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Abstract
This essay examines JPS’s fifty-year archive of law-related content from the prism of its contribution to the author’s own thinking (and writing) about the relationship between law and politics in the context of the Palestinian question. Noura Erakat identifies as a “greatest hit” Hanna Dib Nakkara’s “Israeli Land Seizure under Various Defense and Emergency Regulations” (1985) for its meticulous documentation of the Israeli legal regime established to confiscate Palestinian lands. Erakat’s “hidden gem” is “Juridical Characteristics of Palestinian Resistance: An Appraisal in Law,” coauthored by W. T. Jr. and S. V. Mallison. Published in 1973, the article argues for the treatment of captured fedayeen as prisoners of war four years prior to the amendment of the Geneva Convention recognizing national liberation struggles as international conflicts.
Notes
1 Arthur James Balfour, “Balfour Declaration 1917,” 2 November 1917, The Avalon Project: Documents in Law, History and Diplomacy, Lillian Goldman Law Library, Yale Law School, http://avalon.law.yale.edu/20th_century/balfour.asp.
2 UN Security Council, Resolution 242, S/RES/242 (22 November 1967), https://unispal.un.org/DPA/DPR/unispal.nsf/0/7D35E1F729DF491C85256EE700686136.
3 Golda Meir, interview with Frank Giles, Sunday Times London, 15 June 1969; reprised as “Golda Meir Scorns Soviets: Israeli Premier Explains Stand on Big-4 Talks, Security,” Washington Post, 16 June 1969, p. A15.
4 Sabri Jiryis, “Domination by Law,” JPS 11, no. 1 (Autumn 1981): p. 92, https://doi.org/10.2307/2536047.
5 Noura Erakat, Justice for Some: Law and the Question of Palestine (Stanford, CA: Stanford University Press, 2019).
6 Erakat, Justice for Some, p. 4.
7 For more information on al-thawra, see the learning and teaching tool, authored by Karma Nabulsi and Abdel Razzaq Takriti, “The Palestinian Revolution,” 2016, http://learnpalestine.politics.ox.ac.uk.
8 Erakat, Justice for Some, pp. 107–12.
9 Matthew Hughes, “From Law and Order to Pacification: Britain’s Suppression of the Arab Revolt in Palestine, 1936–39,” JPS 39, no. 2 (Winter 2010): pp. 6–22, https://doi.org/10.1525/jps.2010.XXXIX.2.17.
10 Michael Lynk, “Conceived in Law: The Legal Foundations of Resolution 242,” JPS 37, no. 1 (Autumn 2007): pp. 7–23, https://doi.org/10.1525/jps.2007.37.1.7.
11 Lynk, “Conceived in Law,” p. 9.
12 Noura Erakat, “Taking the Land without the People: The 1967 Story as Told by the Law,” JPS 47, no. 1 (Autumn 2017): pp. 18–38, https://doi.org/10.1525/jps.2017.47.1.18.
13 Richard Falk, “Forty Years after 242: A ‘Canonical’ Text in Disrepute?” JPS 37, no. 1 (Autumn 2007): p. 47, https://doi.org/10.1525/jps.2007.37.1.39.
14 Jamil Dakwar, “People without Borders for Borders without People: Land, Demography, and Peacemaking under Security Council Resolution 242,” JPS 37, no. 1 (Autumn 2007): p. 72, https://doi.org/10.1525/jps.2007.37.1.62.
15 Titled “Peace to Prosperity: A Vision to Improve the Lives of the Palestinian and Israeli People,” the purported peace plan was released in two phases: an economic tranche, unveiled by the U.S. president’s son-in-law, Jared Kushner, in July 2019, and the political “vision” announced in January 2020 by the president himself, with Israeli prime minister Benjamin Netanyahu standing at his side.
16 Alfred T. Moleah, “Violations of Palestinian Human Rights: South African Parallels,” JPS 10, no. 2 (Winter 1981): pp. 14–36, https://doi.org/10.2307/2536175.
17 Mark Marshall, “Rethinking the Palestine Question: The Apartheid Paradigm,” JPS 25, no. 1 (Autumn 1995): pp. 15–22, https://doi.org/10.2307/2538101.
18 Hanna Dib Nakkara, “Israeli Land Seizure under Various Defense and Emergency Regulations,” JPS 14, no. 2 (Winter 1985): pp. 13–34, https://doi.org/10.2307/2537159.
19 Nakkara, “Israeli Land Seizure,” p. 22.
20 Nakkara, “Israeli Land Seizure,” p. 21.
21 Nakkara, “Israeli Land Seizure,” p. 24.
22 W. T. Mallison Jr. and S. V. Mallison, “The Juridical Characteristics of the Palestinian Resistance: An Appraisal in International Law,” JPS 2, no. 2 (Winter 1973): pp. 64–78, https://doi.org/10.2307/2535481.
23 “Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I),” 8 June 1977, International Humanitarian Law Database, International Committee of the Red Cross, https://ihl-databases.icrc.org/ihl/INTRO/470.
24 Mallison and Mallison, “Juridical Characteristics,” p. 70.
Additional information
Notes on contributors
Noura Erakat
Noura Erakat is an assistant professor in the Africana studies department and the Program in Criminal Justice at Rutgers University—New Brunswick. She is the author of Justice for Some: Law and the Question of Palestine (Stanford, CA: Stanford University Press, 2019), which won the 2019 Palestine Book Awards Academic Award and the 2020 Independent Publisher Book Award’s bronze medal in the current events/foreign affairs category.