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"This report documents how settlement businesses facilitate the growth and operations of settlements. These businesses depend on and contribute to the Israeli authorities' unlawful confiscation of Palestinian land and other resources. They also benefit from these violations, as well as Israel's discriminatory policies that provide privileges to settlements at the expense of Palestinians, such as access to land and water, government subsidies, and permits for developing land"--Publisher's description.
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
"The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.
A lexicon of the legal, administrative, and military terms and concepts central to the Israeli occupation of the Palestinian Territories.
“A compelling account . . . and a reminder that a true peace can be built only on justice.”—Desmond M. Tutu Tending one’s fields, visiting a relative, going to the hospital: for ordinary Palestinians, such activities require negotiating permits and passes, curfews and closures, “sterile roads” and “seam zones”—bureaucratic hurdles ultimately as deadly as outright military incursion. In Palestine Inside Out, Saree Makdisi draws on eye-opening statistics, academic histories, UN reports, and contemporary journalism to reveal how the “peace process” institutionalized Palestinians’ loss of control over their inner and outer lives—and argues powerfully and convincingly for a one-state solution.
In a move that would forever alter the map of the Middle East, Israel captured the West Bank, Golan Heights, Gaza Strip and Sinai Peninsula in 1967's brief but pivotal Six Day War. CURSED VICTORY is the first complete history of the war's troubled aftermath - a military occupation of the Palestinian territories that is now well into its fifth decade. Drawing on unprecedented access high-level sources, top-secret memos and never-before-published letters, the book provides a gripping and unvarnished chronicle of how what Israel promised would be an 'enlightened occupation' quickly turned sour, and the anguished diplomatic attempts to bring it to an end. Bregman sheds fresh light on critical moments in the peace process, taking us behind the scenes as decisions about the fate of the territories were made, and more often, as crucial opportunities to resolve the conflict were missed. As the narrative moves from Jerusalem to New York, Oslo to Beirut, and from the late 1960s to the present day, CURSED VICTORY provides vivid portraits of the key players in this unfolding drama, including Moshe Dayan, King Hussein of Jordan, Bill Clinton and Yasser Arafat. Yet Bregman always reminds us how diplomatic and back-room negotiations affected the daily lives of millions of Arabs, and how the Palestinian resistance, especially during the first and second intifadas, in turn shaped political developments. As Bregman concludes, the occupation has become a dark stain on Israel's history, and an era when international opinion of the country shifted decisively. CURSED VICTORY is essential reading for anyone who wants to understand the origins of the ongoing conflict in the region.
This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.
The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.
The book that is providing a storm of controversy, from ‘Israel’s bravest historian’ (John Pilger) Renowned Israeli historian, Ilan Pappe's groundbreaking work on the formation of the State of Israel. 'Along with the late Edward Said, Ilan Pappe is the most eloquent writer of Palestinian history.' NEW STATESMAN Between 1947 and 1949, over 400 Palestinian villages were deliberately destroyed, civilians were massacred and around a million men, women, and children were expelled from their homes at gunpoint. Denied for almost six decades, had it happened today it could only have been called 'ethnic cleansing'. Decisively debunking the myth that the Palestinian population left of their own accord in the course of this war, Ilan Pappe offers impressive archival evidence to demonstrate that, from its very inception, a central plank in Israel’s founding ideology was the forcible removal of the indigenous population. Indispensable for anyone interested in the current crisis in the Middle East. *** 'Ilan Pappe is Israel's bravest, most principled, most incisive historian.' JOHN PILGER 'Pappe has opened up an important new line of inquiry into the vast and fateful subject of the Palestinian refugees. His book is rewarding in other ways. It has at times an elegiac, even sentimental, character, recalling the lost, obliterated life of the Palestinian Arabs and imagining or regretting what Pappe believes could have been a better land of Palestine.' TIMES LITERARY SUPPLEMENT 'A major intervention in an argument that will, and must, continue. There's no hope of lasting Middle East peace while the ghosts of 1948 still walk.' INDEPENDENT
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. Norman G. Finkelstein presents a meticulously researched inquest into Gaza's martyrdom. He shows that although Israel justified its assaults in the name of self-defense, in fact these actions constituted flagrant violations of international law. He also documents that the guardians of international law -- from Amnesty International and Human Rights Watch to the UN Human Rights Council -- ultimately failed Gaza.