“I am the Law!”—Perspectives of Legality and Illegality in the Israeli Army

2010 ◽  
Vol 43 (3) ◽  
pp. 551-589 ◽  
Author(s):  
Matthew Zagor

The language of morality and legality infuses every aspect of the Middle East conflict. From repeated assertions by officials that Israel has “the most moral army in the world” to justifications for specific military tactics and operations by reference to self-defense and proportionality, the public rhetoric is one of legal right and moral obligation. Less often heard are the voices of those on the ground whose daily experience is lived within the legal quagmire portrayed by their leaders in such uncompromising terms. This Article explores the opaque normative boundaries surrounding the actions of a specific group within the Israeli military, soldiers returning from duty in Hebron in the Occupied Palestinian Territories. By examining interviews with these soldiers by an Israeli NGO, it identifies different narratives of legality and illegality which inform their conduct, contrasting their failure to adhere to conventional legal discourses with the broader “legalization” of military activities. Seeking an explanation for this disjunction, it explores the ways in which the soldiers' stories nonetheless reflect attempts to negotiate various normative and legal realities. It places these within the legal landscape of the Occupied Palestinian Territories which has been normatively re-imagined by various forces in Israeli society, from the judicially-endorsed discourse of deterrence manifested in the day-to-day practices of brutality, intimidation and “demonstrating power,” to the growing influence of nationalist-religious interpretations of self-defense and the misuse of post-modernist theory by the military establishment to “smooth out” the moral and legal urban architectures of occupation. The Article concludes by considering the hope for change evident in the very act of soldiers telling ethically-oriented stories about their selves, and in the existence of a movement willing to provide the space for such reflections in an attempt to confront Israeli society with the day-to-day experiences of the soldier in the Occupied Palestinian Territories.

2020 ◽  
Vol 3 (3) ◽  
pp. 523-534
Author(s):  
Shazia Sultan ◽  
Tahira Jabeen

This paper deals with the troublesome history of Pakistan Judiciary in comparative perspective. The judicial restraint showed by the superior courts in the initial phase of Pakistan’s emergence and its failure in the enactment of extra-constitutional deeds of Military Generals and executive heads that troubled the smooth political and constitutional progress has been highlighted. The paper throws light on the struggle of the Judiciary for its independent status in the defiance of the military establishment in 2007 that catapulted the Judiciary as main stakeholder in the governmental power structure of the state. The key role played by Supreme Court in the defense of democratic norms, rule of law, corruption free politics and transparent governance has also ben focused.  Overstepping of judiciary in executive matters in Justice Saqib Nisar is also the part of this investigation. Nonetheless empowering the public representative to legislate on the matter of the tenure extension of the COAS (Chief of Army Staff) has also been discussed along with the decision of special court and then High court in the treason case of Musharraf that raise is the part of this paper. The paper concludes that hurdles in the way to independent judiciary desperately needed to be removed for the dispensation of justice.


Anos 90 ◽  
2012 ◽  
Vol 19 (35) ◽  
Author(s):  
Débora Carina D´Antonio

RESUMEN El penal de Rawson ubicado en la provincia de Chubut en la Patagonia argentina se erigió como una prisión singular dentro de la red de penales donde fueron alojados los presos políticos durante las dictaduras de los años sesenta y setenta. Allí se ejercitó una tecnología de disciplinamiento fundada en una variedad de tormentos manifiestamente anticonstitucionales y alejados de los marcos normativos estipulados para el funcionamiento del sistema penitenciario. En este texto nos proponemos demostrar a través de una interpretación de género, que si bien el objetivo explícito del régimen militar al quebrar la subjetividad de los presos fue la destrucción ideológica y política de los mismos, este proceso se consumó en términos de una lógica de género desmasculinizadora que contradecía la retórica que en torno a la masculinidad ensayaron públicamente, tanto militares como penitenciarios, poniendo de manifiesto que no había coherencia entre el discurso público de género de corte familiarista y las prácticas de disciplinamiento que se ensayaban en los espacios de encierro.   PALABRAS CLAVES: Presos políticos- represión- desubjetivación- desmasculinización   Political Prisoners in Rawson Penitentiary: A Treatment for Argentine Desubjectification (1970-1980) ABSTRACT Rawson Penitentiary, located in the province of Chubut, Patagonia, developed as a unique prison facility within the penitentiary network, were political prisoners were interned during the dictatorships of the sixties and seventies. The technology of discipline applied in Rawson was based on a variety of torments deliberately anti-constitutional and alien to the regulatory framework of the Argentine penitentiary system. From a gender perspective, this article argues that although the explicit goal of the military regime in breaking prisoners’ subjectivity was their ideological and political obliteration, desubjectification was carried out in terms of a demasculinizing gendered logic that contradicted the public rhetoric of masculinity of the military and the penitentiary officials. This reveals the inconsistency between their public, family-centered gender discourse and their disciplining practices in private spaces of internment. KEYWORDS: political prisoners – repression – desubjectification – demasculinization


1999 ◽  
Vol 27 (1) ◽  
pp. 29-33
Author(s):  
Darren Kew

In many respects, the least important part of the 1999 elections were the elections themselves. From the beginning of General Abdusalam Abubakar’s transition program in mid-1998, most Nigerians who were not part of the wealthy “political class” of elites—which is to say, most Nigerians— adopted their usual politically savvy perspective of siddon look (sit and look). They waited with cautious optimism to see what sort of new arrangement the military would allow the civilian politicians to struggle over, and what in turn the civilians would offer the public. No one had any illusions that anything but high-stakes bargaining within the military and the political class would determine the structures of power in the civilian government. Elections would influence this process to the extent that the crowd influences a soccer match.


2020 ◽  
Vol 26 (2) ◽  
pp. 44-51
Author(s):  
Alin Teodor Huseraș ◽  
Andrei Ciprian Spînu

AbstractNational defense is one of the key sectors responsible for maintaining national security, being considered at the same time an element of great importance and strict necessity of the public sector. The performance of defense functions and missions are closely linked to the military capabilities of this sector, which in turn depend on the budget for defense spending. This paper deals with some theoretical issues in the economic field of defense, regarding the size of defense spending in GDP and their social effects. It is also trying to carry out an analysis on the efficiency versus inefficiency in the use of defense resources, to finance the two types of recruitment systems, namely: by conscription or voluntary will. In order to be able to achieve the above, graphical analysis methods and calculation dermination method were used. The efficiency of spending public funds depends on both objective factors such as: distribution of a certain share of GDP to a certain area; attracting internal and external funding, as well as subjective factors, like: allocating resources to certain categories of expenses; allocating resources to certain defense programs; effective management of these resources by the competent structures. Therefore, for a program to be considered effective, it must meet the requirements of the collective needs of society, be rationally implemented and be sustainable.


2019 ◽  
Author(s):  
Laila Fariha Zein ◽  
Adib Rifqi Setiawan

In today’s world, it is easier and easier to stay connected with people who are halfway across the world. Social media and a globalizing economy have created new methods of business, trade and socialization resulting in vast amounts of communication and effecting global commerce. Like her or hate her, Kimberly Noel Kardashian West as known as Kim Kardashian has capitalized on social media platforms and the globalizing economy. Kim is known for two things: famous for doing nothing and infamous for a sex tape. But Kim has not let those things define her. With over 105 million Instagram followers and 57 million Twitter followers, Kim has become a major global influence. Kim has travelled around the world, utilizing the success she has had on social media to teach make-up master classes with professional make-up artist, Mario Dedivanovic. She owns or has licensed several different businesses including: an emoji app, a personal app, a gaming app, a cosmetics line, and a fragrance line. Not to be forgotten, the Kardashian family show, ‘Keeping Up with the Kardashians’ has been on the air for ten years with Kim at the forefront. Kim also has three books: ‘Kardashian Konfidential’, ‘Dollhouse’, and ‘Selfish’. With her rising social media following, Kim has used the platforms to show her support for politicians and causes, particularly, recognition of the Armenian genocide. Kim also recently spoke at the Forbes’ women’s summit. Following the summit, Kim tweeted out her support for a recent movement on Twitter, #freeCyntoiaBrown which advocated for a young woman who claimed to have shot and killed the man who held her captive as a teenage sex slave in self-defense. Kim had her own personal lawyers help out Cyntoia on her case. Kim has also moved beyond advocating for issues within the confines of the United States. As mentioned earlier, she is known for advocating for recognition of the Armenian genocide. In the last two years, her show has made it a point to address the Armenian situation as it was then and as it is now. Kim has been recognized as a global influencer by others across the wordl. We believe Kim has become the same as political leaders when it comes to influencing the public. Kim’s story reveals that the new reality creates a perfect opportunity for mass disturbances or for initiating mass support or mass disapproval. Although Kim is typically viewed for her significance to pop culture, Kim’s business and social media following have placed her deep into the mix of international commerce. As her businesses continue to grow and thrive, we may see more of her influence on international issues and an increase in the commerce from which her businesses benefit.


Author(s):  
Iakiv Serhiiovych Halaniuk

The article highlights the author’s approach to improving coopera- tion mechanisms of the State Border Service of Ukraine with public organiza- tions and population. There has been analyzed public control as a means their cooperation and priorities of improving the cooperation, particularly, forms and methods of organizing citizens’ feedback, introduction of the assessment pro- cedure of the efficiency of the SBSU and population and public organization. There have been stated conceptual pillars of the public control development in the SBSU, developed by the author, including public control forms and resource provision. There has been considered a mechanism algorithm of the public par- ticipation in the development of the border administration through submitting petitions or proposals concerning a legally enforceable enactment draft (or the legally enforceable enactment currently in force). There has been represented a mechanism model of discussing legally enforceable enactments and public peti- tions, developed by the author. It is noted that one of the mechanisms of interac- tion of the SBSU with the public is effective public control, which becomes an in- tegral part of ensuring national security and political stability. The conditions of permanence of Ukraine's threats in the border area, and in certain areas and their exacerbation, along with further reforms of the institutes of Ukrainian statehood, cause the problem of establishing and implementing public control in the border area as an important and urgent one.It is proved that public control is intended to determine the correctness of the military-force policy in the border area, the validity of the scale and optimality of the forms of activity of the border guards. In accordance with all this, in the subject area of public control should be: political decisions on issues of border security, including international agreements; the expediency and validity of government programs for the provision and reform of the border authorities of Ukraine, assess- ment of the effectiveness of these programs and the procedure for making changes to them.


2021 ◽  
Vol 8 (3) ◽  
pp. 205316802110328
Author(s):  
Naomi Egel ◽  
R. Lincoln Hines

What are Chinese public attitudes regarding nuclear weapons? Although scholars have studied Chinese elites’ views on nuclear weapons, surprisingly little is known about the views of China’s public. To understand Chinese public views on nuclear weapons, we conduct an online survey ( N = 1066) of Chinese respondents. This is, to our knowledge, the first survey of Chinese public attitudes towards nuclear weapons. We find that although Chinese citizens view the possession of nuclear weapons as important for their country’s security, they strongly oppose the use of nuclear weapons under any circumstances. We also provide respondents an opportunity to describe their views on nuclear weapons in their own words. Using computer-assisted text analysis, we assess patterns in these open-ended responses and compare across age groups. We find that younger respondents emphasize non-material factors such as having a greater voice internationally, whereas older respondents emphasize self-defense. Overall, this analysis sheds light on the public attitudes that may shape China’s evolving approach to nuclear weapons.


1945 ◽  
Vol 39 (1) ◽  
pp. 97-100
Author(s):  
Heinz Guradze

Within the last few years, changes have been carried out in the public administration of Germany which will affect the military government to be established during and after Germany's defeat. Their general trend has been to subordinate state (i.e., Reich, regional, and local) administration to the Party, which has been vested with more and more power. This is of particular interest in the light of the present “total mobilization,” in which the Party plays a dominant part. To some extent, the changes discussed in this note show a definite trend toward decentralization, although there has been no actual delegation of powers to smaller units, since all power remained in the hands of the Party—this being, of course, the reason why the Nazis could afford to “decentralize.” On the local level, the reforms aimed at tying together the loosening bonds between the régime and the people. Only the most recent emergency measures of “total mobilization” are touched on in this note.1. Gauarbeitsaemter. When the Reichsanstalt was created in 1927–28, the Reich was organized in 13 economic regions, each having one regional labor office (Landesarbeitsamt). The idea was to establish large economic districts containing various industries so that a crisis in one industry could be absorbed by the labor market of another within the same district, thus creating “ausgleichsfaehige Bezirke.”


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