Palestinians And Human Rights

The Rise and Fall of Human Rights provides a groundbreaking ethnographic investigation of the Palestinian human rights world—its NGOs, activists, and "victims," as well as their politics, training, and discourse—since 1979. Though human rights activity began as a means of struggle against the Israeli occupation, in failing to end the Israeli occupation, protect basic human rights, or establish an accountable Palestinian government, the human rights industry has become the object of cynicism for many Palestinians. But far from indicating apathy, such cynicism generates a productive critique of domestic politics and Western interventionism. This book illuminates the successes and failures of Palestinians' varied engagements with human rights in their quest for independence.

From renowned human rights lawyer Michael Sfard, an unprecedented exploration of the struggle for human rights in Israel's courts 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. In The Wall and the Gate, Michael Sfard 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. Sfard 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. Writing with emotional force, vivid storytelling, and penetrating analysis, Michael Sfard offers a radically new perspective on a much-covered conflict and a subtle, painful reckoning with the moral ambiguities inherent in the pursuit of justice. The Wall and the Gate is a signal contribution to everyone concerned with the Israeli-Palestinian conflict and human rights everywhere.

“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 widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.

Social, cultural, civil and political measures. Part VI:

The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

This book is the first comprehensive examination of UN efforts to protect Palestinian human rights in the territories occupied by Israel more than 50 years ago in the 1967 War. Working through the UN Human Rights Council in Geneva, three top international legal experts served for six consecutive years as unpaid Special Rapporteurs with a UN mandate to report on Israeli violations of international humanitarian law and human rights standards. Being outside the discipline that controls UN bureaucrats, they enjoyed a high measure of political independence in carrying out their factfinding and reporting missions. Strikingly, despite their differences in background and political outlook, they came to a unanimous consensus confirming the routine and various Israeli violations of Palestinian basic rights. This book recounts their frustrations, their trials, their experiences, and their conclusions. This joint effort breaks new ground in studies by the UN in several respects. It demonstrates both the positive role played by the UN in a politically controversial area and its blockage by geopolitical forces preventing it from securing the. implementation of international law. However, the intense reactions of Israel and pro-Israeli NGOs to this UN work, most notably by UN Watch, attest to the significance of a reliable accounting of Israeli violations of Palestinian human rights Their consistent evasion of the substantive charges made by careful reporting, and recourse by Israeli supporters to discrediting, defamatory attacks on the persons of these Special Rapporteurs, with charges of anti-Semitism, the core of which is subtly shifted from its proper usage as hatred of Jews to justifiable criticism of the state of Israel. While some might argue that the UN inability to enforce international law as futile, or worse, view the UN as merely a vehicle of power politics, this book proves that international public opinion and international solidarity politics are influenced by persuasive expert findings as to international law. Such well-evidenced conclusions encourage transnational activism, as is evident from increased worldwide support for the BDS Campaign and other nonviolent external pressures. This brilliant and authoritative account of the manner in which Israel has administered occupied Palestinian territory during the past 20 years should be regarded as the definitive assessment of that situation.