The Struggle for Land Under Israeli Law
The Struggle for Land Under Israeli Law

Author: Hadeel S. Abu Hussein

Publisher: Routledge

Published: 2021-11-29

Total Pages: 181

ISBN-13: 1000486052

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This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli–Palestinian conflict.

Justice for Some
Justice for Some

Author: Noura Erakat

Publisher: Stanford University Press

Published: 2019-04-23

Total Pages: 405

ISBN-13: 1503608832

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“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

The Invention of the Land of Israel
The Invention of the Land of Israel

Author: Shlomo Sand

Publisher: Verso Books

Published: 2012-11-20

Total Pages: 305

ISBN-13: 1844679462

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What is a homeland and when does it become a national territory? Why have so many people been willing to die for such places throughout the twentieth century? What is the essence of the Promised Land? Following the acclaimed and controversial The Invention of the Jewish People, Shlomo Sand examines the mysterious sacred land that has become the site of the longest-running national struggle of the twentieth and twenty-first centuries. The Invention of the Land of Israel deconstructs the age-old legends surrounding the Holy Land and the prejudices that continue to suffocate it. Sand’s account dissects the concept of “historical right” and tracks the creation of the modern concept of the “Land of Israel” by nineteenth-century Evangelical Protestants and Jewish Zionists. This invention, he argues, not only facilitated the colonization of the Middle East and the establishment of the State of Israel; it is also threatening the existence of the Jewish state today.

Land Expropriation in Israel
Land Expropriation in Israel

Author: Yifat Holzman-Gazit

Publisher: Routledge

Published: 2016-04-22

Total Pages: 213

ISBN-13: 131710837X

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Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.

Access Denied
Access Denied

Author: Ḥusayn Abū Ḥusayn

Publisher: Zed Books

Published: 2003-09

Total Pages: 338

ISBN-13: 9781842771235

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This book examines how Israeli land policy today inhibits access to land for its own Arab citizens even within the 1948 boundaries of the state of Israel. Its authors explore the system of land ownership, the acquisition and administration of public land, and the control of land use through planning and housing regulations. They argue that the law is used to discriminate against non-Jewish citizens and restrict Israeli Palestinians' access to land, and that Israeli land policies breach international human rights standards which could be used as a basis to challenge discriminatory policies.

Israel-Palestine
Israel-Palestine

Author: Omer Bartov

Publisher: Berghahn Books

Published: 2021-09-17

Total Pages: 454

ISBN-13: 1800731302

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The conflict between Israel and Palestine has raised a plethora of unanswered questions, generated seemingly irreconcilable narratives, and profoundly transformed the land’s physical and political geography. This volume seeks to provide a deeper understanding of the links between the region that is now known as Israel and Palestine and its peoples—both those that live there as well as those who relate to it as a mental, mythical, or religious landscape. Engaging the perspectives of a multidisciplinary, international group of scholars, it is an urgent collective reflection on the bonds between people and a place, whether real or imagined, tangible as its stones or ephemeral as the hopes and longings it evokes.

The Wall and the Gate
The Wall and the Gate

Author: Michael Sfard

Publisher: Metropolitan Books

Published: 2018-01-23

Total Pages: 528

ISBN-13: 1250122708

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"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."--

The Hundred Years' War on Palestine
The Hundred Years' War on Palestine

Author: Rashid Khalidi

Publisher: Metropolitan Books

Published: 2020-01-28

Total Pages: 352

ISBN-13: 1627798544

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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.

On Palestine
On Palestine

Author: Noam Chomsky

Publisher: Haymarket Books

Published: 2015-03-23

Total Pages: 226

ISBN-13: 1608465012

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The sequel to the acclaimed Gaza in Crisis from world-famous political analyst Noam Chomsky and Middle East historian Ilan Pappé. Operation Protective Edge, Israel’s 2014 assault on Gaza, left thousands of Palestinians dead and cleared the way for another Israeli land grab. The need to stand in solidarity with Palestinians has never been greater. Ilan Pappé and Noam Chomsky, two leading voices in the struggle to liberate Palestine, discuss the road ahead for Palestinians and how the international community can pressure Israel to end its human rights abuses against the people of Palestine. Praise for Gaza in Crisis by Noam Chomsky and Ilan Pappé “This sober and unflinching analysis should be read and reckoned with by anyone concerned with practicable change in the long-suffering region.” —Publishers Weekly “Both authors perform fiercely accurate deconstructions of official rhetoric.” —The Guardian Praise for Noam Chomsky . . . “Chomsky is a global phenomenon . . . perhaps the most widely read American voice on foreign policy on the planet.” —The New York Times Book Review “One of the radical heroes of our age . . . a towering intellect . . . powerful, always provocative.” —The Guardian . . . and Ilan Pappé “Ilan Pappé is Israel’s bravest, most principled, most incisive historian.” —John Pilger, journalist, writer, and filmmaker “Along with the late Edward Said, Ilan Pappé is the most eloquent writer of Palestinian history.” —New Statesman

My Promised Land
My Promised Land

Author: Ari Shavit

Publisher: Random House

Published: 2013-11-19

Total Pages: 482

ISBN-13: 0812984641

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NEW YORK TIMES BESTSELLER • A NEW YORK TIMES BOOK REVIEW AND ECONOMIST BEST BOOK OF THE YEAR “A deeply reported, deeply personal history of Zionism and Israel that does something few books even attempt: It balances the strength and weakness, the idealism and the brutality, the hope and the horror, that has always been at Zionism’s heart.”—Ezra Klein, The New York Times Winner of the Natan Book Award, the National Jewish Book Award, and the Anisfield-Wolf Book Award Ari Shavit’s riveting work, now updated with new material, draws on historical documents, interviews, and private diaries and letters, as well as his own family’s story, to create a narrative larger than the sum of its parts: both personal and of profound historical dimension. As he examines the complexities and contradictions of the Israeli condition, Shavit asks difficult but important questions: Why did Israel come to be? How did it come to be? Can it survive? Culminating with an analysis of the issues and threats that Israel is facing, My Promised Land uses the defining events of the past to shed new light on the present. Shavit’s analysis of Israeli history provides a landmark portrait of a small, vibrant country living on the edge, whose identity and presence play a crucial role in today’s global political landscape.