Is There a Court for Gaza?

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Publisher : Springer Science & Business Media
ISBN 13 : 9067048194
Total Pages : 593 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Is There a Court for Gaza? by : Chantal Meloni

Download or read book Is There a Court for Gaza? written by Chantal Meloni and published by Springer Science & Business Media. This book was released on 2012-03-16 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.

Justice for Some

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Publisher : Stanford University Press
ISBN 13 : 1503608832
Total Pages : 405 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Justice for Some by : Noura Erakat

Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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

Justice in Conflict

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Publisher : Oxford University Press
ISBN 13 : 0191082945
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Justice in Conflict by : Mark Kersten

Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Palestine and the International Criminal Court

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Publisher : Springer
ISBN 13 : 9462652910
Total Pages : 239 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Palestine and the International Criminal Court by : Seada Hussein Adem

Download or read book Palestine and the International Criminal Court written by Seada Hussein Adem and published by Springer. This book was released on 2019-04-05 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the possible investigation and prosecution by the International Criminal Court (ICC) of crimes allegedly committed in the Israeli-Palestinian conflict. In light of the Rome Statute and the Practice of the Office of the Prosecutor of the Court, among others, it examines the route, possible outcomes, and challenges that may arise were the Palestine situation to be brought before the ICC. The subject matter is approached using the route the Prosecutor of the Court would generally employ to deal with situations. The publication offers a step-by-step procedure by which to conduct the preliminary examination and investigation of the situation in Palestine and deals with matters of jurisdiction, followed by a discussion of the fundamental concepts of complementarity and gravity to determine the admissibility before the ICC. Alleged crimes particularly unique to the Israeli-Palestinian conflict, such as the construction of settlements, forced displacement, house demolitions, the expropriation of land, the crime of apartheid and the blockade of Gaza, are dealt with in light of the Rome Statute and international law. On the basis of the established theories of transitional justice, the possible impacts of an ICC investigation and prosecution on the conflict are analysed and a number of insights are shared with regard to the impacts of the ICC on combatting impunity, fostering Palestine’s statehood, peace negotiations and the stability of the region. Due to the politicisation of the conflict and the various interests at stake, the impact of the ICC’s involvement on the credibility of the ICC itself is also reviewed. Recognizing the numerous impacts of the conflict on the existence of the two nations and the multitude of causes for its perpetuity, it does not limit itself to the ICC, but also provides other conflict resolution alternatives that could enable reconciliation and sustainable peace in the region. This book provides an array of opinions and a crucial input for researchers and practitioners alike, while it is also useful to those investigating and possibly involved in prosecutions regarding Palestine or other similar situations before the ICC. Seada Hussein Adem obtained a PhD from Humboldt University of Berlin, Germany, an LLM from the University of the Western Cape, South Africa, and an LLB from Haramaya University, Ethiopia./div

The Occupation of Justice

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Publisher : Oxford University Press, USA
ISBN 13 : 0190696028
Total Pages : 561 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Occupation of Justice by : David Kretzmer

Download or read book The Occupation of Justice written by David Kretzmer and published by Oxford University Press, USA. This book was released on 2021 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is an updated and expanded study of the manner in which the Supreme Court of Israel has related to petitions challenging actions of the Israeli authorities in the territories occupied by Israel during the 1967 War. The first edition of the study was published two decades ago by one of the present authors, David Kretzmer. The original work was completed just before the second intifida began in September 2000. It covered decisions of the Supreme Court both during the formative years of the Court's jurisprudence on the occupation, and during the first intifada that broke out in December 1987. As stated in the preface to the first edition, the beginning of the second intifada proved that the hopes that the historic Oslo Accords between Israel and the PLO (1993-1995) would lead to peace between Israel and the Palestinians and to the end of the occupation were premature. At the present time (2020) an end to direct Israeli control over the West Bank and restrictions on life in Gaza does not seem to be in sight. The so-called peace plan published by the Trump Administration in February 2020, as we were completing the manuscript, does not alter that picture, although it may contribute to changes in the regime in the West Bank. Much that has happened since the first edition was published has affected the type of cases that reach the Supreme Court, and consequently the topics covered in this study. After a wave of suicide bombings in Israel in 2001 and 2002 the IDF embarked on a military operation in the West Bank. This operation and subsequent hostilities between the IDF and armed Palestinian groups yielded a host of petitions relating to means and methods of warfare and to judicial review during active hostilities. In 2002 the Israeli government began the construction of a separation barrier in the West Bank, the declared purpose of which was to make it more difficult for potential Palestinian terrorists to enter Israel itself. The barrier's route not only spurred close to two hundred petitions to the Supreme Court; it was also the subject of an advisory opinion by the International Court of Justice. In August 2005 Israel withdrew its armed forces and civilian settlements from the Gaza Strip under the Disengagement Plan, and the government announced that Israel no longer had responsibility for Gaza. Controversy arose whether Gaza remained occupied territory. In 2006 the Hamas movement gained control over Gaza and the Government of Israel declared Gaza to be 'hostile territory.' The relations between Israel and Gaza have been tense ever since, with firing of rockets and bombs on Israeli towns and villages, severe restrictions on supply of goods to Gaza and movement of people between Gaza and the West Bank, and periods of active hostilities between Israel and Gaza. Since the first edition of this study was completed there has been a dramatic expansion in the number of Israeli settlements and settlers in the West Bank. This expansion has had various legal and practical consequences, including the emergence of two different legal regimes applicable to Israelis and to Palestinians resident in the West Bank"--

Courting Conflict

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Author :
Publisher : Univ of California Press
ISBN 13 : 0520937988
Total Pages : 337 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Courting Conflict by : Lisa Hajjar

Download or read book Courting Conflict written by Lisa Hajjar and published by Univ of California Press. This book was released on 2005-01-31 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.

Gaza

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Publisher : Univ of California Press
ISBN 13 : 0520318331
Total Pages : 438 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Gaza by : Norman Finkelstein

Download or read book Gaza written by Norman Finkelstein and published by Univ of California Press. This book was released on 2021-07-27 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Gaza Strip is among the most densely populated places in the world. More than two-thirds of its inhabitants are refugees, and more than half are under eighteen years of age. Since 2004, Israel has launched eight devastating "operations" against Gaza's largely defenseless population. Thousands have perished, and tens of thousands have been left homeless. In the meantime, Israel has subjected Gaza to a merciless illegal blockade. Norman G. Finkelstein presents a meticulously researched inquest into Gaza's martyrdom. He shows that although Israel justified its assaults in the name of self-defense, in fact these actions constituted flagrant violations of international law. He also documents that the guardians of international law -- from Amnesty International and Human Rights Watch to the UN Human Rights Council -- ultimately failed Gaza.

A Threshold Crossed

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Publisher :
ISBN 13 :
Total Pages : 217 pages
Book Rating : 4.:/5 (125 download)

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Book Synopsis A Threshold Crossed by : Omar Shakir

Download or read book A Threshold Crossed written by Omar Shakir and published by . This book was released on 2021 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Gaza in Crisis

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Publisher : Penguin UK
ISBN 13 : 0141399511
Total Pages : 290 pages
Book Rating : 4.1/5 (413 download)

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Book Synopsis Gaza in Crisis by : Noam Chomsky

Download or read book Gaza in Crisis written by Noam Chomsky and published by Penguin UK. This book was released on 2011 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Surveying the fallout of Israel's conduct in Operation Cast Lead, Noam Chomsky and Ilan Pappe place the massacre in Gaza in the context of Israel's long-standing war against the Palestinians."

The Trials of Richard Goldstone

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Publisher : Rutgers University Press
ISBN 13 : 0813599970
Total Pages : 399 pages
Book Rating : 4.8/5 (135 download)

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Book Synopsis The Trials of Richard Goldstone by : Daniel Terris

Download or read book The Trials of Richard Goldstone written by Daniel Terris and published by Rutgers University Press. This book was released on 2018-12-10 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2009, Richard Goldstone was a global hero, honored by the MacArthur Foundation for its prize in international justice. Four months later, he was called a “quisling” and compared to some of the worst traitors in human history. Why? Because this champion of human rights and international law chose to apply his commitments to fairness and truth to his own community. The Trials of Richard Goldstone tells the story of this extraordinary individual and the price he paid for his convictions. It describes how Goldstone, working as a judge in apartheid South Africa, helped to undermine this unjust system and later, at Nelson Mandela’s request, led a commission that investigated cases of racial violence and intimidation. It also considers the international renown he received as the chief United Nations prosecutor for war crimes committed in Rwanda and the former Yugoslavia, the first tribunals to try political and military leaders on charges of genocide. Finally, it explores how Goldstone became a controversial figure in the wake of the Jewish jurist’s powerful, but flawed, investigation of Israel for alleged war crimes in Gaza. Richard Goldstone’s dramatic life story reveals that even in a world rife with prejudice, nationalism, and contempt for human rights, one courageous man can advance the cause of justice.

Israel Yearbook on Human Rights, Volume 50 (2020)

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Publisher : BRILL
ISBN 13 : 9004440550
Total Pages : 455 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Israel Yearbook on Human Rights, Volume 50 (2020) by : Yoram Dinstein

Download or read book Israel Yearbook on Human Rights, Volume 50 (2020) written by Yoram Dinstein and published by BRILL. This book was released on 2020-09-25 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people.

The Wall and the Gate

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Publisher : Metropolitan Books
ISBN 13 : 1250122708
Total Pages : 528 pages
Book Rating : 4.2/5 (51 download)

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Book Synopsis The Wall and the Gate by : Michael Sfard

Download or read book The Wall and the Gate written by Michael Sfard and published by Metropolitan Books. This book was released on 2018-01-23 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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. [This book] 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. [The author] 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."--

Drinking the Sea at Gaza

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Author :
Publisher : Metropolitan Books
ISBN 13 : 1466884533
Total Pages : 404 pages
Book Rating : 4.4/5 (668 download)

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Book Synopsis Drinking the Sea at Gaza by : Amira Hass

Download or read book Drinking the Sea at Gaza written by Amira Hass and published by Metropolitan Books. This book was released on 2014-11-04 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1993, Amira Aass, a young Israeli reporter, drove to Gaza to cover a story - and stayed, the first journalist to live in the grim Palestinian enclave so feared and despised by most Israelis that, in the local idiom, "Go to Gaza" is another way to say "Go to hell." Now, in a work of calm power and painful clarity, Hass reflects on what she has seen in Gaza's gutted streets and destitute refugee camps. Drinking the Sea at Gaza maps the zones of ordinary Palestinian life. From her friends, Hass learns the secrets of slipping across sealed borders and stealing through night streets emptied by curfews. She shares Gaza's early euphoria over the peace process and its subsequent despair as hope gives way to unrelenting hardship. But even as Hass charts the griefs and humiliations of the Palestinians, she offers a remarkable portrait of a people not brutalized but eloquent, spiritually resilient, bleakly funny, and morally courageous. Full of testimonies and stories, facts and impressions, Drinking the Sea at Gaza makes an urgent claim on our humanity. Beautiful, haunting, and profound, it will stand with the great works of wartime reportage, from Michael Herr's Dispatches to Rian Malan's My Traitor's Heart.

Problematizing Law, Rights, and Childhood in Israel/Palestine

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Publisher : Cambridge University Press
ISBN 13 : 1009027417
Total Pages : 370 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Problematizing Law, Rights, and Childhood in Israel/Palestine by : Hedi Viterbo

Download or read book Problematizing Law, Rights, and Childhood in Israel/Palestine written by Hedi Viterbo and published by Cambridge University Press. This book was released on 2021-08-05 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Hedi Viterbo radically challenges our picture of law, human rights, and childhood, both in and beyond the Israel/Palestine context. He reveals how Israel, rather than disregarding international law and children's rights, has used them to hone and legitimize its violence against Palestinians. He exposes the human rights community's complicity in this situation, due to its problematic assumptions about childhood, its uncritical embrace of international law, and its recurring emulation of Israel's security discourse. He examines how, and to what effect, both the state and its critics manufacture, shape, and weaponize the categories 'child' and 'adult.' Bridging disciplinary divides, Viterbo analyzes hundreds of previously unexamined sources, many of which are not publicly available. Bold, sophisticated, and informative, Problematizing Law, Rights, and Childhood in Israel/Palestine provides unique insights into the ever-tightening relationship between law, children's rights, and state violence, at both the local and global levels.

Two Authorities, One Way, Zero Dissent

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Publisher :
ISBN 13 :
Total Pages : 149 pages
Book Rating : 4.:/5 (15 download)

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Book Synopsis Two Authorities, One Way, Zero Dissent by : Omar Shakir

Download or read book Two Authorities, One Way, Zero Dissent written by Omar Shakir and published by . This book was released on 2018 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This report evaluates patterns of arrest and detention conditions in the West Bank and Gaza Strip, 25 years after the Oslo Accords granted Palestinians a degree of self-rule over these areas and more than a decade after Hamas seized effective control over the Gaza Strip. Human Rights Watch detailed more than two dozen cases of people detained for no clear reason beyond writing a critical article or Facebook post or belonging to the wrong student group or political movement."--Publisher website.

The Punishment of Gaza

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Publisher : Verso Books
ISBN 13 : 1784780332
Total Pages : 174 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis The Punishment of Gaza by : Gideon Levy

Download or read book The Punishment of Gaza written by Gideon Levy and published by Verso Books. This book was released on 2014-08-11 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Israel's 2009 invasion of Gaza was an act of aggression that killed over a thousand Palestinians and devastated the infrastructure of an already impoverished enclave. The Punishment of Gaza shows how the ground was prepared for the assault and documents its continuing effects. From 2005-the year of Gaza's "liberation"-through to 2009, Levy tracks the development of Israel policy, which has abandoned the pretense of diplomacy in favor of raw military power, the ultimate aim of which is to deny Palestinians any chance of forming their own independent state. Punished by Israel and the Quartet of international powers for the democratic election of Hamas, Gaza has been transformed into the world's largest open-air prison. From Gazan families struggling to cope with the random violence of Israel's blockade and its "targeted" assassinations, to the machinations of legal experts and the continued connivance of the international community, every aspect of this ongoing tragedy is eloquently recorded and forensically analyzed. Levy's powerful journalism shows how the brutality at the heart of Israel's occupation of Palestine has found its most complete expression to date in the collective punishment of Gaza's residents.

International Law and the Arab-Israeli Conflict

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108486843
Total Pages : 465 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Law and the Arab-Israeli Conflict by : Robbie Sabel

Download or read book International Law and the Arab-Israeli Conflict written by Robbie Sabel and published by Cambridge University Press. This book was released on 2022-04-28 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insider's look at the role international law plays in Arab-Israeli negotiations in the Middle East.