Seven Perspectives on International Law and Palestinian Liberation by Rabea Eghbariah, Noura Erakat, Alaa Hajyahia, Darryl Li, Aslı Ü. Bâli, Diala Shamas, Maha Abdallah, Shahd Hammouri

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.


  1. In Culture and Imperialism, Edward Said posited that the remedy to a culture that preserves and advances imperialism is through the contrapuntal contributions of the “imperialized” — post-colonial or still-colonized people — who “bear their past within them—as scars of humiliating wounds, as instigation for different practices, as potentially revised visions of the past tending toward a new future, as urgently reinterpretable and redeployable experiences…[speaking and acting] on territory taken back from the empire.” Just so with international law, riddled with double-standards favoring the powerful, whose Western liberal roots accommodate ongoing colonialism and its legacies: as the international legal order crumbles under the weight of its inability to respond to brutal genocide and war, we must look to the ideas, narratives, and visions of those most crushed by its contradictions to chart a different path forward.
  2. To help us in this endeavor, we asked eight international legal scholars, human rights attorneys, and experts on Palestine to share their reflections on the role of international law in the struggle for Palestinian liberation. How does international law currently hinder this cause? And how might it be used — or how must it transform — to contribute to it?

Continue reading at https://lpeproject.org/blog/seven-perspectives-on-international-law-and-palestinian-liberation/

Toward Nakba as a Legal Concept by Rabea Eghbariah

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

  1. The law does not possess the language that we desperately need to accurately capture the totality of the Palestinian condition. From occupation to apartheid and genocide, the most commonly applied legal concepts rely on abstraction and analogy to reveal particular facets of subordination. This Article introduces Nakba as a legal concept to resolve this tension. Meaning “Catastrophe” in Arabic, the term “al-Nakba” (ةᚁالنك (is often used to refer to the ruinous process of establishing the State of Israel in Palestine. But the Nakba has undergone a metamorphosis; it has evolved from a historical calamity into a brutally sophisticated structure of oppression. This ongoing Nakba includes episodes of genocide and variants of apartheid but remains rooted in a historically and analytically distinct foundation, structure, and purpose.
  2. This Article therefore proposes to distinguish apartheid, genocide, and Nakba as different, yet overlapping, modalities of crimes against humanity. It first identifies Zionism as Nakba’s ideological counterpart and insists on understanding these concepts as mutually constitutive. Considering the limits of existing legal frameworks, this Article goes on to analyze the legal anatomy of the ongoing Nakba. It positions displacement as the Nakba’s foundational violence, fragmentation as its structure, and the denial of self-determination as its purpose. Taken together, these elements give substance to a concept in the making that may prove useful in other contexts as well.

Continue reading at https://static.al2.in/toward-nakba-as-a-legal-concept.pdf

The Harvard Law Review Refused to Run This Piece About Genocide in Gaza by Rabea Eghbariah

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

Genocide is a crime. It is a legal framework. It is unfolding in Gaza. And yet, the inertia of legal academia, especially in the United States, has been chilling. Clearly, it is much easier to dissect the case law rather than navigate the reality of death. It is much easier to consider genocide in the past tense rather than contend with it in the present. Legal scholars tend to sharpen their pens after the smell of death has dissipated and moral clarity is no longer urgent.

Continue reading at https://www.thenation.com/article/archive/harvard-law-review-gaza-israel-genocide/