One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confront
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
A landmark history of one hundred years of war waged against the Palestinians from the foremost US historian of the Middle East, told through pivotal events and family history In 1899, Yusuf Diya al-Khalidi, mayor of Jerusalem, alarmed by the Zionist call to create a Jewish national home in Palestine, wrote a letter aimed at Theodore Herzl: the country had an indigenous people who would not easily accept their own displacement. He warned of the perils ahead, ending his note, “in the name of God, let Palestine be left alone.” Thus Rashid Khalidi, al-Khalidi’s great-great-nephew, begins this sweeping history, the first general account of the conflict told from an explicitly Palestinian perspective. Drawing on a wealth of untapped archival materials and the reports of generations of family members—mayors, judges, scholars, diplomats, and journalists—The Hundred Years' War on Palestine upends accepted interpretations of the conflict, which tend, at best, to describe a tragic clash between two peoples with claims to the same territory. Instead, Khalidi traces a hundred years of colonial war on the Palestinians, waged first by the Zionist movement and then Israel, but backed by Britain and the United States, the great powers of the age. He highlights the key episodes in this colonial campaign, from the 1917 Balfour Declaration to the destruction of Palestine in 1948, from Israel’s 1982 invasion of Lebanon to the endless and futile peace process. Original, authoritative, and important, The Hundred Years' War on Palestine is not a chronicle of victimization, nor does it whitewash the mistakes of Palestinian leaders or deny the emergence of national movements on both sides. In reevaluating the forces arrayed against the Palestinians, it offers an illuminating new view of a conflict that continues to this day.
The British Army's devastating effectiveness against colonial rebellion is exposed in this military history of Britain's pacification of the Arab revolt in Palestine.
"A farmer from a village in the occupied West Bank, cut off from his olive groves by the construction of Israel’s controversial separation wall, asked Israeli human rights lawyer Michael Sfard to petition the courts to allow a gate to be built in the wall. While the gate would provide immediate relief for the farmer, would it not also confer legitimacy on the wall and on the court that deems it legal? The defense of human rights is often marked by such ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country’s High Court―that is, in the court of the abuser. [This book] chronicles this struggle―a story that has never before been fully told― and in the process engages the core principles of human rights legal ethics. [The author] recounts the unfolding of key cases and issues, ranging from confiscation of land, deportations, the creation of settlements, punitive home demolitions, torture, and targeted killings―all actions considered violations of international law. In the process, he lays bare the reality of the occupation and the lives of the people who must contend with that reality. He also exposes the surreal legal structures that have been erected to put a stamp of lawfulness on an extensive program of dispossession. Finally, he weighs the success of the legal effort, reaching conclusions that are no less paradoxical than the fight itself."--
Palestine as a territorial entity has experienced a curious history. Until World War I, Palestine was part of the sprawling Ottoman Empire. After the war, Palestine came under the administration of Great Britain by an arrangement with the League of Nations. In 1948 Israel established itself in part of Palestine's territory, and Egypt and Jordan assumed administration of the remainder. By 1967 Israel took control of the sectors administered by Egypt and Jordan and by 1988 Palestine reasserted itself as a state. Recent years saw the international community acknowledging Palestinian statehood as it promotes the goal of two independent states, Israel and Palestine, co-existing peacefully. This book draws on evidence from the 1924 League of Nations mandate to suggest that Palestine was constituted as a state at that time. Palestine remained a state after 1948, even as its territory underwent permutation, and this book provides a detailed account of how Palestine has been recognized until the present day.
Inventing the national and citizen in Palestine : Great Britain, sovereignty and the legislative context, 1918-1925 -- The notion of 'rights' and the practices of nationality and citizenship from the Palestinian Arab perspective, 1918-1925 -- The diaspora and the meanings of Palestinian citizenship, 1925-1931 -- Institutionalising citizenship : creating distinctions between Arab and Jewish Palestinian citizens, 1926-1934 -- Whose rights to citizenship? Expressions and variations of Palestinian mandate citizenship, 1926-1935 -- The Palestine revolt and stalled citizenship -- Conclusion. The end of the experiment : discourses on citizenship at the close of the mandate.
This book explores the nature of the severe conflict over immigration in Palestine during the British Mandate (1922-1948). It considers the perspectives of the British authorities, the Palestinian Jewish community, and the Palestinian Arabs in their permanent opposition to Jewish immigration, expressed through strikes, demonstrations, and revolt towards the Jewish community in Palestine, as well as the British authorities. It serves to contribute to a debate in the history of Palestine, whilst seeping into other disciplines such as economics, sociology, law, and maritime history.
In 1948, a war broke out that would result in Israeli independence and the erasure of Arab Palestine. Over 20 months, thousands of Jews and Arabs came from all over the world to join those already on the ground to fight in the ranks of the Israel Defense Forces and the Arab Liberation Army. With this book, the young men and women who made up these armies come to life through their letters home, writing about everything from daily life to nationalism, colonialism, race, and the character of their enemies. Shay Hazkani offers a new history of the 1948 War through these letters, focusing on the people caught up in the conflict and its transnational reverberations. Dear Palestine also examines how the architects of the conflict worked to influence and indoctrinate key ideologies in these ordinary soldiers, by examining battle orders, pamphlets, army magazines, and radio broadcasts. Through two narratives--the official and unofficial, the propaganda and the personal letters--Dear Palestine reveals the fissures between sanctioned nationalism and individual identity. This book reminds us that everyday people's fear, bravery, arrogance, cruelty, lies, and exaggerations are as important in history as the preoccupations of the elites.
Is religion a source of political stability and social continuity, or an agent of radical change? This question, so central to contemporary conversations about religion and extremism, has generated varied responses over the last century. Taking Jewish and Islamic education as its objects of inquiry, Mandatory Separation sheds light on the contours of this debate in Palestine during the formative period of British rule, detailing how colonial, Zionist, and Palestinian-Muslim leaders developed competing views of the form and function of religious education in an age of mass politics. Drawing from archival records, school syllabi, textbooks, newspapers, and personal narratives, Suzanne Schneider argues that the British Mandatory government supported religious education as a supposed antidote to nationalist passions at the precise moment when the administrative, pedagogic, and curricular transformation of religious schooling rendered it a vital tool for Zionist and Palestinian leaders. This study of their policies and practices illuminates the tensions, similarities, and differences among these diverse educational and political philosophies, revealing the lasting significance of these debates for thinking about religion and political identity in the modern Middle East.