Jordan Manalastas LF14 | Problematics of a Passport

Law Fellow '14 Jordan Manalastas published an article in the Cornell International Law Journal Online, titled "Problematics of a Passport."

Here's an excerpt:

"Unilateral recognition by the United States of an Israeli Jerusalem is hardly a sign of a credible mediator, let alone of a nation that views annexation as illegitimate. It is precisely when these sorts of stakes are involved that our historic commitment to separation of powers seems less like simple formalism, and a bit more worth defending.”

Alice McBurney LF14 | The New Wave of Israel’s Discriminatory Laws

Alice McBurney, an alumna of the 2014 Law Fellowship, published a paper through Mosssawa Center titled "The New Wave of Israel’s Discriminatory Laws."

Here's an excerpt:

"Since Israel’s 2009 national election, which brought into power one of the most extreme right‐wing government coalitions in Israel’s history, discriminatory legislation and policies targeting Palestinian Arab citizens has dramatically intensified. This government proposed 35 discriminatory bills, the highest number of any Israeli government. This trend of passing discriminatory legislation continued after the 2013 national elections. The report documents the central developments of Israel’s discriminatory laws and their impact on Palestinian Arab citizens by placing them within a wider historical context of Israel’s discriminatory legal mechanisms. Central to this discrimination is the way in which the Israeli government routinely privileges the Jewish over the democratic character of the state, resulting in the development of a two‐tiered system of rights and entitlements under Israeli law; one for Jews and one for Palestinian Arabs. It has resulted in the subjugation of Palestinian Arab citizens as unequal and second‐class citizens. The report examines this two‐tiered phenomenon by exploring Israel's constitutional and citizenship law, land and planning regime, and system of political and socioeconomic rights."

Anjali Manivannan LF13 | Palestinian Refugee Children and Armed Conflict

This paper, titled "The Forgotten Children of Syria: Palestinian Refugee Children and Armed Conflict," explores the situation of Palestinian refugee children from Syria (“PRS”) who have been forced to seek sanctuary elsewhere in Syria or in neighboring states since hostilities began in 2011. It overviews life for PRS prior to the armed conflict, how the hostilities have impacted and displaced PRS, with particular focus on those displaced to Lebanon and Jordan, rights violations against PRS children in Syria and in their countries of refuge, particularly restrictions on access to education; and the potential long-term consequences of these violations, given the role of education in preserving Palestinian identity despite generations of displacement.

Noura Erekat et. al. LF14 | Operation Protective Edge & Legal Remedies

Law Fellowship alumni of 2014 Noura Erekat, Bianca Isaias, and Salmah Rizvi, published a working paper through the Issam Fares Institute for Public Policy and International Affairs at the American University of Beirut, titled "Protective Edge & Legal Remedies."

Here's an except:

"Indeed, through a combination of legal acrobatics, outright political pressure, and boycott of legal bodies, Israel has created a legal black hole over its treatment of Palestinians and, more broadly, the question of Palestine. While legal remedies are not a panacea for the Palestinian condition, they can be a useful tactic in a broader strategy aimed at achieving national liberation. Human rights advocates and civil society organizations have attempted to use domestic and international legal venues to hold Israel accountable for its humanitarian and human rights violations. However, political intervention has stymied these efforts and diminished the efficacy of legal advocacy. This briefing paper provides a non-exhaustive survey of the legal fora in which Palestinians have sought, or can seek, legal redress. These include international courts, in particular the International Court of Justice, the International Criminal Court, and special tribunals; national courts under universal jurisdiction as well as the Alien Tort Statute in US federal courts; and human rights bodies and mechanisms like the Human Rights Council, and human rights treaty bodies. The research will show that power and politics have impeded Palestinians’ access to successful judicial redress. While there may still be value to pursuing these claims within legal fora, they must be complemented by effective extra-legal strategies aimed at cultivating political will among states as well as grassroots non-state actors."

Jordan Manalastas LF14 | The Revolution Will Not Be Legitimized

Law Fellow '14 Jordan Manalastas published an article in the Cornell International Law Journal Online, titled "The Revolution Will Not be Legitimized: Armed Resistance in Occupied Palestine."

Here’s an excerpt:

"But so long as the State of Israel insists upon ruling the unwilling, the old quarrel seems unlikely to be quelled. The First Additional Protocol, and the norms of self-determination and resistance it seeks to legitimize, provide a tenable chart by which to navigate this post imperial mess. The liberation armies of Palestine have languished long on the criminal fringe of the international order, and have behaved accordingly. It may serve humanitarian interests to engage them as international actors, and to demand of them compliance with the attendant laws of war. At the same time, the recognition of resistance would confirm to the world that the status quo is neither tolerable nor lawful—in other words, that self determination is not exclusive. The Israeli Palestinian narrative is one long history of denial: of the Palestinians’ suffering, of their agency, of their existence as a people. To deny the odiousness of occupation is to insult an injury decades in the making."

Tochi Onyebuchi LF13 | The Palestine Papers

A series of essays written over a summer in the West Bank:

"The next morning, waiting for the bus with my co-worker, a large Modernist sculpture behind us, teenaged soldiers with their rifles slapping their thighs drinking coffee around us, I’d glance at my friend, this young Palestinian metalhead, earrings with skulls painted on them, black hair shot through with auburn, having discovered that she was born in her home while her mother watched live coverage of Tiananmen Square. Staying here for 10 weeks, doing the work I’ve been privileged to do, salted my views of this place with a fatalistic pessimism that didn’t see a happy ending anywhere for Palestinians. It was easy for me to believe because it seemed the most likely outcome. A grain of pride sat beneath that ability to distance myself from the parts of this place I’d come to care about it. I could imagine it burning to the ground, so I wouldn’t be completely destroyed when it did. But seeing her now, this girl, it became suddenly difficult to believe such a thing as a happy ending would never be afforded her. The general rendered specific. I want, all of a sudden, to see things turn out all right. For her. For this place. For our colleague whose hearing was once again postponed. For the kid on trial for throwing stones. For the grocer who taught me how to say colors in Arabic by pointing to different packs of Gauloises cigarettes and from whom I buy my twice-weekly stock of Pringles. For the prisoners who are slated to be released in this preamble to peace talks and for those among them who may be rearrested."