Occupied by Law: Six Books on International Law in the Context of Palestine

In the tumultuous landscape of the Israel-Palestine conflict, international law emerges as a critical but often elusive framework for addressing the issues at hand. Its application becomes both a beacon of hope for justice and a labyrinth where legal principles intersect with geopolitical realities. 

This month’s curated book bundle unveils a series of thought-provoking works that dissect the interplay between law, politics, and human rights in the context of Israel-Palestine. These books traverse the historical, legal, and humanitarian dimensions of the conflict, offering readers a comprehensive understanding of the challenges and potential avenues for justice.

Justice for Some: Law and the Question of Palestine by Noura Erakat contends that judicial intervention has failed to address the most pressing challenges facing the Palestinian struggle for freedom. She delves into the shortcomings of occupation law, which, rather than deterring Israel’s settlement enterprise, has proven ineffective in curbing its expansion. 

Furthermore, Erakat scrutinizes the laws of war, revealing how they have permitted the use of lethal force and widespread destruction during Israel’s military offensives in the Gaza Strip. The once-promising Oslo Accord’s two-state solution, as posited in 1993, is declared a dead letter, underscoring the need for a fresh perspective.

Justice for Some introduces a novel approach to understanding the Palestinian quest for freedom by examining the relationship between power dynamics and international law. Erakat navigates through pivotal historical moments, from the Balfour Declaration in 1917 to contemporary conflicts in Gaza, illustrating how the strategic manipulation of legal frameworks has played a pivotal role in shaping the current conditions of the region.

Erakat persuasively argues that, over the past century, the application of law has disproportionately advanced the interests of Israel, highlighting that the outcome was not an inevitable consequence but rather a product of political interventions. 

This book emphasizes that law is inherently political and that its interpretation and enforcement are contingent on the actions of states and individuals. It posits that change within the legal realm is possible and that international law can become a potent force for advancing the cause of freedom when mobilized in support of a political movement.

Noura Erakat, Justice for Some: Law and the Question of Palestine (Stanford University Press, 2019) ISBN: 9781503613577, 352 pages

Protecting Human Rights in Occupied Palestine: Working Through the United Nations offers a brilliant and authoritative exploration of the UN’s attempts to address and expose Israeli violations of international humanitarian law and human rights in the occupied Palestinian territories since the 1967 War. 

Authored by three independent international legal experts who served as UN Special Rapporteurs, the book unveils a compelling narrative of their six-year-long, unpaid mandate to investigate and report on Israeli transgressions.

What sets this study apart is the unprecedented political independence enjoyed by the Special Rapporteurs outside the typical UN bureaucratic constraints. Despite divergent backgrounds and political perspectives, the experts unanimously confirm the routine and diverse violations of Palestinian basic rights by Israel. The book delves into their frustrations, trials, experiences, and the consensus they reached.

This collaborative effort sheds light on both the positive role the UN can play in addressing contentious issues and the geopolitical forces that hinder the implementation of international law. The vehement reactions from Israel and pro-Israeli NGOs underscore the importance of a reliable account of Israeli violations of Palestinian human rights. 

The book exposes how critics sidestep substantive charges by resorting to discrediting attacks, including accusations of anti-Semitism, aimed at undermining the credibility of the Special Rapporteurs.

While skeptics may dismiss the UN’s ability to enforce international law, this book emphasizes the impact of expert findings on shaping international public opinion and solidarity politics. The well-evidenced conclusions presented within the book have fueled transnational activism, exemplified by the growing global support for the BDS Campaign and other nonviolent external pressures.

Richard Falk, John Dugard, and Michael Lynk, Protecting Human Rights in Occupied Palestine: Working Through the United Nations (Clarity Press, 2023) ISBN: 9781949762549, 398 pages

The United Nations and the Question of Palestine: Rule by Law and the Structure of International Legal Subalternity, authored by Ardi Imseis, unravels the complexities and tensions that exist between the UN’s actions and the requirements of international law, revealing a nuanced and often contradictory relationship when it comes to Palestine. The exploration delves into the various forms that the UN’s failure to adhere to international law has taken and the far-reaching implications of such deviations. 

The book unveils a state of ‘international legal subalternity’ imposed upon Palestine and its people. It contends that the promise of justice through international law is consistently offered, yet remains elusive, perpetually withheld under the guise of political legitimacy furnished by the international community.

The book provides readers with a critical perspective on the UN’s handling of the Palestinian question. The author’s exploration invites readers to reconsider preconceptions, offering a thought-provoking analysis of Palestine’s pursuit of justice on the global stage.

Ardi Imseis, The United Nations and the Question of Palestine: Rule by Law and the Structure of International Legal Subalternity (Cambridge University Press, 2023) ISBN: 9781009076272, 303 pages

In Gaza: An Inquest to Its Martyrdom, Norman G. Finkelstein delivers a powerful and meticulously researched examination of the tragic plight befalling the Gaza Strip. As one of the world’s most densely populated areas, with a majority of inhabitants under eighteen and two-thirds classified as refugees, Gaza has been the recurrent target of eight devastating Israeli military operations since 2004. 

Finkelstein portrays the dire reality faced by its largely defenseless population, with thousands perishing and tens of thousands left homeless, exacerbated by a merciless and illegal Israeli blockade.

Finkelstein’s book, drawing on numerous human rights reports, conducts a penetrating inquest into Gaza’s martyrdom, challenging Israel’s justifications for these actions as self-defense. He convincingly argues that these assaults were blatant violations of international law. 

However, the book also unveils a disheartening narrative of the failure of international guardians, including renowned organizations such as Amnesty International and Human Rights Watch, as well as the UN Human Rights Council, to adequately address Gaza’s suffering.

One of the most unsettling conclusions is the succumbing of human rights organizations to the Israeli juggernaut, particularly highlighted by Judge Richard Goldstone’s retraction of his UN report. Finkelstein’s book only serves as a tribute to Gaza’s martyrs but also stands as an act of resistance against historical forgetfulness. 

In unraveling the man-made humanitarian disaster that is Gaza, Finkelstein offers a compelling call to action, urging readers to confront the uncomfortable truths and advocate for justice in the face of ongoing tragedy.

Norman Finkelstein, Gaza: An Inquest to Its Martyrdom (University of California Press, 2021) ISBN: 9780520318335, 440 pages

Prolonged Occupation and International Law: Israel and Palestine is a significant academic study stemming from the 2018 conference on “The Threshold from Occupation to Annexation.” This collection expands the discourse on the 55-year Israeli administration of the Palestinian Territories, covering themes from colonialism to potential international criminal liability.

In response to the prevailing political inertia, the volume offers a poignant examination of international legal frameworks in the context of Palestinian life under prolonged Israeli occupation. It emphasizes the dynamism of international law, showcasing its potential, when coupled with imagination and social movements, to advance justice in Palestine and beyond.

This scholarly collection, featuring contributions from renowned experts, provides a comprehensive exploration of fundamental legal issues arising from Israel’s prolonged occupation of Palestine. It serves as a crucial resource, weaving together rigorous analysis and lived experiences to guide a nuanced understanding of the challenges posed by prolonged occupation and the quest for justice.

Nada Kiswanson and Susan Power, Prolonged Occupation and International Law: Israel and Palestine (Brill, 2023) ISBN: 9789004503922, 402 pages

In the shadow of the birth of Israel seventy years ago, the Palestinian refugee question remains an enduring and complex crisis, making it one of the most protracted post-WWII refugee issues. With over six million refugees scattered across the Middle East, their status is intricately tied to the political circumstances surrounding the Israeli-Palestinian conflict, as well as the specific state or territory ‘hosting’ them. Despite the foundational role of international law in addressing their plight, it often takes a backseat in political discussions.

This compelling new edition builds upon the seminal work of its predecessor published in 1998, offering a clear and comprehensive analysis of various facets of international law relevant to Palestinian refugees. From refugee law and human rights law to humanitarian law, the book explores the intricacies of providing international protection for Palestinian refugees and delves into potential durable solutions. Notably, it examines the current interpretations of Article 1D of the 1951 Refugee Convention and various definitions of Palestinian refugees.

A key reference text, this book serves as an authoritative account of the subject, shedding light on the roles of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) and the United Nations Refugee Agency (UNHCR) in relation to Palestinian refugees. It stands out for its innovative framework proposing just and durable solutions, drawing on recent developments in refugee law and a holistic, rights-based approach.

Francesca Albanese and Lex Takkenberg, Palestinian Refugees in International Law (Second Edition) (Oxford University Press, 2020) ISBN: 9780198784050, 608 pages