Reports

amicus-curiae-to-the-icc-the-situation

Amicus curiae to the ICC : the situation in the State of Palestine (2020)

We submit, in support of the Prosecutor’s conclusion, that the Declaration of Principles in 1993, the Interim Agreement of 1995, and the subsequent agreements between the Palestinian Liberation Organization (PLO) and Israel (hereinafter referred to as the Oslo Accords) do not bar the exercise of the Court’s jurisdiction, especially in Area C. Specifically, we address the following three points Continue reading Amicus curiae to the ICC : the situation in the State of Palestine (2020)

Teaching constitutional law under an authoritarian regime : the case of Palestine (2020)

Challenges of considerable scope confront the Arab World and, in recent years, authoritarian governance has expanded across several Arab states during a period when the law should have strengthened and contributed to the furtherance of human progress. In responding to popular unrest and instability, Arab regimes have sought to reassert control by developing and applying strategies that contain and manage demands for democratization. Continue reading Teaching constitutional law under an authoritarian regime : the case of Palestine (2020)

Legal Education in Palestine: What Place for History, Philosophy and Linguistics? (2019)

This paper tentatively asserts that legal studies in Palestine should be considered as a distinct field of knowledge rather as a profession, in which localized legal education helps maintaining the existing legal hierarchies. In advancing this argument, it attempts to establish a second hypothesis: such field of knowledge is related an intrinsically connected to humanities, and in specific to History/Politics, Linguistics and Philosophy/Theology. Continue reading Legal Education in Palestine: What Place for History, Philosophy and Linguistics? (2019)

governance-and-the-constitution

Governance and the constitution in Palestine : from books to action and back (2016)

This presentation, is an inquiry and investigation into this simple question: Who governs the West Bank and Gaza Strip, and how? While the question is simple, the answer is very complex. This is because it involves territoriality, ethnicity, nationality, religion, services, people, gender, language, IDs and travel documents, citizenship status, areas or residence, etc. Continue reading Governance and the constitution in Palestine : from books to action and back (2016)

Arab Spring and Palestinian Refugees

الربيع العربي واللاجئون الفلسطينيون: تغيير أم ترسيخ للوضع القائم؟ (2013)

تعالج هذه الورقة واقع اللاجئين الفلسطينيين في الدول العربية على ضوء التغيرات التي حصلت في الدول العربية نتيجة ما يشار إليه مجازاً (وأحياناً عن غير حق) بالربيع العربي. يدخل موضوع هذه الورقة ضمن المحور الرابع (فلسطينيون خارج السياسة: اللاجئون وأحوالهم). فقد تم استثناء اللاجئين، ومنذ عدة عقود، من منظومة الحماية الدولية للاجئين، في الوقت الذي امتازت به الحماية الإقليمية بضعفها، والحماية الوطنية (حيثما وجدت) بسرعة تغيرها وتأثرها بالصراعات والحسابات الداخلية للدول المضيفة، وطبيعة العلاقة مع منظمة التحرير الفلسطينية. كما أن قضية اللاجئين بقيت هامشية ضمن منظومة أوسلو وما تبعها من قيام السلطة. ساهم الربيع العربي في تزايد الأمل لدى الفلسطينيين بإمكانية تغيير أوضاعهم واستيعابهم وقضيتهم وعودتها للمركزية التي تستحق. Continue reading الربيع العربي واللاجئون الفلسطينيون: تغيير أم ترسيخ للوضع القائم؟ (2013)

gender-and-migration-in-palestine

Gender and Migration in Palestine (2010)

This paper is concerned with legal rules and institutions in Palestine directly or indirectly affecting migrant women. In particular, this paper sheds light on family reunification, personal status, and nationality laws. Despite the Palestinian Authority’s apparent commitment to rejecting sex discrimination and in combating violence directed against women, there are still social and legal obstacles that hinder full equality. In fact, legal rules and institutions have not always been – and, indeed, are still not – gender-neutral. Continue reading Gender and Migration in Palestine (2010)

filling-the-gap?-a-survey-of-palestinian

Filling the gap? a survey of Palestinian case law on migration (2010)

Since its establishment in 1994, the Palestinian Authority has shown great interest in changing the Palestinian legal system through direct legislative intervention, despite its limited territorial, functional and personal jurisdiction. Yet for migration issues, the legislative intervention has been the exception rather than the rule. Such legislative stagnation was accompanied by lack of policies for migration issues in general. Continue reading Filling the gap? a survey of Palestinian case law on migration (2010)

impact-of-israeli-military-order

Impact of Israeli military order no.1650 of 2009 on Palestinians’ rights to legally reside in their own country. (2010)

A new Israeli military Order no. 1650 regarding the Prevention of Infiltration took effect on April 2010. Human-rights organizations expressed alarm at the new powers Israeli military forces will have in dealing with Palestinians who do not hold ‘lawful documents’ of stay in the occupied Palestinian territory. The objective of this paper is to investigate how this new order fits within a legal system Israel has set up in the West Bank and Gaza Strip through hundreds of military declarations and orders. Continue reading Impact of Israeli military order no.1650 of 2009 on Palestinians’ rights to legally reside in their own country. (2010)

are-(palestinian-authority’s)-legislated-statutes-substantially-different-from-(israeli)-military-orders?-(2010)

Are (Palestinian Authority’s) Legislated Statutes Substantially Different from (Israeli) Military Orders?. (2010)

During Second World War, Lord Atkin famously contradicted Cicero’s 2000-year-old dictum (Silent enim leges inter arma),1 when he said: “In this country, amid the clash of arms the laws are not silent. They may be changed, but they speak the same language in war as in peace.”2 In contemporary states, it is rare to rule by brutal force, even in times of emergencies, threats to national security, or even in times of occupation of an alien population. Continue reading Are (Palestinian Authority’s) Legislated Statutes Substantially Different from (Israeli) Military Orders?. (2010)

the-legal-dimension-of-migration

The legal dimension of migration: the Palestine case. (2010)

In this report I consider Israeli policies aimed at reducing the number of Palestinians in the areas under its control. I then deal with the rights and freedoms of Palestinian refugees in host countries. I show how Palestinian refugees are dealt with in host countries as a security issue, with consequently limited rights and freedoms, an extra burden on their already fragile situation. I urge for a more stable legal status for Palestinian refugees.
Continue reading The legal dimension of migration: the Palestine case. (2010)

dealing-with-highly-skilled-migration

Dealing with Highly-Skilled Migration: The Case of the Palestinian Authority (2010)

This publication is part of a series of papers on Highly-Skilled Migration written in the framework of the CARIM project and presented at a meeting organised in Florence: ‘Highly-Skilled Migration into, through and from Southern and Eastern Mediterranean and Sub-Saharan Africa’ (30 November – 1 December 2009). Continue reading Dealing with Highly-Skilled Migration: The Case of the Palestinian Authority (2010)

converting-palestinians-into-infiltrators

Converting Palestinians into infiltrators In their own home country : a new military order and same old policy. (2010)

A new Israeli military “Order regarding Prevention of Infiltration”, Order no.1650 of 2009, took effect on 13 April 2010, six months after being signed by the Israeli Commander of IDF (Israeli Defense Forces) in the “Judea and Samaria Area”.1 It is an amendment to a previously enforced Order no. 329 of 1969,2 almost as old as the occupation itself.3 Leading daily newspapers reported the alarming news and many International, Israeli and Palestinian human rights organizations protested. Continue reading Converting Palestinians into infiltrators In their own home country : a new military order and same old policy. (2010)

status-of-rights-and-freedoms

Status of rights and freedoms in the Palestinian law. (2010)

This report intends to provide a basis for a plan of action aiming at approximating Palestinian laws to rights and freedoms included in the BL and international standards. Article 10 (par.2) of the BL provides that “The Palestinian National Authority shall work without delay to become a party to regional and international declarations and covenants that protect human rights.”. Continue reading Status of rights and freedoms in the Palestinian law. (2010)

Palestine: the legal dimension of migration (2009)

Migration law covers the regulation of entry, residence and settlement, border-crossing and departure, sanctions for the transgression of such rules, as well as the protection of migrants through the legal regulation of their rights, often proclaimed on the international level and sometimes incorporated in national law. The legislative position of the PA is anomalous on both counts. Continue reading Palestine: the legal dimension of migration (2009)

The vicious cycle of Palestinian workers in Israeli settlements (2009)

This paper is interested in presenting the status of rights of Palestinians working in Israeli settlements. Available reports suggest that these are subjected to discrimination, exploitation and human-rights violations both in terms of employment conditions and safety measures. In October 2007, the Israeli High Court ruled unanimously that Israeli labor laws applied equally to Israeli employers and their Palestinian West Bank workers. The decision signs a breakthrough for Palestinian workers Continue reading The vicious cycle of Palestinian workers in Israeli settlements (2009)

Family Unification of Residents in the Occupied Palestinian Territory (2009)

Family unification refers to the administrative procedure through which foreign nationals are granted, on the request of a relative, a legal status in the territory of the state where the applicant is legally staying. In the case of the occupied Palestinian territory (oPt), the regulation of family unification is anomalous, with regards to the concerned state and regulations, the applicant and the concerned relatives Continue reading Family Unification of Residents in the Occupied Palestinian Territory (2009)

Palestinian Refugees in Arab States: A Rights-Based Approach (2009)

This paper tackles the issue of Palestinian refugees in host Arab states, their legal status and rights. The paper’s criteria can be found in those universally accepted standards applicable to refugees, as a special category of persons in need of national and international protection and assistance, and in those minimum guarantees (human rights and freedoms) which are present in international conventions and declarations Continue reading Palestinian Refugees in Arab States: A Rights-Based Approach (2009)

The Circulation of Palestinian Refugees and Migrants (2008)

The paper considers circular migration with regard to Palestinian migrant workers and alien workers in Palestine, in the context of the EU Commission Communication on Circular Migration (2007). Throughout the paper, the unusualness of the Palestinian situation, both with regards to border control and the lack of sovereignty of the Palestinian Authorities is underlined. Continue reading The Circulation of Palestinian Refugees and Migrants (2008)

Irregular Migration into and Through the Occupied Palestinian Territory (2008)

The concept of irregular migration refers, by definition, to non-citizens who happen to enter, reside and work in a third country, different from their country of origin and/or citizenship in violation of domestic law. In the light of the exceptional case of the occupied Palestinian territory, this paper challenges the concept of “irregular migration” in the absence of a clear cut division between who is a citizen/resident and who is not, and between what is legal or regular and what is not. Continue reading Irregular Migration into and Through the Occupied Palestinian Territory (2008)

Palestine: the legal dimension of migration (2007)

Migration law covers the regulation of entry, residence and settlement, border-crossing and departure, sanctions for the transgression of such rules, as well as the protection of migrants through the legal regulation of their rights, often proclaimed on the international level and sometimes incorporated in national law. The legislative position of the PA is anomalous on both counts. First, the regulation of migration implies the sovereign control of borders, which the PA does not currently exercise. Continue reading Palestine: the legal dimension of migration (2007)

Palestinian Nationality and Citizenship: Current challenges and Future Perspectives (2007)

A nation is constituted by the belief of belonging together, accompanied by a strong solidarity among its members. Nations, where they exist, are the product of a nation-building process. The concept of nation-building presupposes two elements: a common identity and concerted political action. Belonging to a particular nation is also related to a pre-existent common identity based on objective criteria. Continue reading Palestinian Nationality and Citizenship: Current challenges and Future Perspectives (2007)

Legislating for Migration: The Anomalous Case of the Palestinian Authority (2006)

Migration law covers the regulation of entry, residence and settlement, border-crossing and end of stay together with sanctions for the transgression of such rules, and at the same time the protection of migrants through the legal regulation of their rights, often proclaimed on the international level and sometimes incorporated in the domestic law.1 The legislative position of the Palestinian Authority (PA) is anomalous on both counts. Continue reading Legislating for Migration: The Anomalous Case of the Palestinian Authority (2006)