The Nakba Files

The Nakba, the Law, and What Lies In Between

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Symposium: Future Directions in the Study of Law and Colonialism in Palestine

Conclusion to symposium on The Dynamics of Exclusionary Constitutionalism: Israel as a Jewish and Democratic State (Hart Press), a forthcoming book by Mazen Masri.

Symposium: The Colonial History of Social Contracts

K-Sue Park: When Israeli jurists speak of their country’s “social contract,” they are tapping into a history that goes back further than thinkers like Locke and Hobbes and is instead grounded in agreements concluded by English settlers in North America.

Symposium: Why “Jewish and Democratic” Values Negate Palestinian Equal Rights

Hassan Jabareen: Israel’s Supreme Court treats the country’s Declaration of Independence as legally binding when used to bolster Jewish rights at the expense of Palestinians but dismisses it as rhetoric when Palestinians invoke its language on equality.

Symposium: Israel’s Colonial Declaration of Independence

The Nakba Files is proud to present an online symposium on The Dynamics of Exclusionary Constitutionalism: Israel as a Jewish and Democratic State (Hart Press), a forthcoming book by Mazen Masri.

The Jewish National Fund as a Colonial Entity

A brief explainer on the Jewish National Fund and how Israel uses it to legalize the colonization of Palestinian land.

A Brief History of Banning Arabs from Palestine

Lauren Banko: The systematic exclusion of Arab migration from Israel/Palestine did not begin with the 1948 Nakba. Instead, it is rooted in specific understandings of race and nationality enshrined in the international legal agreements that laid the framework for the colonial state of the British Mandate of Palestine, the state inherited by the Zionist movement.

Can a Citizenship Law Address Palestinian Statelessness?

In 2011, the Palestine Liberation Organization (PLO) circulated a draft Palestinian Nationality Law as part of its efforts to achieve international recognition of Palestine’s status as a state. The Nakba Files spoke to Dr. Mutaz Qafisheh, the dean of Hebron University’s College of Law & Political Science and a principal drafter of the bill. Qafisheh is the author of a study on the international law foundations of Palestinian citizenship.

Who Has the “Right” to Steal Palestinian Land?

Suhad Bishara: Israeli authorities continue to deliberate over the fate of some 40 Israeli Jewish families living in the Amona settlement outpost in the West Bank, which is located on private Palestinian property. One “solution” under consideration is to relocate the settlers to adjacent plots of land that the state considers to be “absentees’ property.” Under the proposed arrangement, the state would “rent” out the land to the settlers on behalf of its unknown Palestinian owners using renewable three-year contracts. In other words, under Israeli law the state can remedy the theft of Palestinian land by compensating the thieves with other stolen Palestinian lands instead.

Israel Pushing Palestinian Workers Out of Court, No Labor Rights for Workers

A new regulation effectively shuts West Bank Palestinians out of Israeli labor courts. It also reveals how Israel uses laws and regulations to seize Palestinian land while denying Palestinians rights.

The Nakba and the Farm

Nasser Rego: Palestinians are breaking the mold in their engagement with the Nakba in so many diverse and beautiful ways. In doing so, they reinscribe themselves in the very soil from which they have been forcibly separated for generations. In these acts, they are actively remembering. In these performances, they are not only surviving, but thriving, creating trajectories of possibility for independence and self-sustainability. Palestinians are exercising their right of return without seeking permission to do so. Palestinians are returning to destroyed villages as in Iqrit and elsewhere, organizing summer camps there, and ‘settling’ the West Bank as they did when they set up the Bab al-Shams encampment in 2013. And they are working the land.

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