Explores the use of armed force in occupied territory under different international law branches.

In July 1919, an explosive race riot forever changed Chicago. For years, black southerners had been leaving the South as part of the Great Migration. Their arrival in Chicago drew the ire and scorn of many local whites, including members of the city's political leadership and police department, who generally sympathized with white Chicagoans and viewed black migrants as a problem population. During Chicago's Red Summer riot, patterns of extraordinary brutality, negligence, and discriminatory policing emerged to shocking effect. Those patterns shifted in subsequent decades, but the overall realities of a racially discriminatory police system persisted. In this history of Chicago from 1919 to the rise and fall of Black Power in the 1960s and 1970s, Simon Balto narrates the evolution of racially repressive policing in black neighborhoods as well as how black citizen-activists challenged that repression. Balto demonstrates that punitive practices by and inadequate protection from the police were central to black Chicagoans' lives long before the late-century "wars" on crime and drugs. By exploring the deeper origins of this toxic system, Balto reveals how modern mass incarceration, built upon racialized police practices, emerged as a fully formed machine of profoundly antiblack subjugation.

"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"--

In a move that would forever alter the map of the Middle East, Israel captured the West Bank, Golan Heights, Gaza Strip and Sinai Peninsula in 1967's brief but pivotal Six Day War. CURSED VICTORY is the first complete history of the war's troubled aftermath - a military occupation of the Palestinian territories that is now well into its fifth decade. Drawing on unprecedented access high-level sources, top-secret memos and never-before-published letters, the book provides a gripping and unvarnished chronicle of how what Israel promised would be an 'enlightened occupation' quickly turned sour, and the anguished diplomatic attempts to bring it to an end. Bregman sheds fresh light on critical moments in the peace process, taking us behind the scenes as decisions about the fate of the territories were made, and more often, as crucial opportunities to resolve the conflict were missed. As the narrative moves from Jerusalem to New York, Oslo to Beirut, and from the late 1960s to the present day, CURSED VICTORY provides vivid portraits of the key players in this unfolding drama, including Moshe Dayan, King Hussein of Jordan, Bill Clinton and Yasser Arafat. Yet Bregman always reminds us how diplomatic and back-room negotiations affected the daily lives of millions of Arabs, and how the Palestinian resistance, especially during the first and second intifadas, in turn shaped political developments. As Bregman concludes, the occupation has become a dark stain on Israel's history, and an era when international opinion of the country shifted decisively. CURSED VICTORY is essential reading for anyone who wants to understand the origins of the ongoing conflict in the region.

Lords of the Land tells the tragic story of Jewish settlement in the West Bank and Gaza Strip. In the aftermath of the 1967 war and Israel's devastating victory over its Arab neighbors, catastrophe struck both the soul and psyche of the state of Israel. Based on years of research, and written by one of Israel's leading historians and journalists, this involving narrative focuses on the settlers themselves -- often fueled by messianic zeal but also inspired by the original Zionist settlers -- and shows the role the state of Israel has played in nurturing them through massive economic aid and legal sanctions. The occupation, the authors argue, has transformed the very foundations of Israel's society, economy, army, history, language, moral profile, and international standing. "The vast majority of the 6.5 million Israelis who live in their country do not know any other reality," the authors write. "The vast majority of the 3.5 million Palestinians who live in the regions of their occupied land do not know any other reality. The prolonged military occupation and the Jewish settlements that are perpetuating it have toppled Israeli governments and have brought Israel's democracy and its political culture to the brink of an abyss."

Hundreds of Israeli soldiers speak out about the Palestinian occupation, revealing that their presence is not merely for defense, but also to accelerate the acquisition of Palestinian land and work against an independent Palestinian nation.

This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU’s approach to occupied territories and the extent to which this approach comports with the EU’s obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.

Shortlisted for the Palestine Book Awards 2017 A powerful, groundbreaking history of the Occupied Territories from one of Israel's most influential historians From the author of the bestselling study of the 1948 War of Independence comes an incisive look at the Occupied Territories, picking up the story where The Ethnic Cleansing of Palestine left off. In this comprehensive exploration of one of the world’s most prolonged and tragic conflicts, Pappe uses recently declassified archival material to analyse the motivations and strategies of the generals and politicians – and the decision-making process itself – that laid the foundation of the occupation. From a survey of the legal and bureaucratic infrastructures that were put in place to control the population of over one million Palestinians, to the security mechanisms that vigorously enforced that control, Pappe paints a picture of what is to all intents and purposes the world’s largest ‘open prison’.

This book analyses the present European Union (EU) approach to state-building, both in policy and operation. It offers a review of the literature on peace-building, EU state-building and conflict resolution, before examining in detail the EU’s role as a state-builder in the case of the Occupied Palestinian Territories following the 1993 Oslo Accords. Drawing on extensive fieldwork and over 140 interviews carried out in Brussels, London, Jerusalem and Ramallah with EU, Palestinian and Israeli officials as well as academics, members of NGOs and civil society, the author evaluates the present approach of state-building and offers a framework to test the effectiveness of the EU as a state-builder. Examining security sector reform, judiciary sector reform and the rule of law, the book brings the ‘voices from the field’ to the forefront and measures the contribution of the EU to state-building against a backdrop of on-going conflict and a polarised social setting. This book will be of interest to students and scholars of international relations, EU politics, Middle Eastern politics, conflict resolution and state-building.

Since the start of the occupation of Palestinian territories in 1967, Israel's domination of the Palestinians has deprived an entire population of any political status or protection. But even decades on, most people speak of this rule—both in everyday political discussion and in legal and academic debates—as temporary, as a state of affairs incidental and external to the Israeli regime. In The One-State Condition, Ariella Azoulay and Adi Ophir directly challenge this belief. Looking closely at the history and contemporary formation of the ruling apparatus—the technologies and operations of the Israeli army, the General Security Services, and the legal system imposed in the Occupied Territories—Azoulay and Ophir outline the one-state condition of Israel/Palestine: the grounding principle of Israeli governance is the perpetuation of differential rule over populations of differing status. Israeli citizenship is shaped through the active denial of Palestinian citizenship and civil rights. Though many Israelis, on both political right and left, agree that the occupation constitutes a problem for Israeli democracy, few ultimately admit that Israel is no democracy or question the very structure of the Israeli regime itself. Too frequently ignored are the lasting effects of the deceptive denial of the events of 1948 and 1967, and the ways in which the resulting occupation has reinforced the sweeping militarization and recent racialization of Israeli society. Azoulay and Ophir show that acknowledgment of the one-state condition is not only a prerequisite for considering a one- or two-state solution; it is a prerequisite for advancing new ideas to move beyond the trap of this false dilemma.