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Author: Chantal Meloni
Publisher: Springer Science & Business Media
ISBN: 9067048194
Category : Law
Languages : en
Pages : 593
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Book Description
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
Author: Chantal Meloni
Publisher: Springer Science & Business Media
ISBN: 9067048194
Category : Law
Languages : en
Pages : 593
Get Book Here
Book Description
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
Author: Noura Erakat
Publisher: Stanford University Press
ISBN: 1503608832
Category : History
Languages : en
Pages : 405
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Book Description
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Author: Mark Kersten
Publisher: Oxford University Press
ISBN: 0191082945
Category : Law
Languages : en
Pages : 273
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Book Description
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Author: David Kretzmer
Publisher:
ISBN: 0190696028
Category : Law
Languages : en
Pages : 561
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Book Description
The book provides a critical analysis of the manner in which the Israeli Supreme Court has dealt with petitions relating to the actions and policies of the Israeli authorities in the West Bank and Gaza, which were occupied by Israel in 1967. It offers an exhaustive analysis of the Court's decisions on a variety of topics, including civilian settlements, the separation barrier, punitive house demolitions, and conduct of hostilities.
Author: Lisa Hajjar
Publisher: Univ of California Press
ISBN: 0520937988
Category : History
Languages : en
Pages : 337
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Book Description
Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.
Author: Khaled Elgindy
Publisher: Brookings Institution Press
ISBN: 0815731566
Category : History
Languages : en
Pages : 288
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Book Description
A critical examination of the history of US-Palestinian relations The United States has invested billions of dollars and countless diplomatic hours in the pursuit of Israeli-Palestinian peace and a two-state solution. Yet American attempts to broker an end to the conflict have repeatedly come up short. At the center of these failures lay two critical factors: Israeli power and Palestinian politics. While both Israelis and Palestinians undoubtedly share much of the blame, one also cannot escape the role of the United States, as the sole mediator in the process, in these repeated failures. American peacemaking efforts ultimately ran aground as a result of Washington’s unwillingness to confront Israel’s ever-deepening occupation or to come to grips with the realities of internal Palestinian politics. In particular, the book looks at the interplay between the U.S.-led peace process and internal Palestinian politics—namely, how a badly flawed peace process helped to weaken Palestinian leaders and institutions and how an increasingly dysfunctional Palestinian leadership, in turn, hindered prospects for a diplomatic resolution. Thus, while the peace process was not necessarily doomed to fail, Washington’s management of the process, with its built-in blind spot to Israeli power and Palestinian politics, made failure far more likely than a negotiated breakthrough. Shaped by the pressures of American domestic politics and the special relationship with Israel, Washington’s distinctive “blind spot” to Israeli power and Palestinian politics has deep historical roots, dating back to the 1917 Balfour Declaration and the British Mandate. The size of the blind spot has varied over the years and from one administration to another, but it is always present.
Author: Norman Finkelstein
Publisher: Univ of California Press
ISBN: 0520318331
Category : History
Languages : en
Pages : 438
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Book Description
The Gaza Strip is among the most densely populated places in the world. More than two-thirds of its inhabitants are refugees, and more than half are under eighteen years of age. Since 2004, Israel has launched eight devastating "operations" against Gaza's largely defenseless population. Thousands have perished, and tens of thousands have been left homeless. In the meantime, Israel has subjected Gaza to a merciless illegal blockade. Norman G. Finkelstein presents a meticulously researched inquest into Gaza's martyrdom. He shows that although Israel justified its assaults in the name of self-defense, in fact these actions constituted flagrant violations of international law. He also documents that the guardians of international law -- from Amnesty International and Human Rights Watch to the UN Human Rights Council -- ultimately failed Gaza.
Author: Omar Shakir
Publisher:
ISBN:
Category : Arab-Israeli conflict
Languages : en
Pages : 217
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Book Description
"The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.
Author: Seada Hussein Adem
Publisher: Springer
ISBN: 9462652910
Category : Law
Languages : en
Pages : 239
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Book Description
This book deals with the possible investigation and prosecution by the International Criminal Court (ICC) of crimes allegedly committed in the Israeli-Palestinian conflict. In light of the Rome Statute and the Practice of the Office of the Prosecutor of the Court, among others, it examines the route, possible outcomes, and challenges that may arise were the Palestine situation to be brought before the ICC. The subject matter is approached using the route the Prosecutor of the Court would generally employ to deal with situations. The publication offers a step-by-step procedure by which to conduct the preliminary examination and investigation of the situation in Palestine and deals with matters of jurisdiction, followed by a discussion of the fundamental concepts of complementarity and gravity to determine the admissibility before the ICC. Alleged crimes particularly unique to the Israeli-Palestinian conflict, such as the construction of settlements, forced displacement, house demolitions, the expropriation of land, the crime of apartheid and the blockade of Gaza, are dealt with in light of the Rome Statute and international law. On the basis of the established theories of transitional justice, the possible impacts of an ICC investigation and prosecution on the conflict are analysed and a number of insights are shared with regard to the impacts of the ICC on combatting impunity, fostering Palestine’s statehood, peace negotiations and the stability of the region. Due to the politicisation of the conflict and the various interests at stake, the impact of the ICC’s involvement on the credibility of the ICC itself is also reviewed. Recognizing the numerous impacts of the conflict on the existence of the two nations and the multitude of causes for its perpetuity, it does not limit itself to the ICC, but also provides other conflict resolution alternatives that could enable reconciliation and sustainable peace in the region. This book provides an array of opinions and a crucial input for researchers and practitioners alike, while it is also useful to those investigating and possibly involved in prosecutions regarding Palestine or other similar situations before the ICC. Seada Hussein Adem obtained a PhD from Humboldt University of Berlin, Germany, an LLM from the University of the Western Cape, South Africa, and an LLB from Haramaya University, Ethiopia./div
Author: Amira Hass
Publisher: Metropolitan Books
ISBN: 1466884533
Category : Biography & Autobiography
Languages : en
Pages : 404
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Book Description
In 1993, Amira Aass, a young Israeli reporter, drove to Gaza to cover a story - and stayed, the first journalist to live in the grim Palestinian enclave so feared and despised by most Israelis that, in the local idiom, "Go to Gaza" is another way to say "Go to hell." Now, in a work of calm power and painful clarity, Hass reflects on what she has seen in Gaza's gutted streets and destitute refugee camps. Drinking the Sea at Gaza maps the zones of ordinary Palestinian life. From her friends, Hass learns the secrets of slipping across sealed borders and stealing through night streets emptied by curfews. She shares Gaza's early euphoria over the peace process and its subsequent despair as hope gives way to unrelenting hardship. But even as Hass charts the griefs and humiliations of the Palestinians, she offers a remarkable portrait of a people not brutalized but eloquent, spiritually resilient, bleakly funny, and morally courageous. Full of testimonies and stories, facts and impressions, Drinking the Sea at Gaza makes an urgent claim on our humanity. Beautiful, haunting, and profound, it will stand with the great works of wartime reportage, from Michael Herr's Dispatches to Rian Malan's My Traitor's Heart.
