DOCSLIB.ORG

Perils of Parity: Palestine’S Permanent Transition Zinaida Miller†

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Perils of Parity: Palestine’S Permanent Transition Zinaida Miller† \\jciprod01\productn\C\CIN\47-2\CIN203.txt unknown Seq: 1 9-OCT-14 13:33 Perils of Parity: Palestine’s Permanent Transition Zinaida Miller† Introduction: Stalemate, Internationalized ........................ 332 R I. Prelude: The Legal and Institutional Background for International Governance ................................. 338 R A. The View from the Law of Occupation ................. 341 R B. Occupation on the Ground: 1967– 1993 ............... 344 R C. Occupation Under Oslo/Oslo Under Occupation: 1993– 2013 ........................................... 348 R 1. Spatial Separation ................................. 349 R 2. Palestinian Authority Governance ................... 353 R II. International Governance: Money and Expertise Under Oslo ..................................................... 356 R A. Peace and Development After the Cold War ............ 358 R 1. The New Peace .................................... 359 R 2. Economic Development ............................. 362 R 3. Human Rights ..................................... 364 R 4. Humanitarianism .................................. 366 R B. Peace and Development in the Palestinian Territories: International Aid, 1993– 2013 ......................... 368 R 1. Building Peace: 1993– 2000 ......................... 368 R 2. Managing Crisis: 2000– 2006 ....................... 371 R 3. Confronting Statehood: 2006– 2013 .................. 372 R C. Costs and Consequences .............................. 375 R 1. Subsidy ........................................... 377 R 2. Infrastructure ..................................... 377 R 3. Mitigation ......................................... 379 R III. Reframing the Conflict: The Significance of Oslo ......... 382 R A. Parity ................................................. 383 R 1. Imagining Equality ................................. 384 R 2. Limits of Peacemaking ............................. 390 R B. Economism ........................................... 394 R 1. A Question of Development? ........................ 395 R 2. Politics and Depoliticization ........................ 401 R † Senior Fellow, Institute for Global Law and Policy, Harvard Law School. J.D., Harvard Law School; M.A.L.D., The Fletcher School, Tufts University; Ph.D. Candidate, The Fletcher School, Tufts University. My thanks to the editors of the CILJ for their patience and hard work. For their extraordinary contributions and consultations, my thanks to Aziza Ahmed, Robert Blecher, Karen Engle, Janet Halley, Ian Johnstone, Lisa Kelly, David Kennedy, Duncan Kennedy, Lilia Ella Blecher Miller, Ylana Miller, Martin Miller, Naz Modirzadeh, Rachel Rebouch´e, Sara Roy, and Peter Uvin. 47 CORNELL INT’L L.J. 331 (2014) \\jciprod01\productn\C\CIN\47-2\CIN203.txt unknown Seq: 2 9-OCT-14 13:33 332 Cornell International Law Journal Vol. 47 C. Transition ............................................ 405 R 1. Process and Progress ............................... 405 R 2. Permanent Transition .............................. 410 R Conclusion....................................................... 412 R A decade [after the signing of the Oslo Accords,] . the image of [a Pales- tinian] economy had taken form. The superheroes were not the negotia- tors . and not even the Audi-happy Palestinian ministers, but rather the donors and their agents who built an entire aid industry using the [Oslo] agreements . as its foundation. – Sam Bahour1 Good governance is the highest form of resistance. – Senior Palestinian official2 Introduction: Stalemate, Internationalized3 On September 13, 1993, the New York Times announced, “In a triumph of hope over history, Yitzhak Rabin, the Prime Minister of Israel, and Yasir Arafat, the chairman of the [Palestinian Liberation Organization (PLO)], shook hands today on the White House lawn, sealing the first agreement between Jews and Palestinians to end their conflict and share the holy land . that they both call home.”4 Media the world over echoed the themes of “hope over history,” peace over war, negotiation and compromise over violence and conflict.5 Many expected that the Declaration of Princi- ples on Palestinian Self-Government signed that day, along with several agreements known collectively as the “Oslo Accords,”6 would usher in a new and profoundly different era for Israelis and Palestinians.7 1. Sam Bahour, Palestine’s Economic Hallucination, 165 THIS WEEK IN PALESTINE, Jan. 2012. 2. Interview with senior Palestinian official in Ramallah, West Bank (Jan. 2009). 3. In addition to secondary literature, reference will be made to interviews conducted by the author in Israel and the West Bank between 2007 and 2009. Names have been kept confidential. 4. Thomas L. Friedman, Rabin and Arafat Seal Their Accord as Clinton Applauds ‘Brave Gamble’, N.Y. TIMES, Sept. 13, 1993, at lA1. 5. See id. 6. Declaration of Principles on Interim Self-Government Arrangements, Isr.-PLO, art. 1, Sept. 13, 1993, 32 I.L.M 1525 (1993) [hereinafter DOP]. The litany of documents and meetings that have emerged from various bilateral negotiations since Oslo is vast in scope. Following the Declaration of Principles, there was the Agreement on the Gaza Strip and the Jericho Area (1994); Interim Agreement on the West Bank and Gaza Strip (1995); Hebron Agreement (1997); Wye River Memorandum (1998); Sharm el-Sheikh Memorandum (1999); Camp David II Summit (2000); Taba negotiations (2001); Quartet on the Middle East, A Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict (2003), available at http://www.un.org/News/dh/ mideast/roadmap122002.pdf [hereinafter Roadmap]; and the Annapolis Conference (2007). 7. This description is not to imply that there were no skeptics at the time. The most renowned was, perhaps, Edward Said, who authored a series of articles criticizing the Accords. Several of these were later collected in Said’s PEACE AND ITS DISCONTENTS: ESSAYS ON PALESTINE IN THE MIDDLE EAST PEACE PROCESS (1996). \\jciprod01\productn\C\CIN\47-2\CIN203.txt unknown Seq: 3 9-OCT-14 13:33 2014 Perils of Parity 333 By April 2014, the New York Times had a more skeptical assessment: “The crisis that engulfed the ailing Middle East peace process this week was much more about preserving the process than finding a path to peace.”8 More than two decades after the historic handshake, the goals of the Oslo Accords remain unfulfilled: violence continues, the parties have failed to achieve a diplomatic agreement, and Israeli occupation persists.9 Yet the institutional forms, central players, and daily practices of the Israeli- Palestinian conflict have been transformed. In this sense, the “Oslo regime” is as significant for the system it produced as for the solution it failed to provide. The Accords produced a durable new reality in the West Bank and Gaza10 in which international ideas, donor aid, and expert assis- tance play a dominant role in the routine organization and management of the Palestinian territories. The Oslo Accords both anticipated and necessitated international intervention. International organizations and foreign states have played a role in managing, governing, and shaping the territory between the Jordan River and the Mediterranean Sea for over a century.11 Their direct role on the ground diminished between 1948, with the establishment of the state of Israel, and 1993.12 With the advent of the Oslo era, however, interna- tional money, expertise, and ideas became central once again. Israelis and Palestinians negotiated the Accords in an era of increased international involvement in conflict and post-conflict territories, and the Accords were predicated on the availability of international resources and experts. Yet international norms and ideas shaped the regime the Accords produced in ways that its authors could not have foreseen. International involvement contributed to reframing the conflict from the occupation of territory by a victorious power against the will and resistance of a local population, into an indefinite “transition” in which two organized entities face one another in negotiations as notional equals while the focal point of public life in the occupied territories shifts from political resistance to institution-building, economic development, and security. The Oslo regime formally reallocated power and responsibility for the 8. Jodi Rudoren, A Peace Process in Which Process Has Come to Outweigh Peace, N.Y. Times, Apr. 4, 2014, at A1. 9. Id. 10. Throughout this Article, “West Bank and Gaza,” “occupied territories,” and “Pal- estinian territories” will be used interchangeably. 11. See generally MARK TESSLER, A HISTORY OF THE ISRAELI-PALESTINIAN CONFLICT (2009). 12. The notable exception is the U.N. Relief and Works Agency for Palestine Refu- gees (UNRWA), which was established in 1949 by the U.N. General Assembly and has worked continuously in the West Bank and Gaza. UNGA A/ RES/302 (IV), 8 Dec. 1949. In 2014, UNRWA served approximately 2 million registered refugees in the West Bank and Gaza. UNRWA: Where We Work, UNITED NATIONS RELIEF AND WORKS AGENCY, availa- ble at http://www.unrwa.org/where-we-work (last visited Apr. 18, 2014). As an institu- tion founded in a wholly different context and operating separately from the Oslo regime, the study of UNRWA is beyond the scope of this Article. \\jciprod01\productn\C\CIN\47-2\CIN203.txt unknown Seq: 4 9-OCT-14 13:33 334 Cornell International Law Journal Vol. 47 Palestinian population and territory between Israel13 and the Palestinian Authority (“the Authority”), the nascent quasi-government
Load more

Recommended publications
  • The Occupation's Fig Leaf
    B’Tselem will no longer play a part in the pretense posed by the military law enforcement system and will no longer refer complaints to it. The Occupation's The experience we have gained, on which we Fig Leaf base the conclusions presented in this report, has brought us to the realization that there is Israel’s Military Law Enforcement no longer any point in pursuing justice and defending human rights by working with a System as a Whitewash Mechanism system whose real function is measured by its ability to continue to successfully cover up unlawful acts and protect perpetrators. The Occupation's Fig Leaf Israel’s Military Law Enforcement System as a Whitewash Mechanism May 2016 ISBN 978-965-7613-19-1 Cover: THOMAS COEX/AFP/Getty Images Einhar Design -1- -2- Table of Contents Introduction .......................................................................................................................................................... 5 The military law enforcement system: In theory ........................................................................................ 7 The military law enforcement system: In practice .................................................................................... 16 Conclusions ...................................................................................................................................................... 36 Table : MAG Corps handling of incidents referred by B’Tselem - 2000-2015 ............................................. 40 Illustrative Cases The killing of Wadi’ Samarah
    [Show full text]
  • Light at the End of Their Tunnels? Hamas & the Arab
    LIGHT AT THE END OF THEIR TUNNELS? HAMAS & THE ARAB UPRISINGS Middle East Report N°129 – 14 August 2012 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... i I. INTRODUCTION ............................................................................................................. 1 II. TWO SIDES OF THE ARAB UPRISINGS .................................................................... 1 A. A WEDDING IN CAIRO.................................................................................................................. 2 B. A FUNERAL IN DAMASCUS ........................................................................................................... 5 1. Balancing ..................................................................................................................................... 5 2. Mediation ..................................................................................................................................... 6 3. Confrontation ............................................................................................................................... 7 4. The crossfire................................................................................................................................. 8 5. Competing alliances ................................................................................................................... 10 C. WHAT IMPACT ON HAMAS? ......................................................................................................
    [Show full text]
  • Can Oslo's Failed Aid Model Be Laid to Rest?
    Jeremy Wildeman and Alaa Tartir Can Oslo’s failed aid model be laid to rest? Policy brief Original citation: Wildeman, Jeremy and Tartir, Alaa, Can Oslo’s failed aid model be laid to rest? Al-Shabaka policy brief, Al-Shabaka, The Palestinian Policy Network (September 2013) Originally available from Al-Shabaka, The Palestinian Policy Network This version available at: http://eprints.lse.ac.uk/54171/ Available in LSE Research Online: Nov 2013 © 2013 The Authors LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. [email protected] www.al-shabaka.org al-shabaka policy brief CAN OSLO’S FAILED AID MODEL BE LAID TO REST? By Jeremy Wildeman and Alaa Tartir September 2013 Overview Since the signing of the 1993 Oslo Declaration of Principles, the donor community has invested more than $23 billion into “peace and development” in the Occupied Palestinian Territory (OPT), making it one of the highest per capita recipients of non-military aid in the world. However, aid has not brought peace, development, or security for the Palestinian people, let alone justice.
    [Show full text]
  • U.S. Foreign Aid to the Palestinians
    U.S. Foreign Aid to the Palestinians Jim Zanotti Specialist in Middle Eastern Affairs June 25, 2012 Congressional Research Service 7-5700 www.crs.gov RS22967 CRS Report for Congress Prepared for Members and Committees of Congress U.S. Foreign Aid to the Palestinians Summary Since the establishment of limited Palestinian self-rule in the West Bank and Gaza Strip in the mid-1990s, the U.S. government has committed over $4 billion in bilateral assistance to the Palestinians, who are among the world’s largest per capita recipients of international foreign aid. Successive Administrations have requested aid for the Palestinians to support at least three major U.S. policy priorities of interest to Congress: • Combating, neutralizing, and preventing terrorism against Israel from the Islamist group Hamas and other militant organizations. • Creating a virtuous cycle of stability and prosperity in the West Bank that inclines Palestinians toward peaceful coexistence with Israel and prepares them for self-governance. • Meeting humanitarian needs and preventing further destabilization, particularly in the Gaza Strip. Since June 2007, these U.S. policy priorities have crystallized around the factional and geographical split between the Fatah-led Palestinian Authority (PA) in the West Bank and Hamas in the Gaza Strip. In April 2012, the Obama Administration obligated all remaining FY2011 bilateral assistance for the Palestinians. Obligation had been delayed for several months due to informal congressional holds by some U.S. lawmakers. The holds were largely a response to Palestinian pursuit in late 2011 of United Nations-related initiatives aimed at increasing international recognition of Palestinian statehood outside of negotiations with Israel.
    [Show full text]
  • How Norms and Pathways Have Developed Phd Th
    European civil actors for Palestinian rights and a Palestinian globalized movement: How norms and pathways have developed PhD Thesis (Erasmusmundus GEM Joint Doctorate in Political and Social Sciences from Université Libre de Bruxelles _ ULB- & Political Science and Theory from LUISS Guido Carli University, Rome) By Amro SADELDEEN Thesis advisors: Pr. Jihane SFEIR (ULB) Pr. Francesca CORRAO (Luiss) Academic Year 2015-2016 1 2 Contents Abbreviations, p. 5 List of Figures and tables, p. 7 Acknowledgement, p.8 Chapter I: Introduction, p. 9 1. Background and introducing the research, p. 9 2. Introducing the case, puzzle and questions, p. 12 3. Thesis design, p. 19 Chapter II: Theories and Methodologies, p. 22 1. The developed models by Sikkink et al., p. 22 2. Models developed by Tarrow et al., p. 25 3. The question of Agency vs. structure, p. 29 4. Adding the question of culture, p. 33 5. Benefiting from Pierre Bourdieu, p. 34 6. Methodology, p. 39 A. Abductive methodology, p. 39 B. The case; its components and extension, p. 41 C. Mobilizing Bourdieu, TSM theories and limitations, p. 47 Chapter III: Habitus of Palestinian actors, p. 60 1. Historical waves of boycott, p. 61 2. The example of Gabi Baramki, p. 79 3. Politicized social movements and coalition building, p. 83 4. Aspects of the cultural capital in trajectories, p. 102 5. The Habitus in relation to South Africa, p. 112 Chapter IV: Relations in the field of power in Palestine, p. 117 1. The Oslo Agreement Period, p. 118 2. The 1996 and 1998 confrontations, p.
    [Show full text]
  • Exporting Zionism
    Exporting Zionism: Architectural Modernism in Israeli-African Technical Cooperation, 1958-1973 Ayala Levin Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy under the Executive Committee of the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2015 © 2015 Ayala Levin All rights reserved ABSTRACT Exporting Zionism: Architectural Modernism in Israeli-African Technical Cooperation, 1958-1973 Ayala Levin This dissertation explores Israeli architectural and construction aid in the 1960s – “the African decade” – when the majority of sub-Saharan African states gained independence from colonial rule. In the Cold War competition over development, Israel distinguished its aid by alleging a postcolonial status, similar geography, and a shared history of racial oppression to alleviate fears of neocolonial infiltration. I critically examine how Israel presented itself as a model for rapid development more applicable to African states than the West, and how the architects negotiated their professional practice in relation to the Israeli Foreign Ministry agendas, the African commissioners' expectations, and the international disciplinary discourse on modern architecture. I argue that while architectural modernism was promoted in the West as the International Style, Israeli architects translated it to the African context by imbuing it with nation-building qualities such as national cohesion, labor mobilization, skill acquisition and population dispersal. Based on their labor-Zionism settler-colonial experience,
    [Show full text]
  • Israel in Figures”, Which Covers a Broad Range of Topics Related Affiliated with the Prime Minister’S to Israeli Demography, Society, and Economy
    הלשכה המרכזית לסטטיסטיקה מדינת ישראל STATE OF ISRAEL Central Bureau of Statistics ΔϳΰϛήϤϟ΍ ˯ΎμΣϹ΍ Γή΋΍Ω 2011 IIsrael INsr FIGURESael Introduction 3 The State of Israel 4 Key Figures 6 Climate 8 Environment 9 Population 10 Vital Statistics (live births, deaths, marriages, divorces) 11 Households and Families 12 Society and Welfare 13 Education 14 Health 15 Labour 16 Wages 17 National Economy 18 Government 19 Balance of Payments and Foreign Trade 20 Construction, Electricity and Water 21 Manufacturing, Commerce and Services 22 Science and Technology 23 Transport and Communications 24 Tourism 25 Agriculture 26 INTRODUCTION ABOUT THE CBS The Central Bureau of Statistics [CBS] is pleased to present the public with The CBS is an independent unit the booklet “Israel in Figures”, which covers a broad range of topics related affiliated with the Prime Minister’s to Israeli demography, society, and economy. Office. It operates in accordance with Statistical Order (new version) 1972, The booklet provides a brief summary of data on Israel. In this limited format, and is responsible for the official many topics could not be covered. statistics of Israel. The data presented here are updated to 2010, unless otherwise stated. The mission of the CBS is to Some of the figures are rounded. provide updated, high quality, and independent statistical information for For more comprehensive information about the country, including detailed a wide variety of users in Israel and definitions and explanations related to a broad range of topics, please refer abroad. to the Statistical Abstract of Israel No. 62, 2011 and the CBS website (www.cbs.gov.il) and other CBS publications that deal specifically with the The clientele of the CBS include topic in question.
    [Show full text]
  • BDS: How a Controversial Non Violent Movement Has Transformed The
    8/6/2019 BDS: how a controversial non-violent movement has transformed the Israeli-Palestinian debate | News | The Guardian BDS: how a controversial nonviolent movement has transformed the sraeliPalestinian debate Israel sees the international boycott campaign as an existential threat to the Jewish state. Palestinians regard it as their last resort. By Nathan Thrall Main image: Bethlehem, June 2015. Photograph: Thomas Coex/AFP/Getty Images Tue 14 Aug 2018 06.00 BST he movement for Boycott, Divestment and Sanctions against Israel – known as BDS – has been driving the world a little bit mad. Since its founding 13 years ago, it has acquired nearly as many enemies as the Israelis and Palestinians combined. It has hindered the efforts of Arab states to fully break their own decades-old boycott in pursuit of increasingly overt cooperation with Israel. It has shamed the Palestinian Authority government in Ramallah by denouncing its security and Teconomic collaboration with Israel’s army and military administration. It has annoyed the Palestine Liberation Organization by encroaching on its position as the internationally recognised advocate and representative of Palestinians worldwide. It has infuriated the Israeli government by trying to turn it into a leper among liberals and progressives. It has exasperated what is left of the Israeli peace camp by nudging the Palestinians away from an anti-occupation struggle and towards an anti-apartheid one. It has induced such an anti-democratic counter-campaign by the Israeli government that it has made Israeli liberals fear for the future of their country. And it has caused major headaches for the Palestinians’ donor governments in Europe, which are pressured by Israel not to work with BDS-supporting organisations in the Palestinian territories, an impossible request given that nearly all major civil society groups in Gaza and the West Bank support the movement.
    [Show full text]
  • Light at the End of Their Tunnels? Hamas & the Arab Uprisings
    LIGHT AT THE END OF THEIR TUNNELS? HAMAS & THE ARAB UPRISINGS Middle East Report N°129 – 14 August 2012 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... i I. INTRODUCTION ............................................................................................................. 1 II. TWO SIDES OF THE ARAB UPRISINGS .................................................................... 1 A. A WEDDING IN CAIRO.................................................................................................................. 2 B. A FUNERAL IN DAMASCUS ........................................................................................................... 5 1. Balancing ..................................................................................................................................... 5 2. Mediation ..................................................................................................................................... 6 3. Confrontation ............................................................................................................................... 7 4. The crossfire................................................................................................................................. 8 5. Competing alliances ................................................................................................................... 10 C. WHAT IMPACT ON HAMAS? ......................................................................................................
    [Show full text]
  • UC Irvine Electronic Theses and Dissertations
    UC Irvine UC Irvine Electronic Theses and Dissertations Title The Petrodollar Era and Relations between the United States and the Middle East and North Africa, 1969-1980 Permalink https://escholarship.org/uc/item/9m52q2hk Author Wight, David M. Publication Date 2014 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERISITY OF CALIFORNIA, IRVINE The Petrodollar Era and Relations between the United States and the Middle East and North Africa, 1969-1980 DISSERTATION submitted in partial satisfaction of the requirements for the degree of DOCTOR OF PHILOSOPHY in History by David M. Wight Dissertation Committee: Professor Emily S. Rosenberg, chair Professor Mark LeVine Associate Professor Salim Yaqub 2014 © 2014 David M. Wight DEDICATION To Michelle ii TABLE OF CONTENTS Page LIST OF FIGURES iv LIST OF TABLES v ACKNOWLEDGMENTS vi CURRICULUM VITAE vii ABSTRACT OF THE DISSERTATION x INTRODUCTION 1 CHAPTER 1: The Road to the Oil Shock 14 CHAPTER 2: Structuring Petrodollar Flows 78 CHAPTER 3: Visions of Petrodollar Promise and Peril 127 CHAPTER 4: The Triangle to the Nile 189 CHAPTER 5: The Carter Administration and the Petrodollar-Arms Complex 231 CONCLUSION 277 BIBLIOGRAPHY 287 iii LIST OF FIGURES Page Figure 1.1 Sectors of the MENA as Percentage of World GNI, 1970-1977 19 Figure 1.2 Selected Countries as Percentage of World GNI, 1970-1977 20 Figure 1.3 Current Account Balances of the Non-Communist World, 1970-1977 22 Figure 1.4 Value of US Exports to the MENA, 1946-1977 24 Figure 5.1 US Military Sales Agreements per Fiscal Year, 1970-1980 255 iv LIST OF TABLES Page Table 2.1 Net Change in Deployment of OPEC’s Capital Surplus, 1974-1976 120 Table 5.1 US Military Sales Agreements per Fiscal Year, 1970-1980 256 v ACKNOWLEDGMENTS It is a cliché that one accumulates countless debts while writing a monograph, but in researching and writing this dissertation I have come to learn the depth of the truth of this statement.
    [Show full text]
  • In the United States Court of Appeals for the Fifth Circuit ______
    No. 19-50384 _____________________________________________________________________________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________________________________________________________________________________ BAHIA AMAWI, Plaintiff-Appellee, v. KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS, Defendant-Appellant. _____________________________________________________________________________________________ JOHN PLUECKER; OBINNA DENNAR; ZACHARY ABDELHADI; GEORGE HALE, Plaintiffs-Appellees, v. BOARD OF REGENTS OF THE UNIVERSITY OF HOUSTON SYSTEM; TRUSTEES OF THE KLEIN INDEPENDENT SCHOOL DISTRICT; TRUSTEES OF THE LEWISVILLE INDEPENDENT SCHOOL DISTRICT; BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM, Defendants-Appellants. _____________________________________________________________________________________________ On Appeal from the United States District Court for the Western District of Texas, Austin Division Case Nos. 1:18-CV-1091-RP and 1:18-CV-1100-RP _____________________________________________________________________________________________ BRIEF OF AMICI CURIAE THE CENTER FOR CONSTITUTIONAL RIGHTS AND PALESTINE LEGAL IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE _____________________________________________________________________________________________ Counsel listed on next page Radhika Sainath Maria C. LaHood Palestine Legal Center for Constitutional 55 Exchange Place, Suite 402 Rights New York, NY 10005 666 Broadway, 7th Floor (312) 212-0448 New York,
    [Show full text]
  • Civic Identity in the Jewish State and the Changing Landscape of Israeli Constitutionalism
    Claremont Colleges Scholarship @ Claremont CMC Senior Theses CMC Student Scholarship 2018 Shifting Priorities? Civic Identity in the Jewish State and the Changing Landscape of Israeli Constitutionalism Mohamad Batal Follow this and additional works at: https://scholarship.claremont.edu/cmc_theses Part of the Constitutional Law Commons, and the Law and Politics Commons Recommended Citation Batal, Mohamad, "Shifting Priorities? Civic Identity in the Jewish State and the Changing Landscape of Israeli Constitutionalism" (2018). CMC Senior Theses. 1826. https://scholarship.claremont.edu/cmc_theses/1826 This Open Access Senior Thesis is brought to you by Scholarship@Claremont. It has been accepted for inclusion in this collection by an authorized administrator. For more information, please contact [email protected]. Claremont McKenna College Shifting Priorities? Civic Identity in the Jewish State and the Changing Landscape of Israeli Constitutionalism Submitted To Professor George Thomas by Mohamad Batal for Senior Thesis Spring 2018 April 23, 2018 ii iii iv Abstract: This thesis begins with an explanation of Israel’s foundational constitutional tension—namely, that its identity as a Jewish State often conflicts with liberal- democratic principles to which it is also committed. From here, I attempt to sketch the evolution of the state’s constitutional principles, pointing to Chief Justice Barak’s “constitutional revolution” as a critical juncture where the aforementioned theoretical tension manifested in practice, resulting in what I call illiberal or undemocratic “moments.” More profoundly, by introducing Israel’s constitutional tension into the public sphere, the Barak Court’s jurisprudence forced all of the Israeli polity to confront it. My next chapter utilizes the framework of a bill currently making its way through the Knesset—Basic Law: Israel as the Nation-State of the Jewish People—in order to draw out the past and future of Israeli civic identity.
    [Show full text]