Israel as Innovator in the Attempted Mainstreaming of Extreme Violence

by Lisa Hajjar
published in MER279

The present era of counter-terrorism wars has severely damaged what, in hindsight, looked like a solid international consensus about which forms and levels of violence are “legal” in war and what “humanitarian” limits are imposed on such violence. The counter-terrorism paradigm of “with us or against us” in which the latter—and all that is proximate to it—is regarded as targetable upends the important distinction in international humanitarian law (IHL) between civilians and combatants and inflates the norm of proportionality to justify indiscriminate violence.

Operation Protective Edge

The War Crimes Case Against Israel’s Leaders

by Michael Thomas | published October 26, 2015

For 51 days in July and August 2014, Israel conducted a military operation in Gaza known as Protective Edge. It was the third major Gaza operation by the Israeli armed forces in seven years, and by far the most lethal and destructive. Some 2,205 Palestinians, including 722 militants and over 500 children, and 70 Israelis (64 of whom were soldiers) were killed. Thousands of Palestinians were wounded; over 18,000 of their homes were destroyed; some 470,000 were displaced; and large areas of Gaza were essentially razed.

Slahi, Guantanamo Diary

by Lisa Hajjar
published in MER275

Mohamedou Ould Slahi, Guantánamo Diary (New York: Little, Brown, 2015).

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Palestine and the ICC

by The Editors | published January 8, 2015 - 4:29pm

At the close of 2014, Mahmoud ‘Abbas, head of the Ramallah wing of the Palestinian Authority (PA), announced that he would sign the Rome Statute, the 2002 treaty establishing the International Criminal Court based in The Hague. This move opens the possibility that the Palestinians could ask the Court to investigate Israeli military operations and/or occupation practices as violations of international law. ‘Abbas accepted Court jurisdiction retroactive to June 13, 2014, when Israel began the raids that developed into Operation Protective Edge, the seven-week bombardment and invasion of Gaza. The meaning and efficacy of the PA’s maneuver are subjects of considerable debate.

The Long Shadow of the CIA at Guantanamo

by Lisa Hajjar
published in MER273

‘Abd al-Rahim al-Nashiri, a designated “high-value detainee” in US government parlance, is on trial in the Guantánamo Bay military commissions. The 49-year old Saudi Arabian is accused of directing the October 2000 al-Qaeda suicide boat bombing of the USS Cole off the coast of Aden, Yemen, which killed 17 sailors and injured 40 more, and a failed plan to bomb the USS Sullivans. Five other high-value detainees, including alleged “mastermind” Khalid Shaikh Mohammad, are being tried together for the terrorist attacks of September 11, 2001. All six could face the death penalty if convicted.

Preening Like a State

by Darryl Li | published April 3, 2014 - 2:21pm

On Tuesday, Mahmoud ‘Abbas surprised peace processers by making use of Palestine’s recently upgraded status as a UN-recognized “state” to sign 15 international agreements, mostly concerning human rights, humanitarian law and diplomatic protocol. The move was announced at a hastily convened meeting of the PLO executive committee, but appears to have been carefully crafted to support extending the US-sponsored negotiations that have dragged on haplessly over the past nine months.

"Journalists Are the Eyes of the World" on Guantanamo

by Sheila Carapico | published March 5, 2014 - 9:58am

Lisa Hajjar’s spring lecture tour, entitled “Let’s Go to Guantánamo! An On-the-Ground Perspective on the Military Commissions,” explores secret renditions, black sites, torture, suppression of evidence, clandestineness and what it means to provide “legal counsel” to detainees in the post-September 11 “war on terror” in the absence of procedural fairness or public scrutiny.

Books on Palestine and Human Rights

by Tim Coone
published in MER116

Raja Shehadeh and Jonathan Kuttab, The West Bank and the Rule of Law (Geneva: International Commission of Jurists, 1980).

David H. Ott, Palestine in Perspective: Politics, Human Rights and the West Bank (London: Quartet Books, 1980).

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The Greek-Turkish Population Exchange

Internationally Administered Ethnic Cleansing

by Sarah Shields
published in MER267

The photographs are compelling: Greek Orthodox Christians are gathered in small groups on the Aegean coast of what is now Turkey, wearing too much clothing for the hot day, whatever possessions they could carry sitting at their feet, their faces drawn with worry as they stare at the water, awaiting the ships that would take them to Greece. They were being expelled from Anatolia, where their ancestors had lived and died and worked and prayed for so many centuries that most claimed no other homeland. These Christians followed a patriarch who had resided in Constantinople/Istanbul since the year 330 and whose massive cathedral, Hagia Sophia, had already become a major tourism site.

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International Law and the Iran Impasse

by Aslı Bâli | published December 16, 2012

On any given day, provided her paper of choice still features international coverage, the average American newspaper reader can expect to be treated to one or two articles on attempts to halt advances in Iran’s nuclear program. These articles might cover efforts to levy fresh sanctions against the Islamic Republic; they might relay news of discussions among Iran’s primary interlocutors on the nuclear question, the five permanent members of the UN Security Council plus Germany (the so-called P5+1), about diplomatic overtures. Or the stories might echo the mounting calls for airstrikes or other military action to delay and disrupt the progress of Iranian nuclear research.