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Beyond Occupation

Author: Virginia Tilley
Publisher: Pluto Press
ISBN: 9780745332369
Size: 37.87 MB
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Beyond Occupation looks at three contentious terms that regularly arise in contemporary arguments about Israel's practices towards Palestinians in the occupied territories – occupation, colonialism and apartheid – and considers whether their meanings in international law truly apply to Israel's policies. This analysis is timely and urgent – colonialism and apartheid are serious breaches of human rights law and apartheid is a crime against humanity under the Rome Statute of the International Criminal Court. The contributors present conclusive evidence that Israel's administration of the Palestinian territories is consistent with colonialism and apartheid, as these regimes are defined in human rights law. Their analysis further shows that these practices are deliberate Israeli state policies, imposed on the Palestinian civilian population under military occupation. These findings raise serious implications for the legality and legitimacy of Israel's continuing occupation of the Palestinian territories and the responsibility of the entire international community to challenge practices considered contrary to fundamental values of the international legal order.

The Writing On The Wall

Author: Aeyal Gross
Publisher: Cambridge University Press
ISBN: 1108158374
Size: 61.44 MB
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As Israel's control of the Occupied Palestinian Territory nears its fiftieth anniversary, The Writing on the Wall offers a critical perspective on the international law of occupation. Advocating a normative and functional approach to occupation and to the question of when it exists, it analyzes the application of humanitarian and human rights law, pointing to the risk of using the law of occupation in its current version to legitimize new variations of conquest and colonialism. The book points to the need for reconsidering the law of occupation in light of changing forms of control, such as those evident in Gaza. Although the Israeli occupation is a main focal point, the book broadens its compass to look at other cases, such as Iraq, Northern Cyprus, and Western Sahara, highlighting the role that international law plays in all of these cases.

Apartheid Israel

Author: Sean Jacobs
Publisher: Haymarket Books
ISBN: 1608465195
Size: 45.18 MB
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In Apartheid Israel: The Politics of an Analogy, eighteen scholars of Africa and its diaspora reflect on the similarities and differences between apartheid-era South Africa and contemporary Israel, with an eye to strengthening and broadening today’s movement for justice in Palestine.

Gaza

Author: Norman Finkelstein
Publisher: Univ of California Press
ISBN: 0520968387
Size: 60.90 MB
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"In its comprehensive sweep, deep probing and acute critical analysis, Finkelstein's study stands alone."—Noam Chomsky "No one who ventures an opinion on Gaza . . . is entitled to do so without taking into account the evidence in this book." —The Intercept The Gaza Strip is among the most densely populated places in the world. More than two-thirds of its inhabitants are refugees, and more than half are under eighteen years of age. Since 2004, Israel has launched eight devastating “operations” against Gaza’s largely defenseless population. Thousands have perished, and tens of thousands have been left homeless. In the meantime, Israel has subjected Gaza to a merciless illegal blockade. What has befallen Gaza is a man-made humanitarian disaster. Based on scores of human rights reports, Norman G. Finkelstein's new book presents a meticulously researched inquest into Gaza’s martyrdom. He shows that although Israel has justified its assaults in the name of self-defense, in fact these actions constituted flagrant violations of international law. But Finkelstein also documents that the guardians of international law—from Amnesty International and Human Rights Watch to the UN Human Rights Council—ultimately failed Gaza. One of his most disturbing conclusions is that, after Judge Richard Goldstone's humiliating retraction of his UN report, human rights organizations succumbed to the Israeli juggernaut. Finkelstein’s magnum opus is both a monument to Gaza’s martyrs and an act of resistance against the forgetfulness of history.

The Extraterritoriality Of Law

Author: Daniel S. Margolies
Publisher: Routledge
ISBN: 1351231979
Size: 42.82 MB
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Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.

Jerusalem Unbound

Author: Michael Dumper
Publisher: Columbia University Press
ISBN: 0231537352
Size: 42.70 MB
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Jerusalem's formal political borders reveal neither the dynamics of power in the city nor the underlying factors that make an agreement between Israel and the Palestinians so difficult. The lines delineating Israeli authority are frequently different from those delineating segregated housing or areas of uneven service provision or parallel national electoral districts of competing educational jurisdictions. In particular, the city's large number of holy sites and restricted religious compounds create enclaves that continually threaten to undermine the Israeli state's authority and control over the city. This lack of congruity between political control and the actual spatial organization and everyday use of the city leaves many areas of occupied East Jerusalem in a kind of twilight zone where citizenship, property rights, and the enforcement of the rule of law are ambiguously applied. Michael Dumper plots a history of Jerusalem that examines this intersecting and multileveled matrix and, in so doing, is able to portray the constraints on Israeli control over the city and the resilience of Palestinian enclaves after forty-five years of Israeli occupation. Adding to this complex mix is the role of numerous external influences—religious, political, financial, and cultural—so that the city is also a crucible for broader contestation. While the Palestinians may not return to their previous preeminence in the city, neither will Israel be able to assert a total and irreversible dominance. His conclusion is that the city will not only have to be shared but that the sharing will be based upon these many borders and the interplay between history, geography, and religion.

Boycott Divestment Sanctions

Author: Omar Barghouti
Publisher: Haymarket Books
ISBN: 1608461157
Size: 54.61 MB
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"Barghouti is the future. He is intelligent, empowered, and non-violent. He is completely impressive. It would help Americans to see such a picture of Palestinian political engagement, when they have such a distorted image of who Palestinians are. Some day they will know him."—Phillip Weiss, author of Mondoweiss: The War of Ideas in the Middle East THIRTY YEARS ago, an international movement utilizing boycott, divestment, and sanction (BDS) tactics rose in solidarity with those suffering under the brutal apartheid regime of South Africa. The historic acts of BDS activists from around the world isolated South Africa as a pariah state and heralded the end of apartheid. Now, as awareness of the apartheid nature of the State of Israel continues to grow, Omar Barghouti, founding member of the Palestinian Civil Society Boycott, Divestment and Sanctions (BDS) campaign against Israel, presents a renewed call to action. Aimed at forcing the State of Israel to uphold international law and universal human rights for the Palestinian people, here is a manifesto for change. “No one has done more to build the intellectual, legal and moral case for BDS than Omar Barghouti. The global Palestinian solidarity movement has been transformed and is on the cusp of major new breakthroughs.” —Naomi Klein, author of The Shock Doctrine and No Logo “I commend this excellent book by Omar Barghouti…BDS is a call to refuse to be silent in the face of military occupation of the Palestinian people by the Israeli regime, apartheid, and colonialism. BDS is a nonviolent way in which each of us and our governments can follow our conscience and rightful moral and legal responsibility and act now to save Palestinian lives by demanding that the Israeli apartheid regime give justice and equality to all." —Mairead Maguire, Nobel Peace Laureate (1976)