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Law, Water and Settler Colonialism in Palestine

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Law, Water and Settler Colonialism in Palestine Naming as Survival: Law, Water and Settler Colonialism in Palestine A thesis presented to the faculty of the College of Arts and Sciences of Ohio University In partial fulfillment of the requirements for the degree Master of Arts Abigail R. Mulligan April 2021 © 2021 Abigail R. Mulligan. All Rights Reserved. 2 This thesis titled Naming as Survival: Law, Water and Settler Colonialism in Palestine by ABIGAIL R. MULLIGAN has been approved for the Department of Law, Justice and Culture and the College of Arts and Sciences by Haley Duschinski Associate Professor of Sociology and Anthropology Florenz Plassmann Dean, College of Arts and Sciences 3 Abstract MULLIGAN, ABIGAIL R., M.A., April 2021, the Department of Law, Justice and Culture Naming as Survival: Law, Water and Settler Colonialism in Palestine Director of Thesis: Haley Duschinski Israel and Palestine have been the subject of debate and controversy for decades. Israel settlement activity has displaced, oppressed and killed Palestinians on their native land, resulting in settler colonialism and the denial of water resources. The deliberate and violent pattern of restricting water serves to demonstrate the settler colonial intent of Israel. Though there have been many pleas and negotiations for Israel to withdraw and end settlement activity, and restore access to water under international law, none have resulted in a resolution. Through textual analysis, I demonstrate how the international framework of occupation that the UN HRC has adopted, has perpetuated a routinized, ritualized maintenance of the status quo and entrenched Palestine in violent subjugation. Further, any attempt at a resolution between Israel and Palestine must involve a reckoning with uncommon goals of the two nations, as well as the various positionings of power and understanding of the settler colonial regime. I show how literature is a tool of resistance, survival and imagining for Palestinians by providing a platform for collective memory and perspective to be voiced. This project highlights the necessity of naming settler colonial violence for what it is, if Palestinian suffering is to cease. 4 Dedication To Palestinians everywhere, from the river to the sea. 5 Acknowledgments Special thanks to Dr, Duschinski for sharing her knowledge and shaping me into a scholar, as well as Dr. Taylor and Dr. Ross for their guidance, patience and expertise. Additional thanks to Dr. Tahrir Hamdi and Yehuda Shaul for sharing their perspectives and knowledge. Of course, thanks to my parents, my partner and friends for their unwavering support and encouragement. 6 Table of Contents Page Abstract ............................................................................................................................... 3 Dedication ........................................................................................................................... 4 Acknowledgments............................................................................................................... 5 Chapter 1: Introduction ....................................................................................................... 8 Aim and Scope .............................................................................................................. 9 The Question of Palestine ........................................................................................... 12 Settler Colonialism, Survivance and International Law in Palestine .......................... 14 Law, Power and Water ................................................................................................ 18 Methods....................................................................................................................... 22 Chapter 2: A Hundred Years Later: The History of the Palestine Question ..................... 27 Introduction ................................................................................................................. 27 Planting Settler Colonial Roots in Palestine ............................................................... 28 Settler Colonial Mechanisms at Work ........................................................................ 41 Chapter 3: The Cost of Insufficient Language at the Human Rights Council .................. 49 Introduction ................................................................................................................. 49 The Human Rights Council: Inevitably Political ........................................................ 51 An Agenda Item for a Nation, but Not a State ............................................................ 53 Palestinian Water at the UN HRC .............................................................................. 57 NGO Framings of Water in Palestine ......................................................................... 59 Representations of Israeli Domination at the UN HRC .............................................. 61 Addressing the Underlying Cause: Discussions of Settler Colonialism at the UN HRC ...................................................................................................................... 61 The Apartheid Analogy: Classifying Racialized Segregation and Legal Pluralism in Palestine ............................................................................................................ 66 The Misnomer of Occupation at the UN HRC ..................................................... 67 Discussion ................................................................................................................... 73 Conclusion .................................................................................................................. 76 Chapter 4: The Failure of Oslo II: Imbalanced Power, Unfit Tactics and Disregarded Roots ................................................................................................................................. 77 Introduction ................................................................................................................. 77 Oslo Accords: Good Intentions? ................................................................................. 80 7 Oslo II: Contextualizing Negotiations ........................................................................ 82 The Facade of Fairness: The Role of Power Dynamics in Negotiation ...................... 88 Doomed from the Start: The Consequences of Ignoring Fundamental Flaws ............ 92 The Shortcomings of Western Strategies .................................................................... 93 Conclusion .................................................................................................................. 96 Chapter 5: People in the Sun” Survival Through Popular Resistance Literature ............. 98 Introduction ................................................................................................................. 98 Literature as Survival: More Than Abstract Stories ................................................. 100 A Brief Summary of Kanafani’s Men in the Sun ...................................................... 107 Water Symbolism: A Vessel of Life and Death........................................................ 109 Why Didn’t You Knock on the Sides of the Tank? .................................................. 112 The Guise of Obligation............................................................................................ 113 Literature as Enduring, Survival and Imagining ....................................................... 115 Conclusion ................................................................................................................ 117 Chapter 6: Conclusion..................................................................................................... 118 References ....................................................................................................................... 122 8 Chapter 1: Introduction On a small farm in the West Bank, an Al Jazeera video captures Israeli officials destroying pipes that supply a farmer with enough water to run his farm, citing improper permits. They are surrounded by several armed guards, so personal confrontation could result in serious injury or death. Shortly after, the farmer lost half of his crops. Several hundred farmers in the region also had to move because their water sources were reallocated to Israeli settlements, leaving their crops and livelihoods to be destroyed. Nearby, another farmer relies on expensive water deliveries, because he is prohibited from accessing water from the pipeline he can see from his farm (Al Jazeera 2018). Since 1967, when Israel gained control of water in Palestinian territories, this is what life has looked like for not only Palestinian farmers, but all Palestinians living under Israeli settler colonialism. Water is close enough to touch, but always out of reach. This lack of access forces Palestinians to move or suffer the consequences of inadequate water supply. Despite decades of international resolutions, pleas and negotiations to end the settler colonial deprivation of resources, displacement and disempowerment, there has been little progress in confronting Israel’s ethnic cleansing and forced displacement of Palestinians. This systemic, intentional and violent deprivation of resources has major consequences for Palestinian health, wellbeing and economic mobility. It is just one of many ways in which the Palestinian experience is intertwined with suffering,
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