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

Robert H. Latiff’s Future Peace, a sequel to Future War, specifically brings to attention a subtle, yet potentially destructive effect of technologies such as autonomous systems, advanced weapons, and AI: the provocation to violence. Against the backdrop of the brewing power rivalry between the U.S. and its adversaries, technology aggregates tension and catalyzes violence.

Future Peace touches upon the ethical, security-related, behavioral, and technical aspects of technology and warfare. It consists of four chapters: “A Giant Armed Nervous System” (referring to the military), “Urge to Violence,” “Stumbling into War,” and “Avoiding War.”

Latiff’s book comes as a warning to practice caution when adopting new weapons technology, and aids in understanding human and technical behaviors to attenuate its harms and decrease the chances of war. Not only does technology make war easier and speedier, hence enabling the rush to war, but hinders human reasoning. Such technical changes make the process of sound judgement difficult; for example, thinking and acting in a diplomatic manner. Furthermore, these changes enhance the potential for human error to get out of hand.

Latiff argues that it is vitally important to avoid entering conflict in the first place. He highlights the importance of the cooperative efforts of many segments of society, from the public and technologists to militarists and decision-makers. He implies that it is criminal negligence to leave everything to automation processes or politicians. Therefore, Future Peace also lays out long to short term recommendations to maintain peace and reverse the rush to war.

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utonomous features are not a matter of the future; they have been used in warfare for years. However, it is quite evident that with the advancement of technology and the weaponization of artificial intelligence, autonomous weapons systems are swiftly adapting and becoming accepted.

As these changes emerge, the question that is often raised by international organizations such as the UN, which set the norms of conduct in an effort to control and regulate the use of autonomous weapons, is “How will human beings maintain control of the use of autonomous weapons?” In their study, Ingvild Bode and Hendrik Huelss flip the script to reveal another perspective of this dynamic.

Bode and Huelss aim to explain how testing, developing, and using weapons systems with autonomous features shapes ethical and legal norms, and how standards manifest and change in practice. The authors also examine the consequences of autonomous weapons for international relations.

Bode and Huelss acknowledge the fear and risks that these developments bring but adopt the approach that autonomous weapon systems may push people away from taking immediate decisions on the use of force as norms adapt to the appropriate use of force.

In short, Autonomous Weapons Systems and International Norms analyses the normative repercussions of weaponizing artificial intelligence by examining them not as tools used by the military but as shaping forces. Chapters include “Autonomous Weapons Systems and International Relations,” “New Technologies of Warfare: Emergence and Regulation,” “International Law, Norms, and Order,” “Norms in International Relations,” and “How Autonomous Weapons Systems Make Norms,” and contain assisting tables and figures.

As the trend and debate of autonomizing weapons systems continues, Autonomous Weapon Systems and International Norms equips the reader with an understanding of the relation of human-machine interaction and the process of integrating new technologies into war.

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n War Virtually, Roberto J. González takes the reader behind the scenes to expose how scientists, programmers, and engineers developed technologies that automate war, predict conflict, and regulate human thought and behavior. Does this sound utopian? Not so when you factor in the persistent drive to arm for virtual warfare. In this quest, data comes a valuable commodity.

González evaluates autonomous weapons, robotic systems, predictive modeling software, advanced surveillance programs, and psyops techniques. He examines the foundation of the latest version of warfare in order to explain how it has taken its current form through contemporary military operations and their high-tech and cultural underpinnings.

However, War Virtually transcends the design, innovative, and transformative aspects of technology and warfare, and touches upon human engineering. González reveals the relations between U.S. intelligence agencies and Big Tech, and its implications. It is no secret that algorithms construct behavioral models for anticipating or even predicting human behavior, and, therefore, all of us risk having our digital lives become part of the military-industrial economy.

Adopting a critical approach, González examines how the U.S. military is weaponizing technology and data for new kinds of warfare, and questions the notion that technological advancements will lead to more efficient and less destructive warfare. In fact, he implies that such an aspiration comes at a great cost, and argues that in this world, there is little room for hubris.

War Virtually covers a large array of topics including automated battlefield robotics, social scientists’ involvement in experimental defense research, the blurred line between political consulting and propaganda in the internet era, and the military’s use of big data to craft new counterinsurgency methods based on predicting conflict.

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n Proto-Algorithmic War, Stefka Hristova offers a unique perspective on the Iraq War and the history of algorithmic and digital logic that came to be a crucial element of today’s warfare. She examines the military policy of the United States going into the Iraq War: the U.S. approached the war with the logic of digital and emerging algorithmic technology alongside the preceding numerical logics of the British Mandate in Iraq. In a sense, the Iraq War became an experiment in the early stages of development and utilization of such technology in warfare, and moreover war culture.

Hristova provides a case study of a comparative historical framework reaching back to the quantification techniques harnessed during the era of Mandatory Iraq (1918-1932) and analyzes the parallels and diversions between the numerical logics in both cases.

The author further evaluates the logic that moved beyond the British mandate for Iraq and reduced culture, society, and the physical body and environment into visual data-driven, sterilized, reproducible warfare, highlighting that it lacked cultural and historical context. Indeed, the actual experience of the Iraq War resulted in massive-scale death and destruction.

Proto-Algorithmic War offers an insight into the digitization and automation of war. Hristova aptly scrutinizes the ways in which the Iraq War attempted and often failed to see and incorporate population and territory as digital and further proto-algorithmic entities.

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en Buchanan and Andrew Imbrie use fire as an analogy to showcase how AI has a dual nature: destructive and constructive. Just like our distant ancestors learning to operate their newly discovered, full of potential tool, our responsibility is to understand and use AI potential wisely. With AI revolutionizing the world, democracies have a responsibility to harness that power constructively and come out on top. Transformation is on its way—can humanity use AI to light the way? Or will the fire burn wildly and ignite a new type of war?

In The New Fire, Buchanan and Imbrie help us understand AI better by breaking it down into its “sparks,” which are data, algorithms, and computing power. They further explain the tangible and potentially destructive consequences of these sparks such as disinformation campaigns, new hacking tools, and military weapons.

On a larger scale, The New Fire shows the urgency of democracies to adapt to the powerful tool that is AI, as autocrats may use it for domestic centralized control and asymmetric advantages in combat. In that sense, they argue that harnessing the power of AI is crucial for holding democracy in balance in the world. The New Fire also acknowledges that democracies have a harder time adapting to the age of AI given ethical and civil concerns, but that new ways could be forged based on the advantages of democracy.

Drawing on examples from geopolitical competition and its analysis, Buchanan and Imbrie show how AI can work for democracy while respecting civil rights. In the age of AI, this crucial topic may determine the choice of course between war and peace.

Written by Dilara Özer