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1
Radman, Mahyoub Hassan. "Jerusalem in the contents of the deal of the century “contents and analysis”." Yemen University Journal 8, no. 8 (February 11, 2023): 1–34. http://dx.doi.org/10.57117/j.v8i8.52022.
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There is no doubt that the study of the issue of Jerusalem in the contents of the American-Zionist peace plan or the so-called deal of the century was based on several hypotheses and questions in order to achieve a number of goals, and to highlight the real facts and information about the issue of Jerusalem throughout the different eras, to refute the allegations, false information and fallacies that came in the contents of the deal. The first, second, and fifth hypotheses were proven to be unreliable, while the third and fourth hypotheses were completely proven, and after the study proved the credibility of some hypotheses and the wrongness of others, and answered all the questions raised, the study reached some results, and made some recommendations. Theoretical framework: There is no doubt in saying that the deal of the century, or in a more precise sense, a trick or slap of the century that was developed according to the desires and whims of the Zionists and Americans, seeking to impose it on the Arabs, whether in light of the torn and dispersed Arab reality, or violence and civil wars in some Arab countries, and with the support and participation of some Arabs aspiring to power and they have Political visions and aspirations. They seek, with or without realization, to achieve foreign agendas and plans, whether through their direct participation in these wars on the one hand, or adopting the financing of the deal to make it a success out of their desire to please the United States of America, and in order to provide . First: – Previous Studies “Articles ” support in order to reach power 1. Deal of the Century, Analysis and Alternatives” , In return for ” highlighting Judaism as an eternal religion in Jerusalem, and analyzing the contents of the deal regarding Jerusalem on the other hand, and benefiting from it will be in several aspects. 2. The deal of the century: a deal between Trump and Netanyahu to liquidate the cause and rights of the people of Palestine. This paper deals with the deal in general through an introduction to Trump’s rise to power, and his administration’s move to publish its unilateral plan, which had been promoted and its main elements leaked with regard to Jerusalem, refugees and settlements, after putting it into practice according to the principle of imposing peace by force and imposing solutions and dictates. It is noted that the paper has dealt with the deal from multiple aspects, and can be used in relation to the status of Jerusalem and what is related to it. Second: The problem and importance of the study: based on the fact that the Zionist-Palestinian sides signed the Oslo peace agreement in 1993 AD, and they have more than a quarter of a century, and they are still farther than ever, and that the Zionist-Palestinian conflict is the most difficult, and that the occupied city of Jerusalem is a focal point In this struggle, the in-depth reading of the deal in terms of content and repetition is to emphasize the things that serve the Zionist entity, and the connotations, expressions, overtones, and the disregard and transgression of the Palestinian existence and right. Hence the importance of the objective study, since it is related to the issue of Jerusalem in the American-Zionist deal, that sensitive and thorny issue in the Arab-Zionist conflict since the declaration of the state of the Zionist entity, and the strategy of occupation and annexation of this city from then, until the announcement of the Trump deal at the beginning of the year 2020 AD, in addition to transferring The American embassy from Tel Aviv to Jerusalem, in addition to the American endeavor to impose the deal of the century by force in light of the torn Arab situation, and the support of some Arab countries for this deal and the announcement of their support and financing. As for the scientific importance, it stems from the lack of scientific studies on this issue, if not non-existent, especially since the deal is recent, announced at the beginning of the year 2020 AD. It is a scientific addition to the Yemeni libraries in particular, and the Arab and Palestinian libraries in general. Third: Study questions and hypotheses: The American measures, whether moving the embassy from Tel Aviv to Jerusalem, or announcing the plan and seeking to implement it despite its provisions and contents, perpetuate and legitimize the continuation of the occupation on the one hand, and undermine the previous peace negotiations (Oslo 2), and in violation of international resolutions on Jerusalem on the other hand, these past and current American steps It raises two big questions: To what extent does the plan or deal agree, whether with the historical, natural, political, and geographical rights of the Palestinians, or with international laws, customs, and decisions regarding Jerusalem? And what is the extent of the bias of the American mediator in implementing settlement policies, visions, ideas, and Zionist plans? These two questions raise many subsidiary questions, such as: What does Jerusalem mean to Arabs and Muslims? And why Jerusalem?, What is the strategy of the Zionist entity in Jerusalem since its occupation in 1967 AD?, What are the terms and contents of the plan regarding Jerusalem?, And what is the vision of the plan for the issue of Jerusalem? To which party does it depend? Is the plan consistent with previous agreements and international resolutions? What are the reasons and motives that prompted the US administration during the Trump era to take such measures, especially in Jerusalem? Do these measures achieve peace between the Palestinians and the Zionists? And what did the deal give? Or the plan for the Palestinians in Jerusalem? As for the assumptions, they are as follows: 1.There is a real and strong connection between the Jews and Jerusalem 2.The historical evidence proves that the Zionist state was a trustworthy guardian of the holy places in Jerusalem, and no one else, as the deal claims. 3.There is a direct relationship between the Zionist measures and policies in Jerusalem, and the American positions. 4.There is a strong correlation between the Arab and Palestinian situations, the transfer of the US embassy from Tel Aviv to Jerusalem, the launch of the US-Zionist deal, and the contents of the plan regarding Jerusalem. 5.The contents of the plan and related to the issue of Jerusalem are consistent with international laws and resolutions, customs and traditions followed in peace plans, and serve the achievement of peace between the Zionists, Arabs and Palestinians. Fourth: The methodology used, the study relies on two approaches: The legal approach, and the analytical approach, the legal one is used in order to highlight the extent of the legality and legitimacy of the contents of the plan, and its commitment to international covenants, customs, agreements, laws and decisions, aspects of agreement or violation of international law and international decisions, and the legality of the Zionist or American actions in Jerusalem, while the analytical approach is in the historical and descriptive part to find out Some historical aspects of the city of Jerusalem, and the Zionist policies and procedures that have not stopped since the occupation of Jerusalem in 1967, and are still continuing until the emergence of the deception deal in order to: Judaize the city, and obliterate its Islamic and Christian cultural and religious identity and its archaeological monuments. As for the analytical part, it relates to analyzing the American position that is supportive of either the Zionist measures and policies in Jerusalem, or in international forums to obstruct the decisions issued regarding the Palestinian cause and Jerusalem. Fifth: Objectives: The study seeks to achieve the following objectives: 1.Showing the vision of the deal for the city of Jerusalem and its dependency through the contents and statements. 2.Highlighting aspects of agreement or disagreement in these contents, whether with international rights, laws and decisions, or international covenants such as the Charter of the United Nations, the Arab League, and the Organization of the Islamic Conference. 3.Revealing the bias of the American mediator in the Palestinian-Zionist negotiations, and in the terms and contents of the deal that former President Trump sought to implement in favor of the Zionist entity. 4.Clarifying the aspects of manipulation in terms, words, and general, ambiguous and elastic expressions in the contents with regard to Palestinian rights in Jerusalem, and the accuracy, clarity, and repetition of Zionist rights in Jerusalem. 5.Introducing the issue of Jerusalem and its subordination before the declaration of the Zionist entity’s state, and following Zionist policies in Jerusalem since 1967 AD.
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Ghanem, Hunaida. "Womenʼs Rights—A Case Study of Palestinian Arabs." Journal of Ambulatory Care Management 30, no. 2 (April 2007): 173–78. http://dx.doi.org/10.1097/01.jac.0000264608.88241.fe.
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Hamad, Assist Prof Dr Jamal Faisal. "The Algerian's Position of the Arab Solidarity towards the Palestinian Issue." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 224, no. 2 (October 26, 2018): 225–40. http://dx.doi.org/10.36473/ujhss.v224i2.275.
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The study of the Algerian position from the Arabs solidarity towards Palestine since 1962-1978 is important to disclose the Algerian role in supporting pedestrians, especially the division decree, and it represents the reality of the Algerian solidarity before as in dependence , Algeria in the era of Bin Bela and Huwary Bumidian worked hard to create the march for the Arab population and allowed the chance to unions, organization and the national forces that have the authority to take its part in the support of Palestinians by conducting national and international conferences on massive scales to win the support from all Arabs to participate in stopping the "Israel" aggression and expansion against the Palestinians, there is no doubt that Algeria by its leaders throughout its meetings and conferences called constantly to encounter the "Israel" aggression and expansion, and supported the Palestine rights.
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Shtayah, Mohammad. "Civil Peace of Palestinian Society between the Rule of Law and the Tribal Customary Law Analytical Study”." Al-Zaytoonah University of Jordan Journal for Legal Studies 3, no. 3 (November 30, 2022): 4–26. http://dx.doi.org/10.15849/zujjls.221130.01.
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Abstract Human rights are indivisible and are considered as the basis of enjoyment of civil, political, economic, social, and cultural rights. It also ensures safe environment to exercise these rights through sustaining civil peace under the rule of law. Therefore, the researcher utilised the historical and analytical descriptive approaches. The findings confirm: first, that civil peace is a fundamental pillar of sustainable development of societies. Second, civil peace in Palestine is at its worst and at risk. In addition to this, the consequences of the collapse of civil peace in Palestinian society will have serious repercussions on the Palestinian cause. The researcher then reached a number of recommendations to restore civil peace in Palestinian society, some of which are: First, to renounce the culture of violence that sowed hatred and revenge among younger generations. Next, to invite the Supreme Council of the Judiciary to develop judges' skills and legal expertise. Then, to call on judges to expedite the disposition of cases before them to ensure fairness of the justice system. Finally, to call on the Palestinian legislature to codify the relationship between tribal customary law and the rule of law. Keywords: Tribal customary law, civil peace, rule of law, relationship of the tribal customary law and civil peace.
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Jayusi, Wurud, and Adi Binhas. "NGOs for a Shared Society in Israel." Israel Studies Review 38, no. 1 (March 1, 2023): 51–73. http://dx.doi.org/10.3167/isr.2023.380104.
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Abstract In societies experiencing intractable conflicts, civil society may seek conflict-management solutions that are not necessarily political or institutional. Israel, with a century-old conflict between Jews and Palestinian Arabs, has various NGOs trying to bring both sides together in different ways. The present study focuses on four such NGOs: Merchavim, Hand in Hand, Abraham Initiatives, and Sikkuy-Aufoq. Drawing on their websites and publications as well as interviews with their Jewish and Palestinian directors, it offers a comparative analysis of their goals, strategies, collaborations, evaluation methods, difficulties, and aspirations. The findings point to similarities and differences between the organizations’ agendas, painting a picture of the key issues confronting efforts to build a shared society in Israel.
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Amara, Muhammad. "Hebraic, the emerging new variety among Palestinians in Israel: Characteristics and sociolinguistic reflections." Journal of Arabic Sociolinguistics 2, no. 1 (March 2024): 33–51. http://dx.doi.org/10.3366/arabic.2024.0021.
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Language is not abstracted from reality but responds to emerging changes. Arabic-Hebrew contact among Palestinians in Israel offers a fertile background for a study of sociopolitical conflicts, given the unique civil and national status of Palestinian citizens of Israel, a polity defined and perceived as a Jewish state. The current article focuses on Arabic-Hebrew contact in Israel. More specifically, it describes Hebraic, the formation of a “new variety” – Arabic mixed with Hebrew in the linguistic repertoire of Palestinian Arabs, citizens of Israel. The linguistic characteristics and the motives that led to its creation are described. The sociolinguistic reflections in relation to identity are introduced to provide explanations for its formation and its meaning.
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Kattan, Victor. "The Nationality of Denationalized Palestinians." Nordic Journal of International Law 74, no. 1 (2005): 67–102. http://dx.doi.org/10.1163/1571810054301004.
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AbstractOne in three refugees in the world today is Palestinian. The majority of these refugees have no nationality because they were denationalised by Israel's Nationality Law in 1952 after they had fled or been expelled from their homeland in 1948. Israel has refused to allow the majority Palestinian refugees, being displaced in 1948, the right to return to their homes in contravention of U.N. General Assembly Resolution 194 (III). Israel has also refused to allow the majority of Palestinians displaced in 1967 the right to return to their homes despite appeals from the International Committee of the Red Cross and despite calls from the UN Security Council. Since then Israel has manipulated the laws of occupation by transferring its civilian population into the territory it occupies whilst subjecting the indigenous Palestinian population to military law. In 2003, Israel enacted racially discriminatory legislation in the form of the Nationality and Entrance into Israel Law which the U.N. Human Rights Committee has specifically requested Israel revoke. This legislation restricts nationality and residency rights for Arabs resident in the Occupied Palestinian Territories whilst specifically excluding Jewish settlers from its application. These are some examples of the lengths to which the State of Israel is prepared to go – in order to maintain a Jewish majority in the country – even if they violate international law. This paper will examine whether the forced displacement and denationalization of Palestine's original non-Jewish inhabitants – including an examination of Israel's Nationality and Entrance into Israel Law (2003) – are compatible with the basic principles of international law today.
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Schejter, Amit. "‘The Stranger That Dwelleth with You Shall Be unto You as One Born among You’—Israeli Media Law and the Cultural Rights of the ‘Palestinian-Israeli’ Minority." Middle East Journal of Culture and Communication 1, no. 2 (2008): 156–79. http://dx.doi.org/10.1163/187398608x335810.
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AbstractThe media and communication rights of Palestinians in Israel are designed to deny them of collective cultural rights, specifically the right to express their identity through the mass media and to participate equally in the process of national culture building. Through a critical analysis of the documents that shape the media industry in Israel and their historical evolution, this paper lays bare the assumptions underlying Israeli media policies. The policies are designed in a discourse branding ‘Palestinian-Israelis’ a linguistic minority, and portraying them as the ‘enemy within’, thus barring their participation in the development of Israeli culture by limiting their electronic media participation to separate channels targeting both them and Arabs in neighboring states. The paper argues that this policy stems from a narrow interpretation of ‘democracy’ that rejects identification with the Orient and embraces neo-liberalism.
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Mehdi, Muhammad Anser, and Uffaq Khalid. "Application of Edward Azar's Theory "Protracted Social Conflict": A Case Study of Palestine-Israel Conflict." Global International Relations Review IV, no. III (September 30, 2021): 1–6. http://dx.doi.org/10.31703/girr.2021(iv-iii).01.
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The sacred land of Palestine is under the commotion of blood and smoke.The origin and fundamental grounds of 70 years old between Muslims and the Jewish community. Since the inception of Israel, the western world has supported and expanded the reigns of Israel by shrinking the geographical and religious space for Palestinian Arabs. The conflict embraced ethnoreligious, racial, territorial, and ideological emotions,which remain unresolved even after numerous agreements and accords.The said conflict is evaluated through the lens of Edward Azar’s protracted social conflict theory, which encompasses communal content,governance, deprivation of human rights, and international linkages towards the Palestine- Israel conflict. The paper will highlight the major constraints and deep-rooted causes of the Palestine Israel conflict.
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Chaney, Paul. "Civil Society Perspectives on Children’s Rights in the Occupied Palestinian Territories." International Journal of Children’s Rights 30, no. 1 (February 14, 2022): 7–40. http://dx.doi.org/10.1163/15718182-30010003.
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Abstract “This study analyses civil society organisations’ (cso s’) discourse on children’s rights in the Occupied Palestinian Territories (opt). This is a troubled context, for Israel – the ‘State Party’ to the United Nation’s Convention on the Rights of the Child (crc), disputes that its obligations extend to the opt. In consequence, there has been a dearth of official data and scholarly attention to the situation. Discourse analysis of cso s’ reports to the UN’s monitoring mechanism, the Universal Periodic Review (upr), shows children are affected by a raft of violations including: sexual abuse, violence and inadequate access to health and education. The Israeli state’s engagement with the upr, whilst denying responsibility for the opt, raises questions about legitimation and performativity. The pathologies are compounded by state repression of civil society meaning that the upr is a singular means of highlighting children’s rights abuses in the Occupied Territories.
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Ben-David, Anat. "The Palestinian diaspora on the Web: Between de-territorialization and re-territorialization." Social Science Information 51, no. 4 (November 20, 2012): 459–74. http://dx.doi.org/10.1177/0539018412456769.
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This article analyzes Web-based networks of Palestinian communities in Germany, France, Italy, Austria, Australia, the United States, Canada, Spain, Argentina, Chile and Uruguay. The findings show a thematic and demographic shift from organizations of Palestinian communities abroad to a transnational solidarity network focused on Palestinian rights and the Boycott movement. Although the Palestinian Territories function as the network’s strong center of gravity, analysis of the references reveals that diaspora and non-diaspora actors operate as two distinct but intertwined networks: while diaspora actors are unique in putting emphasis on community as activity type and on diaspora and the right of return as primary cause, non-diaspora actors are mainly dedicated to solidarity as activity and Palestinian rights and the Boycott movement as primary cause. Despite this, ties between diaspora and non-diaspora actors are stronger than among diaspora actors, which indicates that part of the dynamics of Palestinian communities is manifest not just between diaspora communities, but mostly between diaspora communities and civil society organizations in their host societies.
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Fayez Ahmed AL-BZOUR, Omar. "JUVENILE RIGHTS IN PALESTINIAN LAWS AND INTERNATIONAL CONVENTIONS." RIMAK International Journal of Humanities and Social Sciences 4, no. 6 (November 1, 2022): 153–85. http://dx.doi.org/10.47832/2717-8293.20.10.
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This study compares the rights of Juveniles under Palestinian law to those under international treaties. In the Palestinian Children Act, No. 7 of 2004, and Act No. 4 of 2016 on the protection of the juvenile, both of which are compliant with international treaties on children, the Palestinian legislator addresses the rights of children and youth at various levels of criminal proceedings. Additionally, the study demonstrates how Islam, which has a profoundly thorough concern for every aspect of children’s life, upholds the rights of children. At both the international and national levels, the topic of children's rights is of tremendous importance. One of the main goals the State now strives to achieve is the safeguarding of fundamental rights. The children’s rights go beyond the fundamental protections provided by numerous statutes and laws but also encompass protections and rights at every stage of the criminal justice system to ensure juveniles are treated fairly and with the greatest possible regard.Given that this group may be marginalized in society, which may not draw the notice or sympathy of public opinion or the government, it is feasible that their rights may be violated without attracting considerable attention.Among the most egregious breaches perpetrated against Palestinian children are the continual atrocities committed by Israeli occupation forces in the Palestinian territories, which violate all child-protection legislation and agreements, as well as the provisions of international humanitarian law, which provide two types of protection for children: general protection for not participating in hostilities, and particular protection for children who are victims of war crimes.As a result, civil society organizations play an important role in defending and protecting children, as well as monitoring the laws that safeguard them. Keywords: Juvenile Rights, Palestınıan Laws, International Conventions
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Shiblak, Abbas. "Residency Status and Civil Rights of Palestinian Refugees in Arab Countries." Journal of Palestine Studies 25, no. 3 (1996): 36–45. http://dx.doi.org/10.2307/2538257.
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Shiblak, Abbas. "Residency Status and Civil Rights of Palestinian Refugees in Arab Countries." Journal of Palestine Studies 25, no. 3 (April 1996): 36–45. http://dx.doi.org/10.1525/jps.1996.25.3.00p01237.
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Tatari, Eren. "Muslims and Arabs in Western Politics." American Journal of Islam and Society 22, no. 4 (October 1, 2005): 150–52. http://dx.doi.org/10.35632/ajis.v22i4.1678.
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The “Muslims and Arabs in Western Politics” conference, held at IndianaUniversity, Bloomington, on September 22-24, 2005 and organized byAbdulkader Sinno (assistant professor, political science and Middle Easternstudies, Indiana University), was highly enriching and intellectually stimulating.The two public lectures and five panels, ranging from civil rights and libertiesto public perceptions of Muslims, shed light on various aspects of thecomplexities of this field and acquainted the participants with cutting-edgeresearch by leading scholars from North America and Western Europe.James Zogby and David Cole delivered the two public lectures on “TheEmergent Arab-American Political Constituency” and “Paradigms ofPrevention: The Rule of Law and the War on Terror,” respectively. Zogby covered the development of the Arab-American community’s politicalmobilization and inclusion in mainstream American politics throughout thetwentieth century. He narrated his personal experience as a Lebanese immigrantwho had experienced the “hard times” of discrimination and exclusion.In addition, he reported on the significant increase in the political mobilizationof Muslim minorities in the United States over the last few decades,combined with a growing interest from politicians. His speech ended on apositive note: He is convinced that the community’s trajectory will continueto move forward. On the other hand, David Cole’s talk focused on the stateof constitutional law after 9/11. He argued that substantial negative inroadshave been made to the five pillars of the rule of law, namely, equality beforethe law, transparency of procedures, fairness of procedures, checks and balances,and commitment to basic human rights ...
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Peled, Yoav. "Ethnic Democracy and the Legal Construction of Citizenship: Arab Citizens of the Jewish State." American Political Science Review 86, no. 2 (June 1992): 432–43. http://dx.doi.org/10.2307/1964231.
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The citizenship status of its Arab citizens is the key to Israel's ability to function as anethnic democracy, that is, a political system combining democratic institutions with the dominance of one ethnic group. The confluence of republicanism and ethnonationalism with liberalism, as principles of legitimation, has resulted in two types of citizenship: republican for Jews and liberal for Arabs. Thus, Arab citizens enjoy civil and political rights but are barred from attending to the common good.The Arab citizenship status, while much more restricted than the Jewish, has both induced and enabled Arabs to conduct their political struggles within the framework of the law, in sharp contrast to the noncitizen Arabs of the occupied territories. It may thus serve as a model for other dominant ethnic groups seeking to maintain both their dominance and a democratic system of government.
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Muwaffaq Muhammad Abdo Dala’a, Sami Jarad Sweilem Abu Freih, Muwaffaq Muhammad Abdo Dala’a, Sami Jarad Sweilem Abu Freih. "The phenomenon of polygamy in the Palestinian Personal Status low and its legal position: ظاهرة تعدد الزوجات في قانون الأحوال الشخصية في الداخل الفلسطيني والموقف القانوني منها." مجلة العلوم الإقتصادية و الإدارية و القانونية 6, no. 2 (January 30, 2022): 121–34. http://dx.doi.org/10.26389/ajsrp.s010721.
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In this study, the researcher discusses the issue of "The Phenomenon of Polygamy in the Personal Status Law in the Palestinian Interior and the Legal position towards this phenomenon". This is by reviewing how the personal status law in the Palestinian interior deals with the phenomenon of polygamy and its opinion towards it, the opinion of women's associations and institutions in the Palestinian interior towards this phenomenon, and the impacts of the prevention of this phenomenon on the economic and demographic aspects. The research is concluded with many results, including: 1- people have considered that the Personal Status Law does not include a clear position on the phenomenon of polygamy. 2- Although the Personal Status Law criminalizes the phenomenon of polygamy under the influence of multiple Israeli laws, no one, on the other hand, cares about these laws. This is especially because of that there are many cases of polygamy, divorce, and marriage that take place outside the framework of this law. Therefore, many people marginalize and do not pay attention to it. 3- Many human rights and feminist associations and institutions have clearly tried to prevent polygamy. After many years of struggle for that, these institutions have succeeded in approving an amendment to the law in 2001. The study also recommended the following: 1- The necessity of putting pressure on Israel to recognize Arab towns and villages and integrate them with the Israeli economy and build an infrastructure for them. 2- The necessity for women’s rights institutions and associations in Arab regions, towns and cities to exert pressure on Israel so that it does not interfere in the laws relating to the personal status of Arabs and not to append any of them to Israeli courts.
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Amir, Gal, and Na'ama Ben Ze'ev. "Lawyers in transition – Palestinian Arab lawyers in the first decade of the Jewish state." Continuity and Change 35, no. 3 (December 2020): 371–92. http://dx.doi.org/10.1017/s0268416020000223.
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AbstractThis article traces the careers of 12 Palestinian Arab lawyers who practised law during the last years of the British Mandate in Palestine (1920–1948), and who became Israeli citizens after 1948. The State of Israel made efforts to limit the professional practice of Palestinian lawyers and to supervise them. Yet, despite the pressures, most of them continued their legal practice and became active in the Israeli public sphere. We show that the Palestinian lawyers’ struggle to maintain their practice in Israel was used to assert autonomy for the legal profession, and concurrently, it was perceived as a touchstone for minority civil rights in the state.
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FARAH, Marya, and Maha ABDALLAH. "Security, Business and Human Rights in the Occupied Palestinian Territory." Business and Human Rights Journal 4, no. 1 (December 17, 2018): 7–31. http://dx.doi.org/10.1017/bhj.2018.27.
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AbstractBusinesses have increasingly recognized their responsibility to respect human rights in their operations. This has been in part guided by international initiatives, such as the United Nations Guiding Principles on Business and Human Rights, as well as guidance and regulations from states. Although these measures recognize risks associated with conflict-affected areas, contexts of occupation present unique concerns. These issues become even more complex when states send mixed messages to businesses. This is most evident when examining the discourse on and regulation of business operations linked to Israel’s prolonged occupation of Palestinian territory, especially those with operations and relationships related to ‘security’. This article seeks to highlight the frequent disregard of human rights responsibilities and obligations by states and businesses related to the occupied Palestinian territory and population, which has created a gap in accountability that civil society has attempted to address.
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Al-Hardan, Anaheed. "The Right of Return Movement in Syria: Building a Culture of Return, Mobilizing Memories for the Return." Journal of Palestine Studies 41, no. 2 (January 1, 2012): 62–79. http://dx.doi.org/10.1525/jps.2012.xli.2.62.
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The Palestinian Right of Return Movement (RoRM) emerged among diaspora refugee communities following the Oslo accords and the perceived threat to the right of return. This article focuses on the RoRM in Syria in the context of the community's history and unique civil rights there. Based on extensive interviews in the Damascus area, it provides an overview of the heterogeneous movement, which, while requiring state approval, operates in an autonomous civil society sphere. RoRM activists translate visions of the return formulated in the Palestinian national arena into local community practices that mobilize memories of Palestine as resources (through oral history, village commemorations, etc.) with the aim of ensuring a future return by the new generation of refugees.
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Ben-Shemesh, Yaacov. "Immigration Rights and the Demographic Consideration." Law & Ethics of Human Rights 2, no. 1 (January 1, 2008): 1–34. http://dx.doi.org/10.2202/1938-2545.1027.
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Attaining and maintaining a substantial Jewish majority in Israel has been one of the basic goals of the State of Israel since its early years. A substantial Jewish majority within the borders of the state is thought to be necessary in order to preserve its Jewish nature. Many believe that the demographic consideration also stood behind the enactment of the Citizenship and Entry into Israel Law (Temporary Provision), 2003, which prohibits granting Israeli citizenship and residency to Palestinians from the West Bank and the Gaza Strip, and prevents, inter alia, Israeli Arabs from living in Israel with their Palestinian spouses.I examine the legitimacy of the demographic consideration from the perspective of liberal political theory. I conclude that demography can, in principle, be a legitimate consideration in deciding immigration policy, and its justification can be derived from the liberal justification of the right to national self-determination. However, the demographic consideration must be assigned its proper role and weight relative to other important liberal values such as equality and other human rights. I suggest that the demographic consideration might be legitimate only to the extent that it is not used to justify immigration policies that violate constitutional rights.I then discuss the Supreme Court decision concerning the constitutionality of the Citizenship and Entry into Israel Law. I demonstrate that, contrary to statements by the judges themselves, the demographic consideration played a key role in the opinions of several judges. It was, however, a hidden consideration. It was not openly acknowledged and discussed. Consequently, a careful examination and balancing of the demographic consideration could not take place. The result was that the actual influence of the demographic consideration on the outcome of the case was much stronger than can be reasonably justified according to liberal principles of justice.
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Krylov, A. V. "The role of the religious factor in political processes in Israel." Journal of International Analytics, no. 1 (March 28, 2016): 98–108. http://dx.doi.org/10.46272/2587-8476-2016-0-1-98-108.
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This article studies the influence of religion on political and social processes in Israel. Modern Israel is a complicated multi-ethnic and multi-religious society. Israel is home to over 8 million people and approximately a quarter of its citizens are non-Jews (Muslim Arabs and Christian Arabs, Druze, Bedouins, Circassians and etc.). In spite of the fact that the Israeli system of law provides “the complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex”, many Arabs and other non-Jews citizens of the State are not really integrated into Israeli society and do not feel themselves full citizens of the State that seeks to position itself exclusively as a «Jewish State».In addition the tension between Israel’s Middle Eastern and European identities is personified in the contradictions between Ashkenazim and Sephardim. There are also religious differences between Jews who identify themselves with the ultra-Orthodox, religious nationalists (so called “Hardelim” - an acronym of two words in Hebrew – “Hared” (ultra-orthodox) and “Leumi” (nationalist)), traditionalists and secular Jews. The article notes that the current «Likud» government supported by the religious parties actually strengthens the tendency to clericalization of Israeli political and social life.The author also makes an attempt to understand and analyze the basic historical, philosophical and religious aspects of the National-Religious trend in Israeli politics. This trend turned into a powerful force after a Jewish religious fanatic Yigal Amir had killed Prime Minister Yitzhak Rabin in 1995.The research reveals the forms and methods, aims and objectives of the Israeli official settlement policy, determines the attitude of the religious parties and groups towards the settlement movement and indicates a negative influence of the settlement factor on the Israeli-Palestinian negotiating process and political situation in the Middle East as well.
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Najah Duqmaq. "Israel's International Legal Responsibility for Human Rights Violations in the Occupied Palestinian Territory In accordance with the provisions of international law." مجلة جامعة فلسطين الأهلية للبحوث والدراسات 1, no. 1 (December 30, 2022): 4–36. http://dx.doi.org/10.59994/pau.2022.1.4.
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The West Bank, Gaza Strip, and the city of Jerusalem are occupied territories occupied by Israel following hostilities in the 1967 war. Israel was a State party to the Fourth Geneva Convention of 1949, which refused to apply it to the occupied territories since the common article I of the four Geneva Conventions showed respect for and universal adherence to the principles contained therein. However, Israel has not complied with this but has committed serious violations of the rights of Palestinian citizens, criminalized under the Rome Statute of the International Criminal Court. The research aims to hold Israel internationally responsible for its illegal actions in the occupied Palestinian territories for violating the provisions of international law and resolutions of international legitimacy. The importance of the search for international criminal and civil accountability of Israel for its human rights violations in the Occupied Palestinian Territories is important, as Palestine's accession to the International Criminal Court comes as an important step in terms of ending the impunity of Israeli war criminals in addition to prosecuting them wherever they are regardless of their nationality and the place where the crime was committed in accordance with universal jurisdiction. The problem of the research revolves around: How long will Israel remain without international accountability for its violations of the rights of citizens in the Occupied Palestinian Territory? The researcher followed the descriptive and analytical approach and reached a set of conclusions and recommendations, the most prominent of which are: holding Israel internationally responsible for its internationally wrongful actions in the occupied Palestinian territories represented by the violation of international obligations. Among the most prominent recommendations are the implementation of the recommendations of Amnesty International's report regarding the call of the International Criminal Court to consider the crime of apartheid as part of its investigations into the Palestinian situation before it and that all States exercise universal jurisdiction to bring the perpetrators of apartheid crimes to justice.
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Abdel-Qader, Selma, and Tanya Lee Roberts-Davis. "Toxic Occupation: Leveraging the Basel Convention in Palestine." Journal of Palestine Studies 47, no. 2 (2018): 28–43. http://dx.doi.org/10.1525/jps.2018.47.2.28.
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Reports by UN-affiliated institutions, human rights organizations, academic researchers, and individual community members, as well as Palestine's Environment Quality Authority (EQA), point to the continuing transfer to the West Bank of hazardous wastes from inside Israel, and by illegal Israeli settlement industries operating in the occupied Palestinian territory (oPt). Such transfers occur in contravention of the Geneva Conventions and of binding multilateral environmental agreements such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, to which both Israel and Palestine are party. This article argues that despite inherent limitations, there are opportunities for leveraging the Basel Convention to hold accountable perpetrators, given the severe environmental, health, and human rights consequences of the uncontrolled movement and disposal of waste on the Palestinian population in the oPt. To date, such opportunities have remained largely unexplored both in academia and by broader sectors of civil society.
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Osama Ismail Mohammad Amayreh, Izura Masdina Mohamed Zakri, Pardis Moslemzadeh Tehrani, and Yousef Mohammad Shandi. "A NEW ROLE OF CAUSATION THEORY TOWARDS ACHIEVING ECONOMIC CONTRACTUAL EQUILIBRIUM: ANNULLING THE ARBITRARY CONTRACTUAL CONDITIONS." IIUM Law Journal 29, no. 1 (June 30, 2021): 153–81. http://dx.doi.org/10.31436/iiumlj.v29i1.481.
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The phrase “who says contractual, says justice” (qui dit contractuel dit juste) does not fully express the truth of present reality, where the phrase itself falls into doubt, since a contract does not always result in fair obligations. In this regard, the French judiciary realized that the absence of justice in a contract might arise as a result of the contractual freedom afforded to the contracting parties. Thus, the idea of Commutative Justice in the contract was developed, such as, the Chronopost’s decision which is considered one of its most important applications. However, the equivalence of rights and obligations in the Palestinian Draft Civil Code only exists in a virtual form, without any content that actually contributes to the achievement of the equivalence between rights and obligations in contracts. This article seeks to prove that the provisions of the causation theory in the Palestinian Draft Civil Code can be used as an effective means for achieving contractual justice between the contracting parties, in order to maintain economic contractual equilibrium of the contract. To do so, the function of the causation theory should be analysed in a comparative analytical approach with the Chronopost’s decision to illustrate the Palestinian legislative deficiencies. It will also show the need for adopting the French judicial approach, which will establish a general rule that any arbitrary clause that contravenes the essential obligation of the contract is considered to be unwritten, regardless of the nature or the subject matter of the contract.
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Halevi, Ilan. "Self-Government, Democracy, and Mismanagement under the Palestinian Authority." Journal of Palestine Studies 27, no. 3 (1998): 35–48. http://dx.doi.org/10.2307/2537833.
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Using as its starting point the May 1997 report by a Palestinian parliamentary committee on the misuse of public funds, this essay looks into the performance of the Palestinian Authority and charges of corruption, patronage, and human rights violations. It argues that most of the excesses result from the legal vacuum created by the occupation and from the absence of institutional counterweights to the PA in all domains. While reactions to the report demonstrated civil society's profound aspiration for the rule of law, the article concludes that the absence of a state necessarily means the absence of a state of law and an ongoing state of emergency.
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Bandyopadhyay, Lahari. "CASE STUDY OF ISRAEL-PALESTINE CONFLICT AND THE ABUSE OF HUMAN RIGHTS." International Journal of Advanced Research 12, no. 03 (March 31, 2024): 456–59. http://dx.doi.org/10.21474/ijar01/18414.
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Israel is an established country. And Palestine, despite being a country with rich heritage since ages, has been occupied by the Israel government who refuse to provide Palestine with the status of a sovereign nation. Israeli-Palestine conflict has led to numerous war crimes and most of the victims have always been the innocent and common people of the land. Besides territorial disputes, religious fundamentalism and persecution has also been a major factor. The state of Israel has always supported the ideology of Zionism wherein Israel supported the establishment of a Jewish state. Jews also claim that there is a large-scale antisemitism among the Arabs as well as various other communities because of which they face non-acceptance. But the conflict is not merely confined to one cause and has other grounds as well. This paper takes up the study of the conflict between the two countries and analyse the historical and political background that led to the series of events and how it led to the abuse of human rights in the region. The research further seeks to find out the role of the USA and the United Nations. USA had been the pioneer of liberalism and human rights in todays neo liberal world, but has remained silent in occasions of Israels wrongful claims over Palestinian territories. Hence, the protection and restoration of humanitarian laws is a major field of discussion.
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Dennis, Michael J. "Application of Human Rights Treaties Extraterritorially in Times of Armed Conflict and Military Occupation." American Journal of International Law 99, no. 1 (January 2005): 119–41. http://dx.doi.org/10.2307/3246094.
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Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation? This was one of the issues addressed by the International Court of Justice (ICJ) in its advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. The Court indicated that the obligations assumed by Israel under the International Covenants on Civil and Political Rights (ICCPR) and on Economic, Social and Cultural Rights (ICESC), and the Convention on the Rights of the Child (CROC) applied in the occupied territories and that the construction of the security barrier constituted “breaches” by Israel of various of its obligations under these instruments.
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Sultana, Summer, Sabir Ijaz, and Mubasshar Hassan Jafri. "UNIVERSAL HUMAN RIGHTS DECLARATION: RIGHT TO RETURN OF PALESTINIAN REFUGEES." Journal of Social Sciences and Humanities 58, no. 2 (December 31, 2019): 71–86. http://dx.doi.org/10.46568/jssh.v58i2.7.
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For over last 70 years, the concept of "return" attained primary focus for the national narrative of Palestinian struggle against devastating conditions, categorized as (i) eviction from ancestral homeland, (ii) diffusion in all aspects and (iii) reconstitution of national unity. However, the very idea create fears among Israelis regarding their authority of whole Zionist enterprise, as well as demographic stability of Arab-Jewish ventures, with regards to the return of large number of Palestinians to their own places or any other part in Palestine. Discrimination in opposition to Palestinians is no longer perpetrated fully by Israeli state, but common to its society, as well. Our article is an answer to the complicated question: Can refugees along with other displaced victims ever claim their right in entering Israel and Palestine, since this State includes Gaza and West Bank territories? Various articles have made an attempt to clarify the matter through some internal laws and have also interpreted the rights mentioned in ‘International Covenants on Civil and Political Rights’, particularly while clarifying the idea evolved from the typical term: 'his own country’. The article focuses on the viable first point, specifically on the claim as a right of the Diasporas return to the formerly called ‘Palestine’. Various resources are utilised for the purpose of the research. This includes books, scholarly researched articles and newspapers etc. The study is analytical in nature and based on qualitative research method. Most of the literature used for the article is Secondary. The conclusion drawn in precise manner is that the intentions are blended in repeated violations of human rights, along with ethnic and religious refining and various innumerable deficiencies, and try to become regularly involved in sensitive issues. This turned out to be disheartening for the people living there as no efforts are made for a truthful resolution.
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Hertzog, Esther. "Anthropological Perspectives on Two Documentary Films on Women in the Middle East." Anthropology of the Middle East 14, no. 1 (June 1, 2019): 142–50. http://dx.doi.org/10.3167/ame.2019.140109.
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In this essay, I refer to two documentaries demonstrating some common features of male violence against women in the Jewish and Palestinian societies in Israel. Abeer Zaibak Haddad’s film about ‘honor killing’ illustrates the profound threat on girls’ and women’s physical safety. Yael Katzir’s film is about Jewish women’s struggle for religious rights. It is argued that being subjugated to patriarchal control, both Arab and Jewish women are denied fundamental rights. This understanding implies that, despite basic differences in socio-economic conditions and civil rights, women’s oppression is present in cultures that are perceived as ‘modern’ and ‘advanced’ just like in those that are perceived as the opposite. Both films point to the failure of the state to ensure women’s rights and safety and to women’s compliance to men’s oppression.
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Barghouti, Omar. "Organizing for self-determination, ethical de-Zionization and resisting apartheid." Contemporary Arab Affairs 2, no. 4 (October 1, 2009): 576–86. http://dx.doi.org/10.1080/17550910903237145.
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This paper argues for a secular, democratic state in historic Palestine as the most morally coherent solution to the century-old colonial conflict because it offers the best hope for reconciling the inalienable right of the indigenous Palestinians to self-determination and the acquired rights of the colonial settlers to live in peace and security, individually and collectively. Accepting colonists as equal citizens and full partners in building and developing a new shared society is the most magnanimous offer any oppressed indigenous population can present to its oppressors, but for such to be attained, settlers must shed colonial privileges and character, accept justice, unmitigated equality, and conscious integration into the region. Building a just and lasting peace anchored in international law and universal human rights, conducive to ethical coexistence requires the ethical decolonization, or de-Zionization of historic Palestine. Such a process is premised on a revitalized, democratized Palestinian civil resistance movement with a clear vision for a shared, just society and effective worldwide support for reaffirming Palestinian rights and ending Israel's violations of international law and universal rights. By emphasizing the equality of humanity as its most fundamental principle, this paper shows that the proposed secular democratic state promises to transcend national and ethnic dichotomies that now make it nearly impossible to envision reaching any just solution to the most intricate questions.
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Jad, Islah. "The conundrums of post-Oslo Palestine: Gendering Palestinian citizenship." Feminist Theory 11, no. 2 (August 2010): 149–69. http://dx.doi.org/10.1177/1464700110366809.
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This article reviews the feminist theorization of the concept of citizenship in an attempt to contextualize it in a situation where the basic ingredients for a sovereign state do not exist. The formation of the Palestinian Authority included the reconstruction of the Palestinian ‘imagined’ community within which approaches to gender policies were reformulated to suit a new era. However, the feminist use of the concept of citizenship itself comes into question under conditions of prolonged Occupation. In this analysis, I submit that while women’s NGOs and grass-roots organizations have an important role to play in creating space for women to politicize their demands in advocating full citizenship rights, there are serious limits to what institutions of civil society can achieve when the basic foundations for the state are in a precarious situation.
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Fayyad, Mahmoud. "The Transposition of the European Directive 85/374/EEC on Product Liability into Palestine and Jordan: Is it Adaptable to Islamic Law?" Global Journal of Comparative Law 1, no. 2 (2012): 194–224. http://dx.doi.org/10.1163/2211906x-00102003.
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The aim of this paper is to recommend the transposition of the European Directive 1985/374/EEC on product liability into the Palestinian and Jordanian legal systems. The application of this Directive concurs with many general objectives and consumer rights declared in both of the latter regimes; neither of these two legal systems provide for how those objectives and rights would be accomplished, so there are executive tools putting into practice the declared objectives. This is to say that neither jurisdiction makes any sense with regard to the subject of product liability. The transposition of the European measures into both regimes must take into consideration the general principles of civil law applicable in local legal systems in order to avoid legislative disharmony between imported and local rules. Islamic law represents the basis of civil codes applicable in both regimes; the Othman Justice Rules Record (El-Majalla), which dates back to 1876 and was the first attempt to codify Islamic rules of treatment is still applicable. To recommend the implementation of the European measures in the Palestinian and Jordanian legal systems, it is important to identify the supporting and contradicting points in Islamic jurisprudence. The main question of this paper is, how and to what extent is European Directive 1958/374/EEC applicable in Palestine and Jordan.
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Bratchford, Gary. "Constructing the ‘Right Image’: Visibility Management and the Palestinian Village of Susiya." Humanities 7, no. 4 (October 10, 2018): 98. http://dx.doi.org/10.3390/h7040098.
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This article focuses on the Palestinian Bedouin village of Susiya in the West Bank of the Occupied Palestinian Territories and the multi-agency efforts to save the village after the Israeli Civil Administration issued a full demolition order to all existing structures in 2012. By analysing a range of creative visual responses to the demolition order, including social media campaigns and video appeals, the paper examines the problematic nature over who and how to produce the ‘right image’ of the village and its struggle. Based upon fieldwork and interviews undertaken between 2013–2014 with activists and community workers, I identify how in an effort to overcome the separation between audience and distant spectator, a number of Non-Governmental Organisations (NGOs) and Human Rights Organisations (HROs), acting on behalf of the village, ultimately weakened rather than strengthened the representation of the villagers.
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Kelley, Robin D. G. "Another Freedom Summer." Journal of Palestine Studies 44, no. 1 (2014): 29–41. http://dx.doi.org/10.1525/jps.2014.44.1.29.
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During the summer of 2014, the U.S. government once again offered the State of Israel unwavering support for its aggression against the Palestinian people. Among the U.S. public, however, there was growing disenchantment with Israel. The information explosion on social media has provided the public globally with much greater access to the Palestinian narrative unfiltered by the Israeli lens. In the United States, this has translated into a growing political split on the question of Palestine between a more diverse and engaged younger population and an older generation reared on the long-standing tropes of Israel's discourse. Drawing analogies between this paradigm shift and the turning point in the civil rights movement enshrined in Mississippi's 1964 Freedom Summer, author and scholar Robin Kelley goes on to ask whether the outrage of the summer of 2014 can be galvanized to transform official U.S. policy.
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Richard, Ratcliffe. "Bedouin Rights, Bedouin Representations: Dynamics of Representation in the Naqab Bedouin Advocacy Industry." Journal of Holy Land and Palestine Studies 15, no. 1 (May 2016): 97–124. http://dx.doi.org/10.3366/hlps.2016.0131.
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This article looks at the representations of Naqab Bedouin in Bedouin advocacy NGOs, and their relationship to changing dynamics of Palestinian and Israeli nationalism, and to wider dynamics of control and risk management. Much has been written on the folklorisation of Bedouin culture, and on representations of the Bedouin in development. The Bedouin have been important as a traditional Other for a modern Israel, and as the ‘Negev Bedouin’ a transitional society and object of development. These ideas have been refashioned by a new body of knowledge on the Naqab Bedouin created by NGO advocacy, highlighting different aspects of Bedouin marginalisation, placing them within different rights frameworks of variously framed ‘Palestinian’, ‘indigenous’, ‘minority’ or ‘civil’ rights. This article looks at the construction of the Bedouin as an object for advocacy by Bedouin NGOs for a wider audience, and particularly how these representations have presented challenges to the control regime around the Naqab Bedouin. The post-OIslo transformation has been resonant with evolving new forms of control and exploitation in contemporary capitalism that channel Bedouin claims within national and international norms and frameworks, and are guided by the modalities of risk management and considering the Bedouin as a risk. I argue that this evolving structure of risk-based governance is reformulating Israel/Palestine, and this is where the Naqab has relevance for the dynamics of the wider Middle East.
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O’Rourke, Anthony, and Wadie E. Said. "Terrorism Investigations on Campus and the New McCarthyism." Dissent 70, no. 4 (January 2024): 100–107. http://dx.doi.org/10.1353/dss.2024.a918677.
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ABSTRACT: In the 1960s, the FBI’s counterintelligence program (COINTELPRO) routinely infiltrated campus antiwar and civil rights groups, investigating thousands of students with the aim of discrediting their activism and destroying their career prospects. After a Senate committee led by Frank Church exposed this practice, the FBI disavowed it and applied a heightened standard for initiating investigations at universities. There is reason to believe, however, that federal law enforcement is facing pressure to relax its self-restraint and investigate pro-Palestinian student activists using a tool not at its disposal in the heyday of COINTELPRO: a nebulous federal statute that imposes prison sentences of up to twenty years for providing “material support or resources to a foreign terrorist organization.” This statute criminalizes public advocacy that is done under the direction of or in coordination with foreign terrorist groups. There are few legal constraints, however, that would prevent a motivated FBI from using pro-Palestinian speech as grounds for investigating students who have no connection to such a group.
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O'Rourke, Anthony, and Wadie E. Said. "Terrorism Investigations on Campus and the New McCarthyism." Dissent 71, no. 1 (January 2024): 100–107. http://dx.doi.org/10.1353/dss.2024.a929089.
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ABSTRACT: In the 1960s, the FBI's counterintelligence program (COINTELPRO) routinely infiltrated campus antiwar and civil rights groups, investigating thousands of students with the aim of discrediting their activism and destroying their career prospects. After a Senate committee led by Frank Church exposed this practice, the FBI disavowed it and applied a heightened standard for initiating investigations at universities. There is reason to believe, however, that federal law enforcement is facing pressure to relax its self-restraint and investigate pro-Palestinian student activists using a tool not at its disposal in the heyday of COINTELPRO: a nebulous federal statute that imposes prison sentences of up to twenty years for providing "material support or resources to a foreign terrorist organization." This statute criminalizes public advocacy that is done under the direction of or in coordination with foreign terrorist groups. There are few legal constraints, however, that would prevent a motivated FBI from using pro-Palestinian speech as grounds for investigating students who have no connection to such a group.
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Aburabia, Rawia. "Beyond the Liberal/Non-Liberal: Reclaiming Secularism in the Palestinian Society." Law & Ethics of Human Rights 18, no. 1 (May 1, 2024): 29–56. http://dx.doi.org/10.1515/lehr-2024-2006.
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Abstract In August 2019, the local council of Umm al-Fahem, Israel, cancelled a scheduled performance of the known Palestinian rapper Tamer Nafar, claiming that Nafar’s artistic work did not meet with the town’s accepted religious, moral, and social norms. Subsequently, residents of the town and the Association for Civil Rights in Israel, petitioned the Court against the local council’s interference with Nafar’s freedom of artistic expression. Significantly, Nafar was not among the petitioners. The Court concurred with the petitioners, determining that the local council had no authority to interfere with Nafar’s artistic content, and if there was concern regarding detrimental effects on public peace or security, police security should be provided for the event. Despite this ruling from an Israeli court, Nafar refused to perform in Umm al-Fahm. Instead, he accepted an invitation for dialogue with the conservative non-liberal forces within Umm al-Fahm council, a dialogue that resulted in reconciliation. I argue that Nafar’s decision, as a liberal subject to choose dialogue with non-liberal forces in Palestinian society embodies the conceptual foundations of post-secularism, which extend beyond the binary of liberal/non liberal divisions and binaries and pave the way for internal dialogue between religious and secular actors. It constructs a platform for liberal subjects in Palestinian society to be heard in the public Palestinian sphere, providing social and political alternatives to the violent authority of Israeli law.
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Kelley, Robin D. G. "From the River to the Sea to Every Mountain Top: Solidarity as Worldmaking." Journal of Palestine Studies 48, no. 4 (2019): 69–91. http://dx.doi.org/10.1525/jps.2019.48.4.69.
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This essay questions a key takeaway from the Ferguson/Gaza convergence that catalyzed the current wave of Black-Palestinian transnational solidarity: the idea that “equivalence,” or a politics of analogy based on racial or national identity, or racialized or colonial experience, is the sole or primary grounds for solidarity. By revisiting three recent spectacular moments involving Black intellectuals advocating for Palestine—Michelle Alexander's op-ed in the New York Times criticizing Israeli policies, CNN's firing of Marc Lamont Hill, and the Birmingham Civil Rights Institute's initial decision to deny Angela Davis its highest honor—this paper suggests that their controversial positions must be traced back to the post-1967 moment. The convergence of Black urban rebellions and the June 1967 Arab-Israeli war birthed the first significant wave of Black-Palestinian solidarity; at the same time, solidarities rooted in anti-imperialism and Left internationalism rivaled the “Black-Jewish alliance,” founded on analogy of oppression rather than shared principles of liberation. Third World insurgencies and anti-imperialist movements, not just events in the United States and Palestine, created the conditions for radically reordering political alliances: rather than adopting a politics of analogy or identity, the Black and Palestinian Left embraced a vision of “worldmaking” that was a catalyst for imagining revolution as opposed to plotting coalition.
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Piterberg, Gabriel. "Public Intellectuals and Conscious Pariahs: Hannah Arendt, Edward Said and a Common State in Palestine-Israel." Holy Land Studies 12, no. 2 (November 2013): 141–59. http://dx.doi.org/10.3366/hls.2013.0067.
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In late nineteenth-century Europe, a distinct, secular socio-political type appeared: the conscious pariah. This essay traces the genealogy of the conscious pariah. Starting from Bernard Lazare and then comparing public intellectuals Hannah Arendt and Edward Said, it argues that the latter, too, can be interpreted as a conscious pariah. Whilst differences are not ignored, the essay highlights the shared political and scholarly insights Arendt and Said offer as conscious pariahs. The renewed relevance of the conscious pariah's politics and scholarship, owing to the project of the common state, runs through the essay both implicitly and explicitly. ‘The Atlantic City Resolution [October 1944] goes even a step further than the Biltmore Program (1942), in which the Jewish minority had granted minority rights to the Arab majority. This time the Arabs were simply not mentioned in the resolution, which obviously leaves them the choice between voluntary emigration and second-class citizenship.’ (Hannah Arendt, ‘Zionism Reconsidered’, Menorah Journal, 33 (October 1944)) Ari Shavit: ‘You sound very Jewish’. Edward Said: 'Of course. I'm the last Jewish intellectual. You don't know anyone else. All your other Jewish intellectuals are now suburban squires. From Amos Oz to all these people here in America. So I'm the last one. The only true follower of Adorno. Let me put it this way: I'm a Jewish-Palestinian. (Edward Said's interview with Ari Shavit, Haaretz, 18 August 2000)
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Waters, Timothy William. "Clearing the Path: The Perils of Positing Civil Society in Conflict and Transition." Israel Law Review 48, no. 2 (June 11, 2015): 165–87. http://dx.doi.org/10.1017/s0021223715000060.
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Can there be a general theoretical perspective on civil society's involvement in transitional justice? This article considers this question in its application to the Israeli–Palestinian conflict. Within the study of transitional justice and conflict resolution, civil society – a notoriously plastic concept – can be understood narrowly as rights-oriented groups working ‘for’ peace, but the term is equally available to describe a broader array of communities that can either promote or prevent peace and justice.It is, in fact, quite difficult to sustain a theoretical distinction between them, because transitional justice does not escape the dictates of politics – of differing human desires expressed through power. Efforts to memorialise imply conflict over the particular memories to be privileged; claims for reparations are not only demands for justice, but for material redistribution that in turn may promote conflict. A narrow view of civil society problematically assumes we even know – let alone agree on – what constitutes positive change.In the context of the Israeli–Palestinian conflict, that is a fraught proposition. Both an accurate definition of civil society and the valence of justice work slip beyond the narrow confines of the received model's assumptions: both Jewish and Palestinian groups mobilise a spectrum of resources from political engagement, to overseas support, to violent self-help. On both sides, civil society groups are instrumentalised to advance not an agenda of peace or justice in some abstract sense but a parochial claim that, seen from the other side, is, in fact, an obstacle to resolution. Indeed, there may be no peace or justice initiatives that can be analytically separated from efforts the purpose and effect of which is the very opposite of our conventional understanding of the field. The range from vocal activism to violent action, the spectrum of activation, commitment and radicalism, must be understood as fraught but connected and unbroken – as, at most, a kind of punctuated continuum.The real work performed by civil society in promoting agendas of peace and justice cannot properly be understood without locating it in a defensible theoretical and empirical framework. Imagining a narrow civil society risks skewing our analysis of what civil society can do and actually does in relation to conflict. Civil society can clear the path to peace, or can provide the principal obstacles to it – it can simultaneously do both. In this it very much shares the ambiguous, multivalent profile of its classic counterpart: politics in the public sphere.
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Keadan, Tajread. "Arab Women and Feminist Movements in Israel are Between the Hammer of Society and the Anvil of Law." Feminist Research 5, no. 1 (June 2, 2021): 37–44. http://dx.doi.org/10.21523/gcj2.21050104.
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The aim of this research is to reveal the status and image of Arab women and feminist movement in Israel, as it discusses the reality of citizens of Israel and the extent to which they have access to and enjoy their civil, economic, social and political rights. On the one hand, it also analyses women’s rights from the perspective of a society governed by customs and traditions. This is represented by the authority of the male over the female, because the Arab society is a biased society between males and females to some extent, and on the other hand it demonstrates a comparative view with the international law, agreements and treaties that provided for ensuring the protection of women’s rights. Through this study, the researcher believes that Arab women bear the burdens of submitting themselves to nationalism and the Arab minority on the one hand and the burdens of racial discrimination against Arabs in general and against women in particular. In addition, the local authority responsible for Arab regions and cities bears part of the violations of women’s rights in employment that affect their role in the labor market. This is because it does not carry out its responsibility towards the Arab minority as required, and specifically with regard to securing suitable job opportunities for women, securing public transportation, and suitable places for women with children.
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Amram, Azri. "Digesting the Massacre: Food Tours in Palestinian Towns in Israel." Gastronomica 19, no. 4 (2019): 60–73. http://dx.doi.org/10.1525/gfc.2019.19.4.60.
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Guided food tours of Israeli Jews to Palestinian towns in Israel are increasing in popularity in recent years. Indeed, the relations between Jews and Palestinians in Israel are often negotiated through the plate, and such food tours allow these relationships to be examined by both local Palestinian hosts and their Israeli-Jewish guests. In this article, I argue that food tours in Palestinian towns in Israel allow Palestinian citizens of Israel to express controversial sociopolitical messages and discuss them with Israeli-Jewish participants thanks to the unique characteristics of food tourism: a multisensory experience for tourists that creates value for the destination and its residents. I demonstrate how the practice of exploring and blurring symbolic boundaries through these tours creates a space that facilitates the delivery of explicit and implicit messages regarding civil rights issues, and even highly explosive topics such as national identity. The innocuous and ostensibly apolitical nature of food allows Israeli-Jewish tourists to come to terms, at least to a certain extent, with messages that may contradict some of the significant Zionist-Jewish narratives. This article is based on ethnography conducted from 2015–17 in Kafr Qasim, a Palestinian town in Israel. I joined “Ramadan Nights” tours that sought to present the customs of the month of Ramadan, the ninth month of the Islamic calendar in which, according to religion, Muslims fast from morning until nightfall. I show how the tour facilitates the “digestion” of messages that many Israeli Jews would otherwise find hard to accept, such as the massacre of forty-nine dwellers of Kafr Qasim by the Israeli military in 1956. I conclude by discussing the use of food and hospitality as a means of creating intimacy and challenging power relations and their role in facilitating the digestion of difficult messages.
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Lokman, Ainul Asyraf, and Mohd Roslan Mohd Nor. "THE NEXUS OF SECURITY AND INTEREST: MALAYSIA'S APPROACH TO ARAB-ISRAELI NORMALIZATION." Journal of Information System and Technology Management 8, no. 33 (December 26, 2023): 211–25. http://dx.doi.org/10.35631/jistm.833016.
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The Arab-Israeli normalization, characterized by the Abraham Accords and subsequent diplomatic engagements, has sparked significant debate among regional actors especially among Muslim countries. In this context, Malaysia's response is analyzed by employing a combined theoretical framework of Regional Security Complex (RSC) theory and national interest theory. The study employs a qualitative method of analysis of official statements, policy documents, and diplomatic engagements. It also examines the historical context of Malaysia's stance on the Israeli-Palestinian conflict and the shifts and nuances of its response in light of recent events. In addition, this study examines the domestic factors, such as public opinion, political dynamics, and the influence of religious and civil society actors, that influence Malaysia's foreign policy decisions. This study reveals that Malaysia has voiced its opposition to the process of normalisation, which has been influenced by regional security concerns rooted in Muslim solidarity and the support for Palestinian rights. Additionally, Malaysia's opposition is driven by its own national interests, encompassing domestic politics and economic relations with Arab nations.
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Meler, Tal. "Money, power, and inequality within marriage among Palestinian families in Israel." Sociological Review 68, no. 3 (October 15, 2019): 623–40. http://dx.doi.org/10.1177/0038026119881093.
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A key factor in promoting egalitarian gender relations is financial independence for women. Palestinian women citizens of Israel (PWCI) serve as a case study for gender relations in a patriarchal society. The financial identity of these women develops alongside general institutional discrimination, dual judicial systems (civil and religious), civil status, and cultural norms. However, factors affecting family budget allocation and financial autonomy of women in this society are not well understood. The present qualitative study used in-depth, semi-structured interviews to analyze patterns of financial allocation in the family system. The findings reveal that the financial independence of most PWCI is limited, although the spectrum ranges from partially autonomous financial management to economic violence. Most couples keep separate accounts, where the wife receives an allowance from her husband, and the wife’s relative financial autonomy is determined by the magnitude of this allowance. Under such conditions, gender relations and power relations are unequal. Most PWCI are unemployed or working in low-paid jobs, and consequently, their contribution to the family budget is considered negligible. However, this meager contribution enables women to participate in financial decision-making, from which they are often excluded by their husband. Furthermore, the ability of women to save money is limited as well, and some must do so in a clandestine manner. The findings shed light on economic autonomy of women, and will allow policy makers to establish criteria for determining when normative economic behavior becomes violent, to promote legislation ensuring equal rights for women.
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D. Mahmmoud, Dr Abdullah, and Dr Osama I. Darraj. "The issue of contesting the resolution related to the assignment of bids in the public works contract in Palestine and Jordan." Hebron University Research Journal (HURJ): B- (Humanities) 15, no. 1 (July 1, 2020): 36–55. http://dx.doi.org/10.60138/15120202.
Full textAbstract:
This study discusses the issue of contesting the resolution related to the assignment of bids in the public works contract in both Palestine and Jordan. The legislators in both countries have organized the legal procedures that the administrative bodies and the bidders must adhere to when contracting in the public works of government according to the bylaw resolution 8 of 2014 on Palestinian General Procurement, and the Cabinet Decision of the Palestinian Public Procurement System for 2014, as well as the instructions of the Jordanian government tenders for the year 1987. The appeal may be based on the resolution of referral through the defects of the administrative resolution, which is the defect of deviation, jurisdiction, form and procedures, or based on the resolution to refer to an incorrect reason or defect of violation of the law. The post-contract disputes are assigned to the ordinary court, The interpretation of the contract and the rights of its parties is a dispute governed by the contract, where it is considered a civil dispute. The study concluded that the resolution of assignment in the contract of public works should be subject to the full jurisdiction of the administrative judiciary, with the necessity for the Palestinian Administrative Judiciary to become Cancellation and compensation judiciary with multiple administrative courts in terms of location, Similar to the Jordanian administrative judiciary.
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Mobarakeh, Mamon, and Loay AbuAlsaud. "Evoking Heritage and its Impact on Establishing the Palestinian Right in Tamim Barghouti's poetry Poem (Fi Al-Quds)." Al-Adab Journal 1, no. 144 (March 15, 2023): 45–60. http://dx.doi.org/10.31973/aj.v1i144.3846.
Full textAbstract:
This research attempts to reveal the extent of the appearance of heritage and its invocation in the poetry of Tamim al-Barghouti, whether this presence is historical, civil, national or religious, through some of his famous poem (In Jerusalem). In this poem, al-Barghouti employs heritage in a creative and significant way. The aim of this research is to show the significance of evoking heritage in al-Barghouti's poetry. The poet chose heritage to convey specific meanings to the recipients, and to express his own thoughts and feelings about Jerusalem. There is no doubt that the cultural and civilized means of defending rights have an important and effective role in combating colonial settlement, and in establishing the national rights of any nation. Islamic and Christian religious fraternity in Palestine represents a lofty state of civilization, and an important national force in resisting the colonial settlement and fighting its attempts to obliterate the cultural and civilizational identity of the Palestinian people.
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Golder, Ben. "Elaine C Hagopian (ed), Civil Rights in Peril: The Targeting of Arabs and Muslims, Haymarket and Pluto, Chicago and London, 2004." Current Issues in Criminal Justice 17, no. 1 (July 2005): 168–70. http://dx.doi.org/10.1080/10345329.2005.12036346.
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Weber, Elisabeth. "Deconstruction is Justice." German Law Journal 6, no. 1 (January 1, 2005): 179–84. http://dx.doi.org/10.1017/s2071832200013547.
Full textAbstract:
This provocative assertion, sharply contrasting with the decades-old criticism of deconstruction as an aesthetisizing apolitical and ahistorical exercise, recapitulated in 1989 the stakes of an infinite task and responsibility that, in spite of and because of its infinity, cannot be relegated to tomorrow: “[…] justice, however unpresentable it may be, doesn't wait. It is that which must not wait.” It is in the spirit of such urgency, of a responsibility that cannot be postponed, that Jacques Derrida was an active and outspoken critic and commentator on issues such as South Africa's Apartheid, the Israeli-Palestinian conflict, the bloody civil war in his native Algeria, human rights abuses, French immigration laws, the death penalty, and on what Richard Falk has termed “the great terror war”.