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51. Apartheid, International Law, and the Occupied Palestinian Territory: A Reply to John Dugard and John Reynolds

Author:
Yaffa Zilbershats
Publication Date:
11-2013
Content Type:
Journal Article
Abstract:
I accept the authors' premise in their article entitled 'Apartheid, International Law, and the Occupied Palestinian Territory' that apartheid, as practised in the former South African regime, remains today a crime against the law of nations applicable to states practising a similar regime. The obligation of a state and its officials to refrain from practising any policy of apartheid is considered a jus cogens norm under international law. Whoever practises apartheid bears international criminal responsibility and may be put on trial for committing that crime, either in any state in the world based on universal jurisdiction or before the International Criminal Court. However, the very gravity of the crime requires that accusations of apartheid be made with the greatest caution. The accusation that Israel practises apartheid against the Palestinian population in the West Bank, East Jerusalem, and Gaza is unfounded and based on gross errors. In this article I expand on two of these errors - the failure to differentiate between the norms governing occupied and sovereign territory, and the authors' complete failure to address Israel's policies in the context of an armed conflict characterized by the Palestinians' use of terror. As I show, once the authors' errors are exposed and considered, it is clear that Israel's actions cannot be considered a basis for the crime of apartheid.
Topic:
International Law
Political Geography:
Israel, South Africa, and Palestine

52. Editorial

Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Once more the Goettingen Journal of International Law was involved in organizing an international conference and publishing the contributions. On 9 and 10 March 2012 scholars from Germany, Israel and Norway assembled in the “Paulinerkirche” in Goettingen to present their research on “Precursors to International Constitutionalism: The Development of the German Constitutional Approach to International Law”. The symposium was the final step of a research project organized by the Institute of International and European Law of the Georg-August University Goettingen and the Minerva Center for Human Rights, Hebrew University, Jerusalem. Its central idea is that international constitutionalism is not only a topic contemporarily much discussed, but finds its precursors in earlier “German” constitutional approaches.
Topic:
International Law
Political Geography:
Israel and Germany

53. World Upside Down

Author:
Elan Journo
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
The Journal of International Security Affairs
Institution:
Jewish Institute for National Security Affairs
Abstract:
Peter Berkowitz explains how international law is being wielded as a weapon against Israel.
Topic:
International Law
Political Geography:
Israel

54. Andrea Carcano. L'occupazione dell'Iraq nel diritto internazionale

Author:
Mirko Sossai
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
The renewed interest in the law of belligerent occupation probably reached its peak in 2009, when various monographs were published by distinguished authors as well as by younger scholars. The book under review originated from a doctoral thesis defended by Andrea Carcano at the University of Milan. His investigation focuses on the 2003 occupation of Iraq as the ideal test-case to verify whether the existing legal regime is adequate to address the challenges posed by present-day scenarios, including Afghanistan, Congo, and the Arab–Israeli conflict. The book is divided into three parts. The first one comprises two chapters, which present respectively the legal framework of belligerent occupation and the other applicable norms of international law. Chapter I takes a historical perspective on the legal concept of occupation, which the author considers functional to the subsequent analysis for two main reasons: to investigate the underlying values guiding the development of the law of belligerent occupation; and to compare current theories regarding the role of the law in such a situation with similar arguments upheld in the past (at 13). Carcano identifies three epochs, which modelled different concepts of occupation. The first one is valid until the Modern Age and is influenced by the Roman law tradition: occupation is considered as 'conquest and exploitation of the territory'. The modern notion of occupation, defined as 'administration and effective control', emerged during the 18th century, at the time of the consolidation of sovereign states in Europe. Whereas Vattel had already in theory identified the differentiation between sovereignty and private ownership, it was August Heffter, a century later, who first recognized the legal implications of the distinction between occupatio bellica and debellatio (at 24). Finally, the last model is that of the occupation as 'transformation': Carcano identifies it as 'a military action aimed at the radical …
Topic:
Development and International Law
Political Geography:
Afghanistan, Europe, Israel, Paris, and Arabia

55. The Gaza Flotilla Incident: Implications for Middle East Politics and U.S. Policy

Author:
David Makovsky, Michael Eisenstadt, Robert Satloff, and Soner Cagaptay
Publication Date:
05-2010
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Although a full narrative will have to wait until the ongoing Israeli inquiry is complete, it is possible to sketch the outlines of what happened on the Turkish ferry Mavi Marmara . The six boats of the "Free Gaza Flotilla" departed Turkey on May 28, and Israeli naval vessels began shadowing them two days later, around 11:00 p.m. on May 30. At that time, Israel requested that the boats divert to Ashdod to allow inspection of their cargo for contraband, but they refused to comply.
Topic:
Political Violence, International Law, and Politics
Political Geography:
United States, Turkey, Middle East, and Israel

56. The Past as Prelude? Negotiating the Palestinian Refugee Issue

Author:
Rex Brynen
Publication Date:
06-2008
Content Type:
Policy Brief
Institution:
Chatham House
Abstract:
The question of Palestinian refugees has long been one of the most difficult issues in dispute in the Israeli-Palestinian peace process. With the onset of renewed peace talks following the Annapolis summit of November 2007, it is once again an issue that the Israeli and Palestinian negotiators must address. The two sides are in a worse position to resolve the issue than they were during the last rounds of permanent status negotiations in 2000–01. The political weakness of the Israeli and Palestinian governments is compounded by heightened mistrust between the two societies, as well as by a hardening of Israeli public attitudes against even the symbolic return of any refugees to Israeli territory. There is now a substantial accumulated body of work on the Palestinian refugee issue to guide and inform negotiators and policy-makers. This includes past official negotiations among the key parties, wider discussions among regional states and the international donor community, unofficial and Track II initiatives and a considerable body of technical analysis.
Topic:
Diplomacy, International Law, and Migration
Political Geography:
Middle East, Israel, and Palestine

57. Healing the Enlightenment Rift: Rationality, Spirituality and Shared Waters

Author:
Aaron T. Wolf
Publication Date:
10-2008
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
Water management, by definition, is conflict management. Water, unlike other scarce, consumable resources, is used to fuel all facets of society, from biologies to economies to aesthetics to spiritual practice. Moreover, it fluctuates wildly in space and time, its management is usually fragmented and it is often subject to vague, arcane and/or contradictory legal principles. As such, there is no such thing as managing water for a single purpose—all water management is multi-objective and based on navigating competing interests. Within a nation, these interests include domestic users, agriculturalists, hydropower generators, recreators and environmentalists. Any two of the interests are regularly at odds, and the complexity of finding mutually acceptable solutions increases exponentially as more stakeholders are involved. Add international boundaries, and the difficulty grows substantially yet again.
Topic:
Health and International Law
Political Geography:
Pakistan, India, and Israel

58. The North Korean Ballistic Missile Program

Author:
Daniel Pinkston
Publication Date:
02-2008
Content Type:
Working Paper
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
North Korean ballistic missiles are a direct threat to Northeast Asian security, and North Korean missile proliferation poses a threat to other regions, particularly the Middle East and South Asia. North Korea is an isolated and authoritarian one-party state; the political system is based upon an extraordinary personality cult that idolizes current leader, Kim Jong Il (Kim Chŏng-il), and his deceased father, Kim Il Sung (Kim Il-sŏng). Several factors have contributed to Pyongyang's chronic insecurity including national division, the Korean War, the international politics of the Cold War, and doubts about the commitments of its alliance partners.
Topic:
International Relations, International Law, and Nuclear Weapons
Political Geography:
South Asia, Israel, and North Korea

59. Review: Falk and Friel: Israel Palestine on Record and Dunsky: Pens and Swords

Author:
Cheryl Rubenberg
Publication Date:
06-2008
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East and Pens and Swords: How the American Mainstream Media Report the Israeli-Palestinian Conflict are two tour-de-force works devoted to an analysis of the U.S. media as it reports on the Israeli-Palestinian conflict. Both present devastating critiques of the media in its pro-Israel bias, and both are extensively documented, reflecting analytical scholarship in the finest tradition.
Topic:
Human Rights and International Law
Political Geography:
Middle East, Israel, and Palestine

60. People without Borders for Borders without People: Land, Demography, and Peacemaking under Security Council Resolution 242

Author:
Jamil Dakwar
Publication Date:
09-2007
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
UN Security Council Resolution 242, drafted to deal with the consequences of the 1967 war, left the outstanding issues of 1948 unresolved. For the first time, new Israeli conflict-resolution proposals that are in principle based on 242 directly involve Palestinian citizens of Israel. This essay explores these proposals, which reflect Israel's preoccupation with maintaining a significant Jewish majority and center on population and territorial exchanges between Israeli settlements in the West Bank and heavily populated Arab areas inside the green line. After tracing the genesis of the proposals, the essay assesses them from the standpoint of international law.
Topic:
Security and International Law
Political Geography:
New York, America, Middle East, and Israel