scholarly journals Israel, Palestine, and Apartheid

2020 ◽  
pp. 73-92
Author(s):  
Ran Greenstein
Keyword(s):  
South Africa ◽  
Criminal Court ◽  
Palestinian Authority ◽  
Jewish State ◽  
Democratic State ◽  
Occupied Territories ◽  
Democratic Rights ◽  
The Many ◽  
Definition Of ◽  
State Of Israel

The term Apartheid was coined to describe the system of segregation, practiced for many years in South Africa. However the 2002 Rome Statute of the International Criminal Court omitted all references to South Africa in its definition of ‘the crime of apartheid’ and the term is now defined globally as a crime against humanity. This article explores the similarities and differences between the now abandoned practice of apartheid in South Africa and the current apartheid policies of Israel, highlighting the need to differentiate between Israel proper (within its pre-1967 boundaries), Greater Israel (within the post-1967 boundaries), and Greater Palestine. Whereas Israel claims it offers democratic rights for all its citizens, all seven pillars of apartheid can be shown to exist in the occupied territories, where the Israeli regime is the sole authority, leaving the Palestinian Authority powerless. The article details how the influx of the different immigrant communities to Israel has disenfranchised the Palestinians from their land. It provides a new definition for the policies practiced, and the many ways in which Israel dictates to the lives of the Palestinians, as “Apartheid of a special type”. It concludes with a proposal to support the policy of bi-nationalism, as stated in in the Haifa Declaration of 2007, which calls for a “change in the definition of the State of Israel from a Jewish state to a democratic state established on national and civil equality between the two national groups, and enshrining the principles of banning discrimination and of equality between all of its citizens and residents.”

The State of Israel and the Apartheid Regime of South Africa in Comparative Perspective

2008 ◽  
Vol 7 (2) ◽  
pp. 201-212 ◽  
Author(s):  
Bernard Regan
Keyword(s):  
South Africa ◽  
Indigenous Peoples ◽  
Legal Framework ◽  
The State ◽  
Comparative Perspective ◽  
Legal Structure ◽  
Occupied Territories ◽  
Apartheid Regime ◽  
Nationalist Government ◽  
State Of Israel

With increasing frequency comparisons are being drawn between the situation of the Palestinian people both in the Occupied Territories and inside Israel with the system of Apartheid imposed on the indigenous peoples of South Africa by the Nationalist Government in 1948. The object of this essay is to explore the analogy and test its merits and shortcomings. The essay explores the legal structure of the Apartheid system and compares it to that of the state of Israel and the legal framework under which Palestinians live in the occupied territories. It concludes that whilst the term Apartheid might seem attractive and adequate for descriptive purposes rendering the plight of the Palestinians more familiar ultimately there is a gap between the appearance and reality of the two experiences.

scholarly journals Acquisition of Title to Territory in the Aftermath of the Use of Force in the United Nations Era: The case of the State of Israel

2018 ◽  
Vol 30 (1) ◽  
pp. 65-88
Author(s):  
Rafał Soroczyński
Keyword(s):  
United Nations ◽  
Legal Status ◽  
Use Of Force ◽  
International Community ◽  
The State ◽  
Arab State ◽  
Jewish State ◽  
Occupied Territories ◽  
The United Nations ◽  
State Of Israel

The territory to which the State of Israel had a title as a newly-created state corresponded to the areas allotted to Jews by the provisions of the resolution 181(II) adopted by the General Assembly of the United Nations on November 29, 1947, which had recommended the partition of Palestine and creation of the Arab state, the Jewish state and the City of Jerusalem as a corpus separatum. As this territorial regime had been modified during the Arab-Israeli war of 1948-1949 and Israel’s government has recognized the areas seized by it during the war as part of its territorial domain, the problem arose as to Israel’s title to those additional territories situated between the 1947 partition lines and the lines established in accordance with the armistice agreements of 1949. Due to important characteristics of the legal status of former mandatory Palestine and to the fact that considerable parts thereof became occupied territories, the process of consolidation of the title thereto required the consent of the international community as a whole. This consent has in fact been granted, both by the international community and by representatives of Palestinian Arabs, in respect of large parts of territories situated between the 1947 partition lines and the 1949 armistice lines. There are no doubts that the State of Israel has sovereign, uncontested rights to these areas. As it constitutes important departure from the generally accepted principle that the use of force in any form cannot serve as a root of title to territory, this situation is of particular interest, providing support for the view that this principle cannot be analyzed without due regard paid to those exceptional situations where the international community decided to depart from its strict application in order to safeguard stability of territorial solutions.

scholarly journals From Ben-Gurion to Venezuelan Converts

2021 ◽  
Vol 49 (1) ◽  
pp. 82-108
Author(s):  
Danni Reches
Keyword(s):  
The State ◽  
Jewish State ◽  
Religious Law ◽  
The Supreme Court ◽  
The Law ◽  
Jewish Immigrants ◽  
Definition Of ◽  
Law Of Return ◽  
State Of Israel

This study analyzes the development of the unique Law of Return (LOR) of the State of Israel. The LOR is aimed at enabling the immigration of all Jews to Israel and can be viewed as an expression of Israel’s ethno-religious self-definition. The analysis includes amendments made to the LOR since its implementation in 1950 to today, and how different groups of Jewish immigrants have been affected by the law. Moreover, this paper introduces a case study that so far has not received the scholarly attention it deserves; the exodus from Venezuela and the particular case of nine Venezuelan converts to Judaism in accordance with the Conservative branch of the religion. The research uncovers that the LOR contains a core contradiction. While it should be assumed that everyone is treated equally before the law, discrepancies in the treatment of different individuals and groups of people with regard to the LOR continue taking place. The differences in treatment are due to the fact that terms such as ‘Jew’ and ‘Jewish convert’ are subjective in accordance withWeber’s theory on ethnicity and the terms have been given different meanings by Jewish religious law, the Supreme Court, and the legislative power. While recognizing that the definition of these terms form the identity of the State of Israel, which is heavily contested between Orthodox religious and secular forces since its establishment as a Jewish State – this study offers suggestions for approaches to dealing with the randomness of the LOR. These consist of two main points: clarifying who should be responsible for verifying the question of who is a Jew, and listing a set of criteria that a person should meet in order to be eligible for the LOR.

scholarly journals Obstacles and Possibilities for Peace between Israel and Palestine

2020 ◽  
pp. 33-46
Keyword(s):  
Prime Minister ◽  
Mutual Recognition ◽  
West Bank ◽  
Arab State ◽  
Jewish State ◽  
Concrete Barriers ◽  
West Bank And Gaza ◽  
The Many ◽  
State Of Israel ◽  
East Jerusalem

There have been various obstacles to resolution of the Israeli-Palestinian conflict since the United Nations resolved to partition Palestine into a Jewish state and an Arab state. Some of these obstacles have been psychological, with both sides contesting the identity and narrative of the other. More concrete barriers have been the many settlements built by Israel in the occupied West Bank, including East Jerusalem, since 1967, totaling today over 500,000 Israeli settlers. The article addresses these and other obstacles, but it also notes the important changes that have occurred, making resolution of the conflict possible. These include the pragmatic 1988 PLO decision to create a state next to the state of Israel in the West Bank and Gaza, with a capital in East Jerusalem; the exchange of letters of mutual recognition between Chairman Arafat and Prime Minister Rabin that preceded the 1993 Oslo Principles, and the Arab Peace Initiative of 2002.

7. Zionism in a Jewish state, 1948–1967

2016 ◽  
pp. 64-80
Author(s):  
Michael Stanislawski
Keyword(s):  
Real Life ◽  
Jewish State ◽  
Arab Population ◽  
Declaration Of Independence ◽  
The Real ◽  
History Of ◽  
Definition Of ◽  
State Of Israel

After the declaration of independence, the history of Zionism became entangled with the history of the new State of Israel. But Zionism as an ideology continued to evolve. Challenges for the new state under the leadership of David Ben-Gurion included: the local Arab population; immigration; differences between the Ashkenazic and Mizrachi Jews; schooling; and ongoing squabbles between the Labor Zionists and the Revisionists. Zionism had to face the real-life implications of its definition of the Jews as a nation and not a religion. The “Who is a Jew?” debate continued to erode the consensus of what it meant to be a Jew in a secular Jewish state.

The Metaphysics and Poesis of Israel

2016 ◽  
pp. 238-282
Author(s):  
Lucille Cairns
Keyword(s):  
The State ◽  
Muslim World ◽  
Arab Muslim ◽  
Hebrew Language ◽  
Occupied Territories ◽  
The Many ◽  
State Of Israel

‘The Metaphysics and Poesis of Israel’ discusses the potency and ambivalence of Jerusalem as an aporetic ideal. It analyses the many connections relating to Israel, including those between the state of Israel and the Arab-Muslim world; Israelis and Palestinians; diasporic Jews and Israelis; religious and secular Israelis; and finally Ashkenazi and Sephardi/Mizrahi Israelis. The chapter also considers the image of Israel as marked by madness as well as the significance of the Hebrew language. Cairns concludes with a consideration on the frontier between Israelis living within internationally recognized Israeli boundaries and those living in the Occupied Territories.

A2. PA PRIME MINISTER MAHMUD ABBAS AND ISRAELI PRIME MINISTER ARIEL SHARON, STATEMENTS FOLLOWING THE AQABA SUMMIT, AQABA, JORDAN, 4 JUNE 2003 (EXCERPTS).

2003 ◽  
Vol 33 (1) ◽  
pp. 149-151
Keyword(s):  
Prime Minister ◽  
Jewish State ◽  
The Road ◽  
Road Map ◽  
Associated Press ◽  
Occupied Territories ◽  
Arab States ◽  
President Bush

The quadrilateral meeting at Aqaba, intended to ““kick off implementation”” of the road map, was attended by King Abdallah, Prime Minister Abbas, Prime Minister Sharon, and President Bush. All four leaders made statements at the end of the meeting, but only those by Abbas and Sharon are reproduced below. President Bush's statement was noteworthy for its mention of Israel as a ““vibrant Jewish state”” (““America is strongly committed and I am strongly committed to Israel's security as a vibrant Jewish state””) and of Palestinian ““hopes”” for a ““viable”” state, and for reiterating that the Arab states ““have promised to cut off assistance and the flow of money and weapons to terrorists groups and to help Prime Minister Abbas rid Palestinian areas of terrorism.”” The statements by Abbas and Sharon were drafted with U.S. officials prior to the meeting. Though Abbas did not comply with the Israeli demand of Palestinian acknowledgment of Israel as a ““Jewish state,”” his speech provoked indignation in the occupied territories for its reference to ““the suffering of the Jews”” without mention of Palestinian suffering, its reiterated call for ending the ““armed intifada,”” and its ““renunciation”” of terrorism. Sharon resisted U.S. suggestions to refer to ““settlements,”” but did mention ““unauthorized outposts.”” In reference to Sharon's mention of ““territorial contiguity”” for a ““viable”” Palestinian state, a spokesman indicated that the contiguity would be ensured by ““bridges and tunnels.”” The text of the statements, transcribed by eMediaMill- Works and carried by the Associated Press, was posted on the Washington Post's Website.

Religious Narrative

2013 ◽  
Vol 42 (4) ◽  
pp. 3-9
Author(s):  
Armin Geertz
Keyword(s):  
Special Issue ◽  
Human Communication ◽  
Religious Narrative ◽  
The Many ◽  
Definition Of

This introduction to the special issue on narrative discusses various ways of approaching religious narrative. It looks at various evolutionary hypotheses and distinguishes between three fundamental aspects of narrative: 1. the neurobiological, psychological, social and cultural mechanisms and processes, 2. the many media and methods used in human communication, and 3. the variety of expressive genres. The introduction ends with a definition of narrative.

Foreigners' Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Andre Mangu
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Bill Of Rights ◽  
The South ◽  
Legislation And Jurisprudence ◽  
Foreign Nationals ◽  
Lay Persons ◽  
Democratic State ◽  
Labour Legislation

After several decades of apartheid rule, which denied human rights to the majority of the population on the ground of race and came to be regarded as a crime against humanity, South Africa adopted its first democratic Constitution in the early 1990s. The 1996 Constitution, which succeeded the 1993 interim Constitution, is considered one of the most progressive in the world. In its founding provisions, it states that South Africa is a democratic state founded on human dignity, the achievement of equality, the advancement of human rights and freedoms. The Constitution enshrines fundamental human rights in a justiciable Bill of Rights as a cornerstone of democracy. Unfortunately, in the eyes of a number of politicians, officials and lay-persons, the rights in the Bill of Rights accrue to South African citizens only. Xenophobia, which has been rampant since the end of apartheid, seems to support the idea that foreigners should not enjoy these rights. Foreign nationals have often been accused of posing a threat to South African citizens with regard to employment opportunities. In light of the South African legislation and jurisprudence, this article affirms the position of the South African labour law that foreign nationals are indeed protected by the Constitution and entitled to rights in the Bill of Rights, including the rights to work and fair labour practices.

Epistemic Ruptures in South African Standpoint Knowledge-Making: Academic Feminism and the #FeesMustFall Movement

2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Desiree Lewis ◽  
Cheryl Margaret Hendricks
Keyword(s):  
South Africa ◽  
South African ◽  
Political Thought ◽  
Economic Restructuring ◽  
Student Protests ◽  
Political Processes ◽  
Academic Feminism ◽  
The Many ◽  
Radical Knowledge ◽  
Intellectual Activism

Alongside the many structural and political processes generated by the #FeesMustFall student protests between 2015 and 2016 were narratives and discourses about revitalising the transformation of universities throughout South Africa. It was the very notion of “transformation,” diluted by neo-liberal macro-economic restructuring from the late 1990s, that students jettisoned as they increasingly embraced the importance of “decolonisation.” By exploring some of the key debates and interventions driven by the #FeesMustFall movement, we consider how earlier trajectories of feminist knowledge-making resonate with these. The article also reflects on how aspects of intellectual activism within the student protests can deepen and push back the frontiers of contemporary South African academic feminism. In so doing, it explores how radical knowledge-making at, and about, universities, has contributed to radical political thought in South Africa.

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