scholarly journals Mobilizing International Law in the Palestinian Struggle for Justice

Global Jurist ◽  
2018 ◽  
Vol 18 (3) ◽  
Author(s):  
George Bisharat ◽  
Jeff Handmaker ◽  
Ghada Karmi ◽  
Alaa Tartir
Keyword(s):  
International Law ◽  
Nation Building ◽  
The State ◽  
Special Issue ◽  
Alternative Futures ◽  
International Conference ◽  
City Hall ◽  
Governance Institutions ◽  
High Level ◽  
State Of Israel

Abstract Those involved in mobilizing international law to achieve justice for the Palestinians have invoked numerous legal and governance institutions, at both international and national levels. For various reasons, international law has understandably been regarded with a high level of skepticism by many Palestinians, particularly from legitimacy and effectiveness standpoints. However, law has also ignited the Palestinian civic imagination and has led to bold and creative initiatives, including efforts to hold both states and (corporate) non-state actors accountable through legal and other means, and even to construct alternative models for nation building. This introduction to a Special Issue of the Global Jurist on ‘International Law and the State of Israel’ emerges from an international conference that took place at Cork City Hall and at the campus of University College Cork in Ireland in March 2017. Our message for producing this Special Issue and indeed for our colleagues who organized the conference in the first place was simple: while we cannot afford to neglect law in envisioning alternative futures in Israel/Palestine (including statehood), justice always remains a guide.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

An Exercise in the Development of International Law: The New ICRC Study on Customary International Humanitarian Law

2005 ◽  
Vol 6 (9) ◽  
pp. 1217-1242 ◽  
Author(s):  
Malcolm MacLaren ◽  
Felix Schwendimann
Keyword(s):  
International Law ◽  
Significant Contribution ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
High Level

On 17 March 2005, the President of the International Committee of the Red Cross (ICRC), Jakob Kellenberger, presented a study (hereinafter “the Study”) of customary international humanitarian law (IHL). A decade earlier, the International Conference of the Red Cross and Red Crescent had mandated the ICRC to “prepare […] a report on customary rules of IHL applicable in international [IAC] and non-international armed conflicts [NIAC], and to circulate the report to States and competent international bodies.” The Study's objective was to capture a “photograph” of the existing, hitherto unwritten rules that make up customary IHL. Comprehensive, high-level research into customary IHL followed; the end result of which is undeniably a remarkable feat and a significant contribution to scholarship and debate in this area of international law.

scholarly journals Western Interest dalam Proses Perkembangan Negara Israel (1917-1948) Sebagai Akar Utama Konflik Israel-Palestina

2020 ◽  
Vol 1 (1) ◽  
pp. 24-37
Author(s):  
Tika Tazkya Nurdyawati
Keyword(s):  
Literature Review ◽  
International Law ◽  
Religious Identity ◽  
National Interest ◽  
The State ◽  
The West ◽  
Palestinian Territories ◽  
Rational Actor ◽  
State Of Israel

The Israeli-Palestinian conflict which is often found to continue for more than 7 decades is inseparable from the root of the problem itself, namely; designation of the Palestinian territories as a national home for the Jews which would later lead to Israeli independence in 1948. Referring to the Balfour Declaration 1917 under the British decision, the massive migration of Jews from Europe to Palestine was inseparable from the benefits that were gained by Western hegemonies in the West. the winner of the war at the time. This can be studied using a realism perspective which views the state as a rational actor with all its decisions under the national interest. Using the literature review method, this article tries to answer whether the tension that occurs in the Israeli-Palestinian conflict is based solely on differences in religious identity between the two? Or are there interests of several parties that do not appear on the surface? Why can the annexation case in the formation of an Israeli state that violates international law continue without strict sanctions? The economic and political motivated interests of the West and the connection of Zionism in the founding of the state of Israel will be examined as concrete evidence. This article is expected to be useful as a reference for later literature for similar research.

Revolutionary Law Abidance: Kachin Rebel Governance and the Adoption of ihl in Resistance to Myanmar State Violence

2019 ◽  
Vol 19 (5) ◽  
pp. 872-904
Author(s):  
Alicia de la Cour Venning
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal System ◽  
Nation Building ◽  
Field Research ◽  
State Violence ◽  
The State ◽  
Ethnographic Research ◽  
Rebel Governance ◽  
International Legal System

Although armed opposition actors are increasingly prevalent within contemporary conflicts, ethnographies seeking to understand and explain their relationship with international law are scarce. While scholars highlight the state-centric nature of international law, discussing at length how it privileges state over non-state actors, few examine the way rebels perceive and relate to the international legal system. Drawing on seven months of field research among Kachin civil society and the Kachin Independence Organisation / Army (kio/A), this article demonstrates how the kio/A’s nascent engagement with international law is being strategically pursued as part of a broader rebel governance project. Ethnographic research exposes the oft neglected rebel perspective. It reveals how rebels interact with international humanitarian norms as a means to facilitate and mediate relations with both local and international actors, in an attempt to promote nation building aspirations and thereby strengthen resistance to state violence.

Alternativas para superar el hacinamiento carcelario en Colombia con enfoque en derechos humanos

2016 ◽  
Vol 8 (13) ◽  
pp. 176-189
Author(s):  
Fernando Gómez Forero
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Constitutional Court ◽  
Full Compliance ◽  
Derechos Humanos ◽  
El Alto ◽  
State Liability ◽  
High Level ◽  
The Relationship

El presente artículo sobre la situación actual de las cárce- les, se ocupa específicamente de lo relacionado con el ha- cinamiento y las posibles alternativas para su superación. El objetivo es hacer un análisis crítico sobre el verdadero nivel de hacinamiento en que se encuentran ahora los cen- tros penitenciarios, y la relación que existe con la protec- ción de los derechos humanos por parte del Estado, como un imperativo que requiere de su pleno cumplimiento. Esta problemática es una situación permanente, recurren- te y con tendencia a profundizarse, lo que ha ocasiona- do una crisis en materia del derecho internacional de los derechos humanos, que ha supuesto necesariamente una responsabilidad del Estado, producto sin duda del estado de cosas inconstitucional que fue establecido por la Corte Constitucional a través de la sentencia T-153 de 1998. Las conclusiones reflejan en su conjunto el alto nivel de inefi- ciencia con la que se ha actuado por parte del ejecutivo y el legislativo en la solución de la crisis de hacinamiento car- celario y la necesidad de emprender acciones afirmativas, libres del discurso propositivo, que no hace otra cosa que simplificar el problema pero no solucionarlo.This article, about the current situation of prisons, spe- cifically related to prison overcrowding and alternatives to overcome them, are part of the goal to make a critical analysis of the true level of overcrowding in which are now centers prisons and the relationship with the protec- tion of Human Rights by the State as an imperative that requires full compliance, this is a permanent, recurrent and tend to deepen situation, which has caused a crisis in the International Law of Human Rights (HR), which has necessarily meant a state liability in this situation, as a re- sult without question of “Unconstitutional Things in the State” established by the Constitutional Court through the final desition T-153 of 1998. The closures as a whole reflect of the high level of inefficiency with which action has been taken by the Executive and legislative branches in the solution of the overcrowding crisis in prisons and the need to undertake purposeful assertive speech affir- mative action, which does nothing to simplify the problem but not in solving it. 

The Practice and Case Law of Israel in Matters Related to International Law

1998 ◽  
Vol 32 (3) ◽  
pp. 475-527 ◽  
Author(s):  
Rotem M. Giladi
Keyword(s):  
International Law ◽  
Case Law ◽  
International Agreements ◽  
The State ◽  
International Treaties ◽  
Depth Analysis ◽  
The Status ◽  
The Government ◽  
State Of Israel ◽  
Regular Practice

On February 24, 1998, the government submitted the International Treaties (Approval by the Knesset) Bill, 1998 to the Knesset. This governmental bill represents the culmination of fifty years of exchange between the Executive and the Legislature concerning the constitutional authority to conclude international agreements on behalf of the State of Israel.Normally, it would have been preferable to await the completion of the enactment process before commenting on the new legislative arrangements. Due to the constitutional importance of the Bill and the fact that it raises several important questions, the regular practice will be abandoned in this case.Despite the availability of an abundance of materials on the treatymaking practice of the State of Israel and the status of treaties under municipal Israeli law both in English and in Hebrew, an in-depth analysis of the Bill requires an extensive expositionde lex lataon both these questions. Only then will the provisions of the Bill be presented. This will take the form of an issue-by-issue analysis, with conclusions drawn in each segment. The review will conclude with several additional observationsde lege ferenda.

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