Abandoned Property Claims

In the twenty years that followed the Arab-Israeli war of 1948, 800,000 Jews left their homes in Syria, Egypt, Iraq, Yemen, Libya, Morocco, and several other Arab countries. Although the causes of this exodus varied, restrictive governmental measures and an outburst of anti-Semitic feeling during and after the war were major factors. Some of these "Mizrahi" Jews, most of whom were not active Zionists, were forced to leave behind property of great financial and ancestral value-property that was sometimes seized by the governments of the countries they fled. In this book, Michael R. Fischbach, who has dedicated years to studying land and property ownership in the context of the Arab-Israeli conflict, reconstructs the circumstances in which Jewish communities left the Arab world. Conducting meticulous and exhaustive research in the archives of Washington D.C., Jerusalem, London, New York, and elsewhere, Fischbach offers the most authoritative estimates to date of the value of the property left behind. He also describes the process by which various actors, most importantly the State of Israel, linked the resolution of Jewish property claims to the fate of Palestinian refugee property claims following the 1948 war. Fischbach considers the implications of contemporary developments, such as America's invasion of Iraq, Israeli-Palestinian negotiations, and Libya's attempt to shed its international pariah status, which have impacted pending claims and will affect claims in the future. Overall, he finds that many international Jewish organizations have supported the link between the claims of Mizrahi Jews and those of Palestinian refugees, hindering serious efforts to obtain restitution or compensation.

Property relations are such a common feature of social life that the complexity of the web of laws, practices, and ideas that allow a property regime to function smoothly are often forgotten. But we are quickly reminded of this complexity when conflict over property erupts. When social actors confront a property regime – for example by squatting – they enact what can be called ‘contested property claims’. As this book demonstrates, these confrontations raise crucial issues of social justice and show the ways in which property conflicts often reflect wider social conflicts. Through a series of case studies from across the globe, this multidisciplinary anthology brings together works from anthropologists, legal scholars, and geographers, who show how exploring contested property claims offers a privileged window onto how property regimes function, as well as an illustration of the many ways that the institution of property shapes power relationships today.