Transitional In Justice And Enforcing The Peace On Palestine

This book considers the growing interest in transitional justice practices that take place against the backdrop of ongoing settler-colonialism in Palestine. By critiquing the role of common top-down and bottom-up interventions, namely truth recovery and international criminal justice, the book argues that transitional justice acts as an extension of a deeply flawed peacebuilding process that has been so destructive in Palestine and has a deflating effect when it comes to advancing calls for meaningful decolonisation. A 'radicalisation' of transitional justice that takes place in settler-colonial contexts, one that prioritises conversations around meaningful decolonisation, is therefore required. The book will appeal to those with an interest in peacebuilding, conflict transformation and transitional justice. Dr Brendan Ciarán Browne is Assistant Professor Conflict Resolution & Reconciliation, Trinity College Dublin, Ireland and Fellow at the Trinity Centre for Resistance Studies.

This book applies the dynamic field of transitional justice to conflict resolution in Israel/Palestine. Around the globe, diverse societies have pursued truth-telling, restorative justice and reconciliation to end conflict -- yet the language of transitional justice has been all but absent in Israel/Palestine. This volume squarely addresses how transitional justice could contribute to conflict transformation and accountability, incorporating the questions of collective justice, memory, and human rights. It covers the most important historical and legal issues facing Israel/Palestine with a focus on civil societies in South Africa, Northern Ireland and Latin America. Ultimately, the book proposes an unofficial Israeli-Palestinian Truth and Empathy Commission (IPTEC) to address gross human rights abuses committed by both nations. Transitional Justice for Israel/Palestine will be of interest to researchers, NGOs, and policy makers working in transitional justice and societies with ongoing conflict.

In this book, the late Prof. Yaacov Bar-Siman-Tov argues that the failure of the Israeli-Palestinian peace process so far has been mainly the result of the inability of both sides to reach an agreed formula for linking justice to peace. The issues of justice and injustice are focused mainly on the outcomes of the 1947-1949 first Arab-Israeli War and specifically in the creation of the Palestinian refugee problem. The conflicting historical narratives of the two sides regarding the question of responsibility for the injustice done to the Palestinians turn the Israeli-Palestinian conflict into a classic case of linking the issues of justice and peace.Yaacov Bar-Siman-Tov maintains that the narratives of justice and injustice in the Israeli-Palestinian conflict have proved to be formidable barriers to peace. Hence, he recommends that justice should be compromised for the sake of peace. The link between justice and peace is an important issue requiring both sides’ attention, but, given the wide and currently unbridgeable gap separating the two sides, it should be postponed to the phase of reconciliation rather than being included in the process of conflict resolution. The two-state solution is endorsed as the best and practical solution and as a first step for a "just peace" in this conflict, to be followed by reconciliation. Highly topical, this book is essential reading for scholars and researchers of International Relations, Peace Studies and the Arab-Israeli conflict.

This book considers the growing interest in transitional justice practices that take place against the backdrop of ongoing settler-colonialism in Palestine. By critiquing the role of common top-down and bottom-up interventions, namely truth recovery and international criminal justice, the book argues that transitional justice acts as an extension of a deeply flawed peacebuilding process that has been so destructive in Palestine and has a deflating effect when it comes to advancing calls for meaningful decolonisation. A ‘radicalisation’ of transitional justice that takes place in settler-colonial contexts, one that prioritises conversations around meaningful decolonisation, is therefore required. The book will appeal to those with an interest in peacebuilding, conflict transformation and transitional justice.

15 Internationally sponsored conflict resolution programming for youth in the Gaza Strip -- Conclusion -- 16 The future of conflict transformation in Israel and the occupied Palestinian territory -- Index

This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. It describes and evaluates the development of contemporary peace processes and the peace agreements that emerge. The book sets out what is in essence an anatomy of peace agreement practice and interrogates its relationship to law. At its heart the book grapples with the role of law in ending violent conflict and the broader questions this raises for the relationship of law to social change. Law potentially plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in its regulatory guise. International Law regulates self-determination, transitional justice, and the role of third parties. The book documants and analyses these two roles of law. In doing so, the book reveals a complex dynamic relationship between the peace agreement as a legal document and the role of international law in which international law and concepts of domestic constitutionalism are being re-shaped. The practice of negotiating peace agreements is argued to be producing a new law of the peacemaker-or lex pacificatoria that connects developments in international law with new forms of domestic constitutional law in a set of hybrid relationships. This law of the peacemaker potentially forms part of a broader 'law of peace' that moves beyond the traditional concept of law of peace as merely 'the rest of international law' once the laws of war are subtracted. The new lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements. The book proposes an ambivalent response to 'this new law' which connects to contemporary debates about the force of international law and its appropriate relationship with domestic constitutonalism.

The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.

Watershed describes the water crisis faced by Israel and the Occupied Palestinian Territories today; a crisis that will have much to do with the design and the success of the current peace proposals. The authors examine the geopolitics of water in the region, the economic importance, problems of water supply and water quality, and regional conflicts over water.