The Anatomy Of Human Rights In Israel

Examines human rights in the Israeli domestic arena by analyzing the politics and strategies of defending human rights.

This book examines the issue of human rights in the Israeli domestic arena by analyzing the politics and strategies of defending human rights. It explains the processes through which Israel is struggling to promote human rights within a specific institutional environment, thus determining the future of Israeli democracy and its attitude toward human rights.

Groundbreaking essays by leading Israeli and Palestinian scholars analyze the system of Israeli power in the Occupied Palestinian Territories. On the eve of its fifth decade, the Israeli occupation in the Palestinian territories can no longer be considered a temporary aberration. Israel's control over Palestinian life, society, space and land has become firmly entrenched while acquiring more sophisticated and enduring forms. The Power of Inclusive Exclusion analyzes the Israeli occupation as a rationalized system of political rule. With essays by leading Palestinian and Israeli scholars, a comprehensive chronology, photographs, and original documents, this groundbreaking book calls into question prevalent views of the occupation as a skewed form of brutal colonization, a type of Jewish apartheid, or an inevitable response to terrorism. The writers address the fundamental and contemporary dimensions of the occupation regime--its unpredictable bureaucratic apparatus, the fragmentation of space and regulation of movement, the intricate tapestry of law and regulations, the discriminatory control over economic flows and the calculated use of military violence. The Power of Inclusive Exclusion uncovers the structural logic that sustains and reproduces the occupation regime. In a time when military occupations are emerging globally, political disasters abound, and protracted control over groups of noncitizens has been normalized, The Power of Inclusive Exclusion provides a new set of categories crucial to our understanding of emergency regimes and identifies what is at stake for an informed and timely opposition. Contributors Caroline Abu-Sada, Gadi Algazi, Ariella Azoulay, Orna Ben-Naftali, Yael Berda, Hilla Dayan, Leila Farsakh, Dani Filc, Michal Givoni, Mira Givoni, Neve Gordon, Aeyal M. Gross, Sari Hanafi, Ariel Handel, Keren Michaeli, Adi Ophir, Ronen Shamir, Yehuda Shenhav, Eyal Weizman

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.

Why is there such a large gap between the declarations that countries make about human rights and their imperfect implementation of them? Why do states that have enacted laws and signed treaties about human rights choose to not enforce these laws in daily life? Why have activists failed to achieve the goals of ensuring human rights domestically and internationally? This book examines the issue of human rights in the Israeli domestic arena by analyzing the politics and strategies of defending human rights. To do so, it integrates the tools of social choice theory with a unique institutionalist perspective that looks at both formal and informal, and local and international factors. The book offers an analysis explaining the processes through which Israel is struggling to promote human rights within a specific institutional environment, thus determining the future of Israeli democracy and its attitude toward human rights.

This book explores recent developments pointing towards a ‘domestic institutionalisation of human rights’, composed of converging international trends prescribing the setting up of domestic institutions, and the need for a national human rights systems approach. Building on new compliance theories, innovative arrangements have resolutely appeared around the turn of the millennium and some are now legally enshrined in human rights treaties. In their introduction, the editors capture these developments, their main elements and key points of debate. They outline a research agenda aimed at structuring and generating further attention from both academics and practitioners. As a stepping stone, the book singles out the purposeful attempt by the United Nations and others to frame these trends around the concept of ‘National Human Rights System’. The chapters assess various models and cases put forward for such systems. Each chapter highlights the specific forms of institutions being promoted and their intended domestic interactions, and discusses how these institutions are leveraged and strengthened by international bodies. Authors critically review their implications for the future of human rights, paving the way for additional research. The chapters in this book were originally published as a special issue of the Nordic Journal of Human Rights.

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.

This book examines Israeli strategies of adapting to a crisis of governability brought on by institutional stagnation. The book uses a new theory emphasizing the role of policy entrepreneurs in political institutions, and ultimately offers a method of electoral reform to address systemic maladies in the Israeli political system.