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In 2018, the State of Israel turned 70, but it has never been fully accepted as a member of the international community. Notwithstanding peace agreements with Egypt and Jordan, conflict between Israel and some of its neighbors in the region is looming. And peace between Israel and the Palestinians seems as far away as ever. Why?Since the 1970's, the idea has developed that international law requires resolution of the Arab/Israeli conflict by creating a State of Palestine with East Jerusalem as its capital, and borders based on the "1967 lines" - the so-called "two-state solution". Israeli settlements are regarded by many as illegal and an impediment to this solution.This book reviews international law regarding self-determination, statehood, territorial sovereignty, human rights and the right to self-defense. It argues that the two-state solution as defined by the UN is not required by international law.The authors examine how international law has been used and misused over the last century with regard to the Arab/Israeli conflict. They argue that the historical context of the creation of the State of Israel, especially the Mandate for Palestine, is too often ignored.The Arab states, the Palestinian leadership and the European Union have all played a role in enabling the UN to become a platform for lawfare against Israel: policies and resolutions that use the language of international law but, in fact, undermine the existence of the Jewish State and have disputable basis in international law. Lawfare is problematic because it undermines the international legal order itself.It is time to revisit the prevailing legal paradigm to resolve the conflict. This book aims to provide a legal framework for the exploration of alternative policy solutions that balance the rights of the Jewish State of Israel to territorial integrity, security and political independence with the rights of Palestinian Arabs to political autonomy, and economic and social advancement.
Can Israel be both Jewish and democratic? Transformative Justice, Leora Bilsky's landmark study of Israeli political trials, poses this deceptively simple question. The four trials that she analyzes focus on identity, the nature of pluralism, human rights, and the rule of law-issues whose importance extends far beyond Israel's borders. Drawing on the latest work in philosophy, law, history, and rhetoric, Bilsky exposes the many narratives that compete in a political trial and demonstrates how Israel's history of social and ideological conflicts in the courtroom offers us a rare opportunity to understand the meaning of political trials. The result is a bold new perspective on the politics of justice and its complex relationship to the values of liberalism. Leora Bilsky is Professor of Law, Tel Aviv University.
***NATIONAL JEWISH BOOK AWARD FINALIST (2012)*** Part of the Jewish Encounter series The capture of SS Lieutenant Colonel Adolf Eichmann by Israeli agents in Argentina in May of 1960 and his subsequent trial in Jerusalem by an Israeli court electrified the world. The public debate it sparked on where, how, and by whom Nazi war criminals should be brought to justice, and the international media coverage of the trial itself, was a watershed moment in how the civilized world in general and Holocaust survivors in particular found the means to deal with the legacy of genocide on a scale that had never been seen before. Award-winning historian Deborah E. Lipstadt gives us an overview of the trial and analyzes the dramatic effect that the survivors’ courtroom testimony—which was itself not without controversy—had on a world that had until then regularly commemorated the Holocaust but never fully understood what the millions who died and the hundreds of thousands who managed to survive had actually experienced. As the world continues to confront the ongoing reality of genocide and ponder the fate of those who survive it, this trial of the century, which has become a touchstone for judicial proceedings throughout the world, offers a legal, moral, and political framework for coming to terms with unfathomable evil. Lipstadt infuses a gripping narrative with historical perspective and contemporary urgency.
The controversial journalistic analysis of the mentality that fostered the Holocaust, from the author of The Origins of Totalitarianism Sparking a flurry of heated debate, Hannah Arendt’s authoritative and stunning report on the trial of German Nazi leader Adolf Eichmann first appeared as a series of articles in The New Yorker in 1963. This revised edition includes material that came to light after the trial, as well as Arendt’s postscript directly addressing the controversy that arose over her account. A major journalistic triumph by an intellectual of singular influence, Eichmann in Jerusalem is as shocking as it is informative—an unflinching look at one of the most unsettling (and unsettled) issues of the twentieth century.
Hannah Arendts authoritative report on the trial of Nazi leader Adolf Eichmann includes further factual material that came to light after the trial, as well as Arendts postscript directly addressing the controversy that arose over her account.
Trial and Error offers a unique exploration of the link between Israel's military policies and its ethno-class relations of power that has theoretical implications elsewhere. The book denounces the commonly accepted view that Israel's military policies were crafted merely as a direct and inevitable response to neighboring Arab states' hostility. Instead, Yagil Levy shows that Israel's security interests were also determined by the social interests of a rising middle class comprised of Jews of European descent. Because of the protracted state of war, this class achieved dominant status over other groups. As a result, a strong link was created between increasing inegalitarianism in Israeli society and missed opportunities to adopt more moderate foreign policies at crucial crossroads up to the 1980s. Paradoxically, however, as war benefits elevated the consumerist lifestyle of the middle class, the burden of war became less appealing to it. Levy argues that this and other social constraints, along with limitations imposed by the international system, played a focal role in channeling Israel's policies toward the 1990s' peace process.
NEW YORK TIMES BESTSELLER • A NEW YORK TIMES BOOK REVIEW AND ECONOMIST BEST BOOK OF THE YEAR “A deeply reported, deeply personal history of Zionism and Israel that does something few books even attempt: It balances the strength and weakness, the idealism and the brutality, the hope and the horror, that has always been at Zionism’s heart.”—Ezra Klein, The New York Times Winner of the Natan Book Award, the National Jewish Book Award, and the Anisfield-Wolf Book Award Ari Shavit’s riveting work, now updated with new material, draws on historical documents, interviews, and private diaries and letters, as well as his own family’s story, to create a narrative larger than the sum of its parts: both personal and of profound historical dimension. As he examines the complexities and contradictions of the Israeli condition, Shavit asks difficult but important questions: Why did Israel come to be? How did it come to be? Can it survive? Culminating with an analysis of the issues and threats that Israel is facing, My Promised Land uses the defining events of the past to shed new light on the present. Shavit’s analysis of Israeli history provides a landmark portrait of a small, vibrant country living on the edge, whose identity and presence play a crucial role in today’s global political landscape.
The author chronicles his 2013 investigation and findings surrounding the 2004 U.S. federal arrest and subsequent trials and sentencing of the "Holy Land Foundation Five."
The Eichmann Trial Reconsidered brings together leading authorities in a transnational, international, and supranational study of Adolf Eichmann, who was captured by the Israelis in Argentina and tried in Jerusalem in 1961. The essays in this important new collection span the disciplines of history, film studies, political science, sociology, psychology, and law. Contributing scholars adopt a wide historical lens, pushing outwards in time and space to examine the historical and legal influence that Adolf Eichmann and his trial held for Israel, West Germany, and the Middle East. In addition to taking up the question of what drove Eichmann, contributors explore the motivation of prosecutors, lawyers, diplomats, and neighbouring countries before, during, and after the trial ended. The Eichmann Trial Reconsidered puts Eichmann at the centre of an exploration of German versus Israeli jurisprudence, national Israeli identities and politics, and the conflict between German, Israeli, and Arab states.