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1. Israeli Law and the Rule of Colonial Difference

Author:
Rabea Eghbariah
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
Israeli law is an important medium that maintains, perfects, and facilitates the fragmentation of Palestinians. Israeli citizenship figures in this structure of fragmentation as an exceptionalizing legal status that blurs “colonial difference” between Palestinian citizens in Israel and Jewish Israelis. The May 2021 uprising and its aftermath not only highlighted the counter-fragmentary forces present among Palestinians across different legal statuses, it also brought into clearer view a rule of “colonial difference” that crisscrosses the Israeli legal system and pertains to all Palestinians under its control. This essay explores the concept of “colonial difference” as applied to Palestinians through the law, and how this rule has been employed in the context of the May 2021 uprising against Palestinian citizens in particular.
Topic:
Law, Citizenship, Colonialism, Settler Colonialism, Police, Unity, Uprising, and Fragmentation
Political Geography:
Middle East, Israel, and Palestine

2. Undocumented Children in Iran

Author:
Zahra Abtahi, Keyvan Zamani, and Miriam Potocky
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Children are among the most vulnerable groups to suffer the consequences of a lack of documentation. A lack of legal documentation identifying citizenship precludes children from rights and privileges accorded to their documented peers. While a lack of documentation is usuallythe result ofimmigrants or asylum seekers enteringanother country without legal documentation or not renewingtheir visas after entry, it may also occur when a female national of a country cannot pass her nationality to her child because she is married to a non-national without valid documentation. According to the United Nations High Commissioner for Refugees, as of March 2021, equality between men and women relating totheconferral of nationality upon children has not yet been attained in 25 countries worldwide, including Iran.1Thiscommentaryaims to provide brief explanationsof the legal procedures regarding nationality in Iran, the different undocumented groupsandthelegal advocacy to address the issue of lack of documentation, in light of new progress addressingthe inequality in conferring nationality between men and women.
Topic:
Law, Children, Stateless Population, and Undocumented Population
Political Geography:
Iran and Middle East

3. Comment on the Zhao Case: Can a ‘Victory for Human Rights’ in the Netherlands Benefit Children at Risk of Statelessness in the Middle East and North Africa?

Author:
Thomas McGee and Yoana Kuzmova
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Zhao establishes a significant precedent, but it remains to be seen how easily the outcome can be translated into victories elsewhere. In practical terms, the universal application of the decision may be hampered by the limitations of the legal and institutional landscape in the MENA.This issueneeds to be pushed to challenge violations of the same right:a nationality forall children,at birth,everywhere in the world.
Topic:
Human Rights, Law, Citizenship, and Stateless Population
Political Geography:
Africa, Middle East, and MENA

4. Racial Formations in Africa and the Middle East: A Transregional Approach

Author:
Hisham Aïdi, Marc Lynch, Zachariah Mampilly, Diana S. Kim, Parisa Vaziri, Denis Regnier, Sean Jacobs, Wendell Marsh, Stephen J. King, Eric Hahonou, Paul A. Silverstein, Afifa Ltifi, Zeyad el Nabolsy, Bayan Abubakr, Yasmin Moll, Zachary Mondesire, Abdourahmane Seck, Amelie Le Renard, Sumayya Kassamali, Noori Lori, Nathaniel Mathews, Sabria Al-Thawr, Gokh Amin Alshaif, Deniz Duruiz, Yasmeen Abu-Laban, Efrat Yerday, Noah Salomon, and Ann McDougall
Publication Date:
09-2021
Content Type:
Research Paper
Institution:
Project on Middle East Political Science (POMEPS)
Abstract:
In February 2020, the editors of this volume organized a POMEPS workshop that explored the origins of the disciplinary divide between the study of Africa and the Middle East, examining issues that span both regions (i.e., cross-border conflict, Islamist politics, social movements and national identity, and Gulf interventionism.) In February 2021, we convened another workshop, sponsored by POMEPS and the newly-founded Program on African Social Research (PASR, pronounced Pasiri) centered on racial formations and racialization across the two regions. Both workshops centered around the need for a genuinely transregional scholarship, one which rejects artificial divisions between ostensibly autonomous regions while also taking seriously the distinctive historical trajectories and local configurations of power which define national and subregional specificities. The workshop brought together nearly two dozen scholars from across multiple disciplines to explore the historical and contemporary politics of racial formation across Africa and the Middle East.
Topic:
Islam, Race, War, Immigration, Law, Slavery, Judaism, Colonialism, Borders, Identity, and Amazigh
Political Geography:
Africa, Sudan, Turkey, Middle East, Asia, South Africa, Yemen, Palestine, North Africa, Egypt, Madagascar, Tunisia, Oman, and Gulf Nations

5. Colonial Legacies in Syrian Nationality Law and the Risk of Statelessness

Author:
Malak Benslama-Dabdoub
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The millions of Syrians born or living in exile as a result of the ongoing conflict has dramatically increased the number of people from Syria with no nationality. In this regard, Syrian nationality law has been criticised for containing discriminatory provisions and failing to address the risk of statelessness. Nonetheless, the responsibility of colonialism in creating such discrimination has been largely overlooked. One decade after the outbreak of the Syrian civil war, this article looks back at the colonial roots of Syrian legislation governing nationality. Through a critical legal and historical analysis, it reveals the hidden colonial legacies of Syrian citizenship, by highlighting the responsibility of European colonial powers in introducing gender-based discrimination in domestic legislation, rendering Kurds and Palestinians stateless, and creating the practice of arbitrary denationalisation. This paper ends with a call for more research on colonial legacies within citizenship and statelessness studies.
Topic:
Law, Colonialism, Stateless Population, and Nationality
Political Geography:
Middle East and Syria

6. A Syrian Perspective on the Special Tribunal for Lebanon: What Lessons to Be Learnt?

Author:
Mansour Omari
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Along with the Lebanese, many Syrians were also closely watching the verdict of the Special Tribunal for Lebanon. This is due in part to suspicions that the Syrian regime may have been involved in Hariri’s assassination but also because of the growing interest of many Syrians in international options for justice for the grave violations committed in Syria since 2011. This paper examines the lessons that Syrians can learn from the STL’s experience in their goal to hold those responsible for war crimes and crimes against humanity accountable.
Topic:
Genocide, Law, Judiciary, Humanitarian Crisis, and Tribunal
Political Geography:
Middle East and Lebanon

7. Incorporation of Universal Human Rights’ Norms in Municipal Law: An Analytical Study of Saudi Arabia, Iran, and India

Author:
Moosa Akefi Ghaziani and Mohmmad Akefi Ghaziani
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
The incorporation of universal human rights’ norms in public municipal law has often been a challenge for both Islamic and secular states. Employing an analytical method this article explores the main legal challenges to the incorporation of universal human rights norms into municipal laws in three states--Saudi Arabia and Iran, the two Islamic states, and India, the secular state. It is argued that despite their differences in the larger legal framework they follow a peculiar dualistic system to incorporate the human rights norms, which results in its application challenges.
Topic:
Human Rights, Law, and Norms
Political Geography:
Iran, Middle East, and Saudi Arabia

8. IPCRI In Between Conference: Safety & Protection in Contested Spaces - Ms. Karolina v. Ede Tzenvirt

Author:
Karolina v. Ede Tzenvirt, Nimati Tahhan, Badi Hasisi, and Sammy Douglas
Publication Date:
02-2020
Content Type:
Video
Institution:
Israel/Palestine Creative Regional Initiatives (IPCRI)
Abstract:
Since 2017, the Davis Institute for International Relations from the Hebrew University and the Center for Regional Initiatives (IPCRI) have been engaged in a project aimed at building shared visions for Jerusalem. In this project, local residents from diverse communities from across Jerusalem engaged in mapping local needs and designing their visions for the future of the city. As complementary to this work, IPCRI organized in partnership with Konrad Adenauer Stiftung and the Irish Aid delegations of experts and civil society leaders from Jerusalem to other contested cities such as Belfast, Nicosia and Sarajevo. These delegations focused on the reality of cities in conflict and highlighted the lessons that can be learned from other conflicts. This conference presented the outcomes of both projects. In the first part of the conference, scholars presented policy recommendations designed by local residents and will receive input from experts from other contested cities. Following this part, we will host panels and workshops focusing on the practice of bringing change to contested spaces. From urban planning through shared education and equal representation, we aim to present a comprehensive vision towards the future of those cities in conflict. This presentation was a part of a panel focusing on "Building a Safe Space: Safety & Protection in Contested Spaces" with the participation of Ms. Karolina v. Ede Tzenvirt Building Visions for the Future of Jerusalem Ms. Nimati Tahhan The Glocal Program, The Hebrew University Prof. Badi Hasisi The Faculty of Law, The Hebrew University Mr. Sammy Douglas Former Member of the Legislative Assembly, N. Ireland
Topic:
Law, Conflict, Cities, and Society
Political Geography:
Middle East, Israel, and Palestine

9. The Israeli Elections Just Got Interesting: Netanyahu’s Indictment and the New Center Left Alliance

Author:
Josh Dean
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
A little over a month ago, I wrote of an atmosphere of resignation in Israel among Netanyahu’s political opponents leading up to the Israeli parliamentary elections on April 9th. The smattering of center-left parties seeking to rival Netanyahu’s Likud at the ballot box were divided across a range of tickets, unable to put their egos aside and form a joint bloc capable of presenting a veritable challenge to the incumbent prime minister. The long-reigning Israeli leader’s tenure looked, therefore, set to extend even further. The question was not who will be the next prime minister, but rather “Who will be the next Bibi [Netanyahu]?” as Israeli comedian Tom Aharon quipped. But a lot can change in a day of Israeli politics, never mind a month. As political alliances shift rapidly, the announcement of Netanyahu’s indictment on fraud and corruption charges has further destabilized the already-turbulent atmosphere leading up to the April elections.
Topic:
Corruption, Politics, Law, and Elections
Political Geography:
Middle East, Israel, and Palestine

10. Facing a President’s veto: a series on Congress’s options to limit arms sales and aid to Saudi Arabia, part 1

Author:
Jacques Singer-Emery
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the first of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. Congress is considering a range of options to express its displeasure with Riyadh after Saudi agents murdered prominent Saudi journalist and critic Jamal Khashoggi at the Saudi consulate in Istanbul in September 2018, and journalists and NGOs around the world continue to highlight human rights abuses perpetrated by Saudi-led coalition forces in Yemen. Of these options, the most notable is the Saudi Arabia Accountability and Yemen Act of 2019. Congress has already voted to condemn President Donald Trump’s unequivocal support for the Kingdom of Saudi Arabia: the Senate voted March 13th to end US support for the war in Yemen, echoing a measure that passed the House in mid-February. But, the Saudi Arabia Accountability and Yemen Act would go further still, sanctioning those in the Saudi government responsible for Khashoggi’s death and curtailing U.S. arms sales and military aid critical to the Saudi-led coalition’s war in Yemen. The White House vehemently opposes the bill. If it passes, President Trump is expected to veto it, just as he is expected to veto the Senate’s March and House’s February resolutions.
Topic:
Government, Law, Military Affairs, and Legislation
Political Geography:
Middle East, Yemen, North America, United States of America, and Gulf Nations

11. Representation of Women in the Judiciary in Turkey

Author:
Bertil Emrah Oder
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The recently announced Judicial Reform Strategy was subject to public debate with a series of promises ranging from issuing green passports to lawyers as a privileged of visa exemptions to the introduction of an appeal process in criminal cases concerning the freedom of expression.1 The fundamental shortcoming of this new strategy and other reform efforts is the lack of a specific agenda on the representation of women professionals in the judiciary, especially in the leading positions including the apex courts. Policies on women’s representation in the judiciary remained “invisible” in recent reform efforts on judicial policies.
Topic:
Gender Issues, Law, Women, Inequality, Courts, Criminal Justice, and Representation
Political Geography:
Turkey and Middle East

12. 5 Years Of The Law On Foreigners And International Protection: Problems Of Implementation And Suggested Solutions

Author:
Hakkı Onur Arıner
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Turkey’s Law on Foreigners and International Protection (LFIP) was adopted on 4 April 2013 by the Turkish Grand National Assembly. In the five years that has passed since the coming into force of the LFIP in its entirety, it appears that the LFIP has been made to adapt to the conditions of Turkey, rather than the other way around, due to the sheer unexpected size of the phenomenon of immigration into Turkey, and the challenges encountered in establishing the institutional capacity and the inter- institutional cooperation necessary to deal with the inflows as required by the Law.
Topic:
Government, Human Rights, Migration, Refugee Issues, and Law
Political Geography:
Turkey and Middle East

13. New Law Hinders Public Diplomacy and Penalizes Palestinian Students

Author:
Kaylee Steck and Mohammed Alhammami
Publication Date:
05-2019
Content Type:
Special Report
Institution:
Center for Contemporary Arab Studies (CCAS)
Abstract:
Last fall, Congress enacted a law that indirectly led to 29 young Arab leaders losing their scholarships to U.S.-accredited universities and dealt another blow to educational and cultural exchange programming, a critical part of U.S. public diplomacy efforts.
Topic:
Diplomacy, Government, Law, and Higher Education
Political Geography:
Middle East, Palestine, North America, and United States of America

14. One Step Forward, Two Steps Back: Legal Arguments on the Visa–Free Travel of Turkish Citizens to the EU

Author:
A. Aslı Bilgin and Pierluigi Simone
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Within the scope of the Readmission Agreement signed in 2013 between the European Union (EU) and Turkey, the EU will grant visa–free travel for Turkish citizens in exchange for Turkey readmitting the illegally resident of third- country nationals transited through the territory of Turkey to Europe. However, in accordance with the EU–Turkey Association Law and the case–law of the Court of Justice of the European Union (CJEU), visa-free travel could be valid for Turkish citizens who would conduct or plan to conduct economic activity in the EU since the entry into force of the Additional Protocol (AP) of 1970 and Association Council Decision (ACD) No.1/80. This paper examines whether visa–free travel for Turkish citizens is an already-acquired right stemming from the EU–Turkey Association Law or would be a favor given by the EU in exchange for signing the Readmission Agreement, via the interpretation of Article 41 (1) of the AP and Article 13 of ACD 1/80, in light of the case–law of the CJEU.
Topic:
Bilateral Relations, Law, European Union, and Citizenship
Political Geography:
Europe, Turkey, Middle East, and Mediterranean

15. What is Left from the Identity of the State of Israel Proclaimed in the Declaration of Independence?

Author:
Mordechai Schenhav
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The purpose of this article is twofold. First, to look at the Identity of Israel as both Jewish and democratic State in its Declaration of Independence and the status it acquired over the years within the Constitutional and law system. The second, to examine, through the evolution of the enounced principle of equality in the situation of economic, gender, reli- gious and national minorities, how it was implemented and what has changed after 70 years. From the outset, the Declaration was not given a constitutional status but later the Supreme Court gave it an interpretive quality. With the two Basic Laws on Human Rights, limited as they were, it gave the Supreme Court much more advantage to intervene and impose the Identity of the State as Jewish and democratic in its interpretations of laws in spite of strong criticism and even to influence and criticize the Knesset legislation. However, Israel is still not a true liberal Democracy since the rights within it are determined more according to the ethnic-national religious belonging of the person than according to its citizenship and the principle of equality is only partially adopted in practice with different degrees as regards the various minorities. In some aspects, it even moves away from the original intended Iden- tity of an exemplary liberal Democratic Nation State.
Topic:
Nationalism, Law, Legislation, State Building, Identity, and Equality
Political Geography:
Middle East and Israel

16. From coup to constitution: The impact of Turkey’s attempted coup on the constitutional referendum – a series on Turkish constitutionalism, part 2

Author:
Mason Hill
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the second in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. At Erdoğan’s election in 2002, he appeared to be the latest in a line of populists elected to office. Initially, his success seemed the result of an ability as an Islamist to appease the concerns of the secular establishment. This was bolstered by his stated commitment to Turkey’s accession to the European Union. While in the 1990s Islamist reformers failed to pass institutional reforms aimed at decreasing military control of Turkish politics, the military allowed Erdoğan the space to pursue institutional reform that would enhance Turkey’s chances of becoming a member of the European Union. This attempt by the Justice and Development Party (AKP) to reimagine Turkish democracy for the 21st century took the form of a general push for constitutional reform.
Topic:
Politics, Governance, Law, Elections, Constitution, Recep Tayyip Erdoğan, and Coup
Political Geography:
Turkey and Middle East

17. Remembering 1962: The Turkish constitutional referendum in context a series on Turkish constitutionalism, part 1

Author:
Mason Hill
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the first in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. Constitutions are nations’ mission statements, and articulate pre-political commitments that turn residents into citizens, and borders into a nation. In Turkey, generations of political leaders have used constitutional reform as an opportunity to set their political agenda and highlight their priorities. The 2017 referendum must be understood in the context of a democracy where voters have experienced successive constitutional reforms aimed at complementing the mission each new generation of leaders gives itself. A view of modern Turkish history reveals the tendency of leaders to use constitutional reform to address deficiencies in their respective administrations, and reflects the latent tension between populism, military intervention, and constitutional integrity.
Topic:
Politics, History, Law, Reform, and Constitution
Political Geography:
Europe, Turkey, and Middle East

18. After ISIL: Justice and Protection for Children in Iraq

Author:
John Millock
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
ISIL recruited children through a variety of means, including abducting children from orphanages and hospitals, or offering to pay parents hundreds of dollars a month in exchange for each child’s attendance at military training. Additionally, child soldiers were often taken from particular ethnic groups or religious communities, such as Yazidis and Christians, as a means to terrorize these groups. Since the territorial collapse of ISIL began in 2017, many of these child soldiers have defected; some fled ISIL territory and are living anonymously in Europe while others returned to their home countries. Debates about how national legal systems should handle these former child soldiers have arisen in all of these jurisdictions. In Iraq, which has dealt with a particularly large number of former ISIL child soldiers, there have been concerns about the national justice system’s capacity to adequately address the prosecution and rehabilitation of ISIL’s former child soldiers.
Topic:
United Nations, Law, Children, Violent Extremism, Islamic State, Transitional Justice, Conflict, and Criminal Justice
Political Geography:
Iraq and Middle East

19. Lebanon’s 2017 Parliamentary Election Law

Author:
International Foundation for Electoral Systems
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems
Abstract:
A new Lebanese government was established in December 2016 and enacted a new election law in 2017. The new law will be in force for parliamentary elections scheduled to be held on May 6, 2018, the first since June 2009. The law’s passage is a significant achievement when considering the fragmented, complex and shifting nature of Lebanon’s politics, which is dominated by two major political and electoral alliances and overlaid by regional rivalries. The new law, however, is not likely to change the political landscape or bring an end to confessionalism in politics, which remains the overall goal in the country’s Constitution. To help you understand this important electoral law, the International Foundation for Electoral Systems (IFES) provides a briefing paper on Lebanon’s 2017 Parliamentary Election Law. The paper provides an analysis of the new election law in comparison to the 2008 election law.
Topic:
Law, Elections, Democracy, and Political Parties
Political Geography:
Middle East and Lebanon