’ continue to publicly endorse the Oslo peace paradigm, Israeli and Palestinian political elites have both stepped away from it. The Israeli government has adopted what appears to be an outright rejection of the internationally-accepted end-goal of negotiations, i.e. the emergence of a Palestinian state based on the 1967 borders with East Jerusalem as its capital. In March 2015, in the final days of his re-election campaign, Israeli Prime Minister, Benjamin Netanyahu, visited the Jewish settlement of Har Homa in Palestinian East Jerusalem, which is regarded as illegal under international law. Reminding its inhabitants that it was him and his Likud government that had established the settlement in 1997 as part of the Israeli state’s vision of a unified indivisible Jerusalem, he promised to expand the construction of settlements in East Jerusalem if re-elected. And in an interview with Israeli news site, NRG, Netanyahu vowed that the prospects of a Palestinian state were non-existent as long as he remained in office. Holding on to the occupied Palestinian territory (oPt), he argued, was necessary to ensure Israel’s security in the context of regional instability and Islamic extremism. It is widely acknowledged that Netanyahu’s emphasis on Israel’s security—against both external and internal enemies—gave him a surprise win in an election he was widely expected to lose.

Despite attempts to backtrack under recognition that the US and European states are critical of this turn in official Israeli state policy, Netanyahu’s promise to bury the two-state solution in favour of a policy of further annexation has become the Israeli government’s official intent, and has been enthusiastically endorsed by leading ministers and key advisers.

[…]

The Palestinian Authority (PA) based in the West Bank also appears to have rejected a key principle of the Oslo peace paradigm—that of bilateral negotiations under the supervision of the US. Despite a herculean effort by US Secretary of State, John Kerry, to bring the two parties to the negotiating table, in response to the lack of movement towards final status issues and continued settlement expansion (amongst other issues), the Palestinian political elite have withdrawn from negotiations and resumed attempts to ‘internationalise the struggle’ by seeking membership of international organisations such as the United Nations (UN), and signing international treaties such as the Rome Statute, the founding treaty of the International Criminal Court. This change of direction is part of a rethink in the PA and PLO’s strategy rooted in wider discussions and debates. The publication of a document by the Palestine Strategy Study Group (PSSG) in August 2008, the production of which involved many members of the Palestinian political elite (and whose recommendations were studiously discussed at the highest levels of the PA and PLO), showed widespread discontent with the bilateral negotiations framework and suggested ways in which Palestinians could ‘regain the initiative’.

[…]

And yet despite these changes in official Palestinian and Israeli political strategies that signal a deepening of the crisis, donors and the ‘international community’ are reluctant to accept the failure of the Oslo peace paradigm. This political myopia has meant the persistence of a framework that is increasingly divorced from the possibility of a just and sustainable peace. It is also acting as an ideological straitjacket by shutting out alternative interpretations. This special issue seeks a way out of this political and intellectual dead end. In pursuit of this, our various contributions undertake what we regard to be two key tasks: first, to critically analyse the perceptions underpinning the Oslo paradigm and the transformations instituted by its implementation; and second, to assess some alternative ways of understanding the situation rooted in new strategies of resistance that have emerged in the context of these transformations in the post-Oslo landscape.

[…]

Taken as a whole, the articles in this special issue aim to ignite conversations on the conflict that are not based within abstracted debates that centre upon the peace process itself—but that begin from within the realities and geographies of both the continually transforming land of Palestine-Israel and the voices, struggles, worldviews and imaginings of the future of the people who presently inhabit it. For it is by highlighting these transformations, and from within these points of beginning, that we believe more hopeful pathways for alternative ways forward can be collectively imagined, articulated, debated and built.