The EU Must Change Vocabulary on Israel-Palestine

Total Page:16

File Type:pdf, Size:1020Kb

The EU Must Change Vocabulary on Israel-Palestine The EU Must Change Vocabulary on Israel-Palestine © 2021 IAI by Michelle Pace As hundreds of Palestinians began Gazans as human beings – in spite of cleaning the debris left behind by Israel’s the “hell on earth”3 that Israel’s settler- ISSN 2532-6570 latest 11-day assault on the Gaza Strip – colonial violence has imposed upon which caused at least 256 Palestinian them.4 deaths, including 66 children, and a further 13 deaths within Israel1 –, a The campaign’s quest to humanise degree of humanity was restored to the everyday suffering of 2 million Gaza’s besieged population. inhabitants of Gaza stands in sharp contrast to Israel’s representation of the The Gaza City municipality – which Gaza Strip as a hotbed of terrorists: the initiated the volunteering campaign campaign overrides such depictions – named it Han’amarha (“we will build with the spirit of hope, love, solidarity it”).2 A strong statement that contributes and community. to undermine the “us” versus “them” binary, providing a window into the What happened across occupied individual and collective struggle of Palestinian territory (oPt) during May 2021 serves as a reminder that we are 1 The Norwegian Refugee Council confirmed again witnessing Israel’s sustained that 11 of the over 60 children killed by Israeli air strikes in Gaza were participating in its psycho- social programme aimed at helping them deal 3 UN Secretary General, António Guterres, with trauma. See, Norwegian Refugee Council, described the lives of children in Gaza as “hell Eleven Children Receiving NRC Trauma Care on earth” on 20 May 2021. See, UN News, Gaza Killed in Their Homes by Israeli Air Strikes, 18 Children Living in ‘Hell on Earth’, UN Chief Says, May 2021, https://www.nrc.no/news/2021/ Urging Immediate End to Fighting, 20 May 2021, may/11-children-killed. https://news.un.org/en/node/1092332. 2 “Hundreds of Palestinians Volunteer to 4 Rashid Khalidi, The Hundred Years’ War on Clean up War-Ravaged Gaza (Video)”, in Palestine. A History of Settler Colonialism and Palestine Chronicle, 24 May 2021, https://www. Resistance, 1917–2017, New York, Metropolitan palestinechronicle.com/?p=71050. Books, 2020. IAI COMMENTARIES 21 | 28 - JUNE 2021 IAI COMMENTARIES Michelle Pace is Professor in Global Studies at Roskilde University and Associate Fellow at Chatham House’s Europe Programme. 1 The EU Must Change Vocabulary on Israel-Palestine campaign of pressure through Predictably, Israel rejects these claims, “continued military rule, dispossession, dismissing any reflective thinking discrimination and violence”.5 about how its illegal actions (as a political agent) continue to embolden If observers have any doubts as the Palestinians’ determination to fight to whether Israel is intentionally for liberation. committing collective punishment and war crimes aimed at making life In fact, Israeli actions have sparked a © 2021 IAI unbearable for Palestinians, a number global solidarity movement in support of reputable international organisations of Palestinian rights. Israel is feeling the have responded with nuanced evidence. pressure and is increasingly anxious The April 2021 report by Human Rights about it. When truth speaks to power it Watch finds Israel guilty of the crimes of can be more powerful than one of the apartheid and persecution.6 Israeli rights strongest armies in the world. bodies – including B’Tselem and Yesh Din – similarly claim that Israel is not a The idea of Palestine is not just about democracy but an “apartheid regime”.7 a place/country: its reach goes beyond ISSN 2532-6570 Furthermore, the International Criminal a specific geographical location.9 It Court’s chief prosecutor has opened a has become an ideal, an ideal that is formal investigation into alleged war spreading around the world. Global crimes in the oPt.8 solidarity for Palestine and Palestinian rights demonstrates the broad reach of this ideal, speaking loudly in the 5 Mairav Zonszein, “Haaretz front page today face of Israel’s injustice, violence and on the 67 children killed in Gaza…”, Twitter occupation. The vitality of the idea of post, 27 May 2021, https://twitter.com/mairavz/ status/1397787259223654400. Palestine conjures a sense of power 6 Human Rights Watch, A Threshold Crossed. that Palestinians hold and Israel cannot Israeli Authorities and the Crimes of Apartheid destroy. and Persecution, April 2021, https://www.hrw. org/node/378469. 7 B’Tselem, A Regime of Jewish Supremacy Europe has long been involved in Israel- from the Jordan River to the Mediterranean Sea: Palestine. Since the creation of Israel This Is Apartheid, 12 January 2021, http://www. btselem.org/node/213260; Michael Sfard, The 9 Edward W. Said, “The Idea of Palestine in the Occupation of the West Bank and the Crime of West”, in MERIP Reports, No. 70 (September Apartheid: Legal Opinion, Yesh Din, June 2020, 1978), p. 3-11. Palestinian territorial nationalism https://www.yesh-din.org/?p=7039. was created by Jewish Zionist nationalism. 8 International Criminal Court, Statement of See the King-Crane Commission report for ICC Prosecutor, Fatou Bensouda, Respecting more on this: Henry C. King and Charles R. an Investigation of the Situation in Palestine, Crane, Recommendations of the King-Crane 3 March 2021, https://www.icc-cpi.int/ Commission with regard to Syria-Palestine Pages/item.aspx?name=210303-prosecutor- and Iraq, 29 August 2019, https://www.un.org/ statement-investigation-palestine. See also unispal/document/auto-insert-206598; and Amnesty International, Israel/OPT: Pattern Geremy Forman and Alexandre (Sandy) Kedar, of Israeli Attacks on Residential Homes in “From Arab Land to Israel Lands: The Legal Gaza Must Be Investigated as War Crimes, 17 Dispossession of the Palestinians Displaced by May 2021, https://www.amnesty.org/en/latest/ Israel in the Wake of 1948”, in Environment and news/2021/05/israelopt-pattern-of-israeli- Planning D: Society and Space, Vol. 22, No. 6 attacks-on-residential-homes-in-gaza-must-be- (December 2004), p. 809-830. Thanks to Charles investigated-as-war-crimes. Shamas for our discussion on this point. IAI COMMENTARIES 21 | 28 - JUNE 2021 IAI COMMENTARIES 2 The EU Must Change Vocabulary on Israel-Palestine in 1948 and the parallel beginnings occupier has proven a dismal failure? of the Palestine refugee issue – with over 700,000 Palestinians fleeing or The facts on the ground speak to forced to abandon their homes in what Israel’s commitment to a unilateral became Israel –, Europe has sought to annexation of parts of the West Bank position itself as a mediator and power and discriminatory policies towards broker in the region. In spite of different the Palestinians. When in 2018 Israel’s European countries changing their “Nation-State Law” specified Israel as the © 2021 IAI stances according to specific events and nation-state of the Jewish people, thus political orientations, the EU has long formalising Israel as a Jewish state12 – sought to adopt and maintain a single not as a Jewish and democratic state – policy on Palestine. the EU condemned the move. Yet, little of concrete has followed. In 1980, the then nine member European Community issued the Venice Europe needed no further evidence of Declaration, an important milestone Israeli Zionist exclusivism in historic in that it recognised Palestinians’ right Palestine. The EU’s prescription based on ISSN 2532-6570 to self-determination.10 Since then, negotiations between two presumably European countries have attempted equal parties in “conflict” is complicit to maintain a balance between their in Israel’s own embrace of the nation- support for Israeli security and right to state model which helps enable Israel’s exist on the one hand and Palestinian growing settler-colonial expansionism self-determination and independence and erasure of Palestinians from historic on the other. Palestine. If the EU is to have any legitimacy in this question, its efforts Their mantra has been that of pressing need to target Israel’s decoupling of for negotiations towards a two-state state from nation, while advancing the framework. The problems with this possibility of a state of no nation. formulation are well known.11 Young Palestinians in the occupied West Bank, This moment will come if and when East Jerusalem and the Gaza Strip, make the EU musters the courage to demand a laughing stock out of this concept: an end to apartheid. It must do this how can the EU be so far removed from together with international partners, their daily struggles across the oPt? Can’t even together with the US, given its the EU admit that this fixation on direct monopoly over Israeli-Palestinian negotiations between occupied and diplomacy. A new and alternative political order must be defined to push 10 Daniela Huber, “A New Venice Declaration the international community to end the from a ‘Coalition of the Lead Donors’ on Israel/ longest occupation in modern history.13 Palestine”, in IAI Commentaries, No. 19|30 (April 2019), https://www.iai.it/en/node/10253. 12 11 Michelle Pace, “The End of EU Democracy Knesset, “Full Text of Basic Law: Israel as the Promotion and of the Two-State Solution?”, in Nation State of the Jewish People”, in Knesset Esra Bulut Aymat (ed.), “European Involvement News, 19 July 2018, https://main.knesset.gov. in the Arab-Israeli Conflict”, inChaillot Papers, il/en/News/PressReleases/Pages/Pr13978_ No. 124 (December 2010), p. 87-96, https://www. pg.aspx. iss.europa.eu/node/688. 13 Marwan Muasher, “The EU’s Passive Approach IAI COMMENTARIES 21 | 28 - JUNE 2021 IAI COMMENTARIES 3 The EU Must Change Vocabulary on Israel-Palestine The EU needs to address Zionism consciousness based on the recognition head on and Zionists need to similarly that the flourishing of Jews and Jewish contemplate a situation where Jews will life does not require Zionism.”16 live alongside a non-Jewish majority in Palestine, on the basis of democracy: In It is therefore time for the EU to start other words what is needed is a vision focusing its efforts on the social of a state that is not constituted as a consciousness of Israelis.
Recommended publications
  • West Bank Settlement Homes and Real Estate Occupation
    Neoliberal Settlement as Violent State Project: West Bank Settlement Homes and Real Estate Occupation Yael Allweil Faculty of Architecture and Town Planning, Technion and Israel Institute for Advanced Studies [email protected] Abstract Intense ideological debates over the legal status of West Bank settlements and political campaigns objecting to or demanding their removal largely neglect the underlying capitalist processes that construct these settlements. Building upon the rich scholarship on the interrelations of militarism and capitalism, this study explores the relationship between capitalist and militarist occupation through housing development. Pointing to neoliberalism as central to the ways in which militarism and capitalism have played out in Israeli settlement dynamics since 1967, this paper unpacks the mutual dependency of the Israeli settlement project on real estate capitalism and neoliberal governance. Through historical study of the planning, financing, construction, and architecture of settlement dwellings as real estate, as well as interviews and analysis of settler-produced historiographies, this paper identifies the Occupied Territories (OT) as Israel’s testing ground for neoliberal governance and political economy. It presents a complementary historiography for the settlement project, identifying three distinct periods of settlement as the product of housing real estate: neoliberal experimentation (1967-1994), housing militarization (1994-2005), and “real-estate-ization” (2005-present). Drawing on Maron and Shalev
    [Show full text]
  • A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution WATCH
    HUMAN RIGHTS A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution WATCH A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution Copyright © 2021 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-900-1 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org APRIL 2021 ISBN: 978-1-62313-900-1 A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution Map .................................................................................................................................. i Summary ......................................................................................................................... 2 Definitions of Apartheid and Persecution .................................................................................
    [Show full text]
  • Extrajudicial Killing with Near Impunity: Excessive Force by Israeli Law Enforcement Against Palestinians
    \\jciprod01\productn\B\BIN\35-1\BIN104.txt unknown Seq: 1 7-FEB-17 13:24 EXTRAJUDICIAL KILLING WITH NEAR IMPUNITY: EXCESSIVE FORCE BY ISRAELI LAW ENFORCEMENT AGAINST PALESTINIANS Emily Schaeffer Omer-Man* I. INTRODUCTION ............................................ 116 R II. RECENT ALLEGED EXTRAJUDICIAL KILLINGS IN ISRAEL- PALESTINE ................................................ 119 R III. A PATTERN OF EXCESSIVE FORCE AGAINST PALESTINIANS ............................................. 135 R A. Arenas of Excessive Violence against Palestinians ...... 136 R B. The Disparity in Law Enforcement Responses to Palestinians versus Jews ............................... 140 R * The author holds a JD from the University of California, Berkeley School of Law (Boalt), and is an American-Israeli human rights attorney at the Michael Sfard Law Office in Tel Aviv, where she currently serves as senior counsel and acting director. She has been a member of the legal team of Israeli human rights NGO, Yesh Din, for over a decade, and for the last eight years has served as Legal Director of the organization’s Accountability of Security Personnel project. In that capacity, she has represented over 500 Palestinian victims of alleged crimes committed against them or their property by Israeli police, soldiers, and other security personnel. The author is also a legal advisor to Israeli NGOs Breaking the Silence and Peace Now, among others, and represents individuals and communities in bringing human rights claims before the Israeli courts, specializing in International Humanitarian Law and International Human Rights Law and their application to the territories occupied by Israel in 1967. The author wishes to express her gratitude to Shelley Cavalieri, Miri Sharon and Michael Schaeffer Omer-Man for their excellent comments and feedback on previous drafts of this Article, as well as to the remarkable editors of the Boston University International Law Journal for their collaboration on this project and their dedication to bringing this important issue to light.
    [Show full text]
  • Backyard Proceedings
    The military justice system in the Occupied Territories adjudicates thousands of Palestinian civilians prosecuted by the Israel Defense Forces every year. The Military Courts, which have existed for four decades, operate virtually under complete darkness. The report, Backyard Proceedings, provides the Israeli and international public, for the first time in more than 15 years, with information about a system that serves as a cornerstone of Israeli rule in the West Bank. The report examines the degree to which this system upholds Din Yesh and implements the due process rights of Palestinian BACKYARD PROCEEDINGS detainees and defendants brought before the Military THE IMPLEMENTATION OF DUE PROCESS RIGHTS IN THE Courts. The report evaluates, among other things, the MILITARY COURTS IN THE OCCUPIED TERRITORIES realization of a defendant’s right to know the charges against him, to prepare an effective defense, and to enjoy the presumption of innocence. The report further assesses how the principle of a public trial is applied in the Military Courts, how minors are adjudicated in the system and other related subjects. Additionally, the report examines whether the Security Legislation applying to the Occupied Territories meets the requirements of PROCEEDINGS BACKYARD international law regarding due process of law. Through hundreds of observations, the report provides findings about the proceedings in the courtrooms. The findings of the research described in the report reveal a series of grave defects and lapses in the implementation of due process rights in the Military Courts. On the basis of those findings Yesh Din offers recommendations for reforming legislation and policies. Yesh Din-Volunteers for Human Rights was founded in March 2005, and since then its volunteers have been working for structural and long-term improvement of the human rights situation in the Occupied Territories.
    [Show full text]
  • Tailwind Construction on Their Land Or on Public Land
    Yesh Din Illegal construction in the settlements and outposts in the West Bank has been compounded in recent years Tailwind by a pattern of violating judicial orders issued by the Non-enforcement of judicial orders, foot dragging and the retroactive Supreme Court to stop it. The orders were issued as part legalization of illegal construction in the occupied Palestinian territories of petitions submitted by Palestinians following illegal construction on their land or on public land. Despite the gravity of the acts and the depth of the contempt they show for the law enforcement system, they are not met with an adequate enforcement response by the enforcement authorities. בבית המשפט העליון Besides ignoring judicial orders, the State repeatedly בג"ץ 2759/09 evades presenting its position on the petitions. These Tailwind בפני: כבוד השופט ח' מלצר delays, along with the failure to enforce interim orders, העותר: עבד אל נאצר חמד לבום - ראש מועצת הכפר are often exploited to establish new facts on the ground קריות with the intention of preventing the requested remedy נ ג ד from being delivered in the petitions. Furthermore, the State does everything it can to avoid demolishing the המשיבים: 1. שר הבטחון,אהוד ברק 2. מפקד כוחות צה"ל בגדה המערבית ,האלוף גד שמני buildings and tries to legalize the illegal construction 3. ראש המינהל האזרחי , תא"ל יואב מרדכי 4. מפקד משטרת מטה בנימין retroactively by declaring it to be public land (state 5. המועצה האזורית מטה בנימין 6. עלי- אגודה שיתופית חקלאית להתיישבות .land) or by approving plans קהילתית בע"מ עתירה למתן
    [Show full text]
  • De Facto and De Jure Annexation: a Relevant Distinction in International Law? Israel and Area C: a Case Study
    FREE UNIVERSITY OF BRUSSELS European Master’s Degree in Human Rights and Democratisation A.Y. 2018/2019 De facto and de jure annexation: a relevant distinction in International Law? Israel and Area C: a case study Author: Eugenia de Lacalle Supervisor: François Dubuisson ACKNOWLEDGEMENTS First and foremost, our warmest thanks go to our thesis supervisor, François Dubuisson. A big part of this piece of work is the fruit of his advice and vast knowledge on both the conflict and International Law, and we certainly would not have been able to carry it out without his help. It has been an amazing experience to work with him, and we have learned more through having conversations with him than by spending hours doing research. We would like to deeply thank as well all those experts and professors that received an e-mail from a stranger and accepted to share their time, knowledge and opinions on such a controversial topic. They have provided a big part of the foundation of this research, all the while contributing to shape our perspectives and deepen our insight of the conflict. A list of these outstanding professionals can be found in Annex 1. Finally, we would also like to thank the Spanish NGO “Youth, Wake-Up!” for opening our eyes to the Israeli-Palestinian reality and sparkling our passion on the subject. At a more technical level, the necessary field research for this dissertation would have not been possible without its provision of accommodation during the whole month of June 2019. 1 ABSTRACT Since the occupation of the Arab territories in 1967, Israel has been carrying out policies of de facto annexation, notably through the establishment of settlements and the construction of the Separation Wall.
    [Show full text]
  • Fathom Journal Issue 21
    Fathom Journal Issue 21 JOEL SINGER MICHAEL SFARD HUSSEIN AGHA RUTH GAVISON ALAN JOHNSON YOHANAN PLESNER YAIR HIRSCHFELD ALONA WINOGRAD ORNA MIZRAHI YAAKOV LAPPIN DAVID ROSENBERG GERSHON BASKIN HAMUTAL GOURI GARY KENT SHARREN HASKEL LYN JULIUS ADI KEISSAR EINAT WILF NADAV EYAL LIAM HOARE ERAN ETZION JAMES SORENE MIKE PRASHKER ALEX BRUMMER SEAN MATGAMNA JOHN LYNDON JOHN STRAWSON GUNTER JIKEL SARIT LARRY MARTIN JANDER GIL TROY KEITH KAHN-HARRIS YOSSI KLEN HALEVI TOBY GREENE 1 SFARD | A LIBERAL SOCIETY A LIBERAL SOCIETY AND RESPECT FOR HUMAN RIGHTS ARE CRITICALLY IMPORTANT FOR THE WELL-BEING OF THE INDIVIDUAL’: AN INTERVIEW WITH MICHAEL SFARD MICHAEL SFARD Leading Israeli human rights lawyer Michael Sfard talked to Fathom about his new book, The Wall and the Gate: Israel, Palestine, and the Legal Battle for Human Rights. The book has been praised for its ‘immense courage, power, and humanity’ by Philippe Sands, author of the hugely influential East West Street. In this wide-ranging interview, Sfard and Fathom deputy editor Calev Ben-Dor debate the respective roles of law and politics in the protection of human rights in the territories; assess the nature of the legal and moral responsibility that fall on Israelis; weigh the proper place of a Supreme Court in a democracy; disagree about the potential for a near-term Israeli withdraw- al from the West Bank; explore the spectre of racism inside Israeli society, and probe the ethics and politics of Israeli human rights NGOs ‘going abroad’ for funds and a larger audience. Family Calev Ben-Dor: Your parents were Polish dissidents who emigrated to Israel in the late 1960s after your father was released from a prison term for his activism against the communist regime.
    [Show full text]
  • From Occupation to Annexation
    FROM OCCUPATION TO ANNEXATION THE SILENT ADOPTION OF THE LEVY REPORT ON RETROACTIVE AUTHORIZATION OF ILLEGAL CONSTRUCTION IN THE WEST BANK Position Paper, February 2016 Research and writing: Ziv Stahl Legal advice and editing: Atty. Shlomy Zachary, Atty. Michael Sfard Additional editing: Atty. Neta Patrick, Eyal Hareuveni, Noa Cohen Map design: Map 42 Graphic design: Yehuda Dery Studio English translation: Maya Johnston English editing: Leora Gal Public Council: Akiva Eldar, Dan Bavli, Atty. Michael Ben Yair, Prof. Orna Ben-Naftali, Prof. Naomi Chazan, Ruth Cheshin, Joshua Sobol, Prof. Uzi Smilansky, Dani Karavan, Atty. Yehudit Karp, Paul Kedar, Yair Rotlevi, Prof. Zeev Sternhell Yesh Din Volunteers: Rachel Afek, Dahlia Amit, Dr. Hanna Aviram, Maya Bailey, Osnat Ben Shachar, Hanna Barag, Michal Barak, Atty. Dr. Assnat Bartor, Rochale Chayut, Dr. Yehudit Elkana, Rony Gilboa, Tami Gross, Avner Harari, Chen Haklai, Dina Hecht, Niva Inbar, Prof. Eva Jablonka, Daniel Kahn, Edna Kaldor, Nurit Karlin, Ruthie Kedar, Dr. Joel Klemes, Yoram Lehmann, Judy Lotz, Aryeh Magal, Sarah Marliss, Shmuel Nachmully, Amir Pansky, Rina Plesser, Nava Polak, Dr. Nura Resh, Yael Rokni, Maya Rothschild, Eddie Saar, Idit Schlesinger, Meki Shapira, Dr. Tzvia Shapira, Dr. Hadas Shintel, Ayala Sussmann, Sara Toledano, Ruth Weiss Zucker, Lior Yavne Yesh Din Staff: Firas Alami, Yudit Avidor, Muhannad Anati, Maisoon Badawi, Birte Brodkorb, Sophia Brodsky, Noa Cohen, Silan Dallal, Leora Gal, Gilad Grossman, Yossi Gurvitz, Eyal Hareuveni, Moneer Kadus, Alex Vinokurov Liport,
    [Show full text]
  • The Occupation of the West Bank and the Crime of Apartheid
    Executive Summary The Occupation of the West Bank and the Crime of Apartheid: Legal Opinion by Adv. Michael Sfard June 2020 Yesh Din Volunteers for Human Rights Accusations of apartheid have been leveled at Israel, at varying degrees of intensity, for decades. For years, the discourse around apartheid in the Israeli context was the purview of relatively marginal, and extremely radical circles in international civil society and in Palestinian society. This discourse rarely included legal analyses that looked at the suitability of the phrase, as defined in international law, to the nature of the Israeli regime, but relied on intuitive analogies to Apartheid South Africa and remained in the political-public realm. In recent years, apartheid discourse has expanded beyond these boundaries. Accusing Israel of apartheid has become commonplace among growing circles of political activists and even human rights and peace activists, and the question of apartheid in Israel has become the subject of growing legal research. Apartheid is a name for a type of regime and an international crime. Once an ideology of a regime in a specific time and place in the history of the 20th Century, apartheid is now a term for an international crime that constitutes a crime against humanity. The crime of apartheid has a clear definition. Though its origin is historically linked to the racist regime in South Africa, it is now an independent legal concept with a life of its own, which can exist without being founded on racist ideology. This opinion seeks to answer the following question: Is the crime of apartheid being committed in the West Bank? The question could have been asked regarding any other area, for instance, the entire space between the Mediterranean Sea and the Jordan River as a single regime.
    [Show full text]
  • On International Legal Paradigms and the Legal Status of the West Bank
    Washington University Global Studies Law Review Volume 14 Issue 3 2015 The Astro-Nomos: On International Legal Paradigms and the Legal Status of the West Bank Orna Ben-Naftali Haim Striks School of Law, the College of Management Academic Studies Rafi Reznik Tel-Aviv University Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the International Law Commons, and the Law and Politics Commons Recommended Citation Orna Ben-Naftali and Rafi Reznik, The Astro-Nomos: On International Legal Paradigms and the Legal Status of the West Bank, 14 WASH. U. GLOBAL STUD. L. REV. 399 (2015), https://openscholarship.wustl.edu/law_globalstudies/vol14/iss3/6 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. THE ASTRO-NOMOS: ON INTERNATIONAL LEGAL PARADIGMS AND THE LEGAL STATUS OF THE WEST BANK ORNA BEN-NAFTALI RAFI REZNIK ABSTRACT The continuous Israeli occupation of the Palestinian territory may well have exhausted the international community and exasperated the Palestinians, but it still stimulates the Israeli legal imagination. In 2012, the Israeli government established an expert committee to examine the status of Jewish construction in the West Bank. The committee’s report concluded that from an international legal perspective, the West Bank is not occupied territory; the law of belligerent occupation is not applicable to the area; the “prevailing view” is that Jewish settlements are lawful; and that Israel has a valid claim to sovereignty over the territory.
    [Show full text]
  • Israeli Land Grab and Forced Population Transfer of Palestinians: a Handbook for Vulnerable Individuals and Communities
    ISRAELI LAND GRAB AND ISRAELI LAND GRAB AND FORCED POPULATION TRANSFORCEDFER OF PALEST POINPIANSULAT: ION TRANSFERA Handbook OF PALEST for INIANS Vulnerable Individuals and Communities A Handbook for Vulnerable Individuals and Communities BADIL بديــل Resource Center املركز الفلسطيني for Palestinian Residency & Refugee Rights ملصـادر حقـوق املواطنـة والﻻجئـيـن Bethlehem, Palestine June 2013 BADIL بديــل Resource Center املركز الفلسطيني for Palestinian Residency & Refugee Rights ملصـادر حقـوق املواطنـة والﻻجئـيـن Researchers: Amjad Alqasis and Nidal al Azza Research Team: Thayer Hastings, Manar Makhoul, Brona Higgins and Amaia Elorza Field Research Team: Wassim Ghantous, Halimeh Khatib, Dr. Bassam Abu Hashish and Ala’ Hilu Design and Layout: Atallah Salem Printing: Al-Ayyam Printing, Press, Publishing & Distribution Company 152 p. 24cm ISBN 978-9950-339-39-5 ISRAELI LAND GRAB AND FORCED POPULATION TRANSFER OF PALESTINIANS: A HANDBOOK FOR VULNERABLE INDIVIDUALS AND COMMUNITIES / 1. Palestine 2. Israel 3. Forced Population Transfer 4. Land Confiscation 5. Restrictions on Use and Access of Land 6. Home Demolitions 7. Building Permits 8. Colonization 9. Occupied Palestinian Territory 10. Israeli Laws DS127.96.S4I87 2013 All rights reserved © BADIL Resource Center for Palestinian Residency & Refugee Rights June 2013 Credit and Notations Many thanks to all interview partners who provided the foundation for this publication, in particular to Suhad Bishara, Nasrat Dakwar, Manal Hazzan-Abu Sinni, Quamar Mishirqi, Ekram Nicola and Mohammad Abu Remaileh for their insightful and essential guidance in putting together this handbook. We would also like to thank Gerry Liston for his contribution in providing the legal overview presented in the introduction and Rich Wiles for his assistance throughout the editing phase.
    [Show full text]
  • Alleged Investigation
    Out of all the complaints received by Israel’s Military Police Criminal Investigations Division (MPCID) and Military Advocate General’s Corps of criminal offenses Yesh Din allegedly committed by soldiers against Palestinian civilians and their property in the West Bank, only 3.5 percent ultimately lead to indictments. In other Alleged Investigation words, complaints made to military law enforcement THE FAILURE OF INVESTIGATIONS INTO OFFENSES bodies regarding offenses by Israeli soldiers against COMMITTED BY IDF SOLDIERS AGAINST PALESTINIANS Palestinians have a 96.5 percent chance of being dismissed without indictments being filed against the suspected soldiers. This report attempts to examine the reasons for this phenomenon. The report’s findings are based upon the monitoring of the military law enforcement agencies’ handling of 192 separate complaints filed in the past few years by Palestinians concerning attacks on them and their property by Israel Defense Forces (IDF) soldiers; the review of dozens of MPCID files and additional information provided by the IDF in response to requests by Yesh Din. Alongside a review of the predominant professional failures in the work of the military law enforcement agencies, the report also shows the effect of the investigatory policy the IDF has enforced since September 2000, which undermines the chance of conducting proper investigations into offenses Alleged Investigation allegedly committed by IDF soldiers during operational activities. Finally, the report presents recommendations to correct the main flaws identified by this research. Yesh Din – Volunteers for Human Rights – was established in March 2005 and its volunteers have been working since then to achieve a long- term structural improvement in the human rights situation in the OPT.
    [Show full text]