Support for Wall Mocks International law

by Richard Falk | published July 20, 2004

What is most remarkable about the International Court of Justice decision on Israel’s “security barrier” in the West Bank is the strength of the consensus behind it. By a vote of 14-1, the 15 distinguished jurists who make up the highest judicial body on the planet found that the barrier is illegal under international law and that Israel must dismantle it, as well as compensate Palestinians for damage to their property resulting from the barrier’s construction.

The International Court of Justice has very rarely reached this degree of unanimity in big cases. The July 9 decision was even supported by the generally conservative British judge Rosalyn Higgins, whose intellectual force is widely admired in the United States.

Israeli Settlements Illegal and Getting Worse

by Stephanie Koury | published September 24, 2005

On his way to the UN summit in New York, Israeli prime minister Ariel Sharon said to reporters, “Building is continuing there [West Bank settlements]; we will build as much as we need.” Defense Minister Shaul Mofaz proclaimed the day before, “We have to make every effort to direct resources to the development of the settlement blocs.” While the media portrays dismantling Gaza settlements as an Israeli concession to the Palestinians, scant attention has been focused on the real problem—that the whole settlement enterprise pursued by successive Israeli governments since 1967 is illegal. Israeli withdrawal of settlements from Gaza is partial compliance with international law, not a concession.

Interventions

Interventions is a feature in Middle East Report Online offering critical reviews of important Middle East-related books, films and other cultural production. Click here for past Interventions articles.

Rachel Corrie in Palestine…and in San Francisco

by Joel Beinin | published August 2009

The San Francisco Jewish Film Festival, the oldest such festival in the United States, was founded in rebellion against received wisdom. Since 1980, the festival has promoted independent Jewish films that contest the conventional Hollywood depiction of Jewish life, particularly its lachrymose over-concentration on Jewish victimhood, and regularly presented “alternatives to the often uncritical view of life and politics in Israel available in the established American Jewish community.” The festival’s audience, mostly Jewish, has reacted positively to this policy, even in 2005, when the organizers decided to show Palestinian filmmaker Hany Abu-Assad’s Paradise Now, the theme of which is suicide bombing.

Wanted: Omar al-Bashir -- and Peace in Sudan

by Khalid Mustafa Medani | published March 5, 2009

For the first time, the international community has indicted a sitting president of a sovereign state. Omar al-Bashir of Sudan stands accused by the International Criminal Court (ICC) in The Hague of “crimes against humanity and war crimes” committed in the course of the Khartoum regime’s brutal suppression of the revolt in the country’s far western province of Darfur. Having indicted two other figures associated with the regime in 2007, ICC prosecutor Luis Moreno Ocampo began building a case against the man at the top, and on March 4, the court issued a warrant for Bashir’s arrest.

Grave Injustice

Maher Arar and Unaccountable America

by Lisa Hajjar | published June 24, 2010

On June 14, the Supreme Court buried the prospect of justice for Maher Arar, a Canadian citizen of Syrian origin who was “extraordinarily rendered” by the United States (via Jordan) to Syria in 2002. Arar was suing the US officials who authorized his secret transfer, without charge, to a country infamous for torture. With the justices’ 22-word statement, the case of Arar v. Ashcroft exited the American legal system and entered the annals of American legal history under the category “grave injustice.” Alphabetically, Arar precedes Dred Scott v. Sanford, which upheld slavery, and Korematsu v. United States, which upheld the internment of Japanese Americans. In this case, however, the grave is literal: Arar spent ten months of his year in Syrian custody confined in what he describes as “an underground grave.”

Grave Breaches

A View from Jenin and Nablus

by Kathleen Cavanaugh , Jamil Dakwar
published in MER223

There are several things that strike you when first entering Jenin refugee camp: images of the Star of David spray-painted on the walls, the exposed fronts of houses which had been bulldozed, half-set tables, children’s toys scattered and then, as you approach Hawashin, a strong sweet odor. The Hawashin area of the camp, some 400 by 500 square meters in size, and comprised of about 140 homes and several hundred families, has been erased. An elderly man stands near the remains of a house at the area’s western edge; his daughter’s body lies underneath.

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Will Iraqis Find Justice in War Crimes Tribunals?

by Hassan Fattah
published in MER229

Muhan Jabr al-Shuwaili no doubt knew the risks he faced when he ventured out of his house in Najaf on November 3, 2003. But the head judge of the Najaf governorate, member of a commission collecting evidence against former Iraqi officials possibly complicit in crimes against humanity, quickly discovered just how dangerous his job had become. That morning, Shuwaili and a prominent Najaf prosecutor, Arif Aziz, were kidnapped by unknown parties who told them that “Saddam has ordered your prosecution.” The two men were driven out into the desert.

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Does International Justice Have a Local Address?

Lessons from the Belgian Experiment

by Laurie King-Irani
published in MER229

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