Courting conflict: The Israeli military court system in the West Bank and Gaza

Courting Conflict: The Israeli Military Court System in the West Bank and Gaza

Volumn , Issue , 2005, Pages

  Hajjar, Lisa ^a  

^a UNIVERSITY OF CALIFORNIA   (United States)

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EID: 84887761770     PISSN: None     EISSN: None     Source Type: Book    
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References (399)

1. In the 1967 war, Israel also captured and occupied the Sinai Peninsula and the Golan Heights.
2. See David Garland, Punishment and Modern Society: A Study in Social Theory (Chicago: University of Chicago Press, 1993).
3. See Al-Haq, Punishing a Nation (Ramallah: Al-Haq, 1988), and Nation under Siege (Ramallah: al-Haq, 1989).
4. Dan Horowitz, "Israel and the Occupation," Jerusalem Quarterly 43 (1987): 21.
5. Liisa Malkki, "News and Culture: Transitory Phenomena and the Fieldwork Tradition," in Anthropological Locations: Boundaries and Grounds of a Field Science, ed. Akhil Gupta and James Ferguson (Berkeley: University of California Press, 1997), p. 92.
6. There are also military courts attached to prisons and detention centers to handle hearings for extension of detention and appeals against administrative detention.
7. Kristin Bumiller, The Civil Rights Society: The Social Construction of Victims (Baltimore: Johns Hopkins University Press, 1988), pp. 33-34.
8. Alan Hunt, "Foucault's Expulsion of Law: Toward a Retrieval," Law and Social Inquiry 17/1 (1992), p. 1026.
9. Zachary Lockman, Comrades and Enemies: Arab and Jewish Workers in Palestine, 1906-1948 (Berkeley: University of California Press, 1996), p. 4.
10. See also Baruch Kimmerling, "Sociology, Ideology, and Nation-Building: The Palestinians and Their Meaning in Israeli Sociology," American Sociological Review 57 (1992): 446-60.
11. James Ron, "Savage Restraint: Israel, Palestine and the Dialectics of Legal Repression," Social Problems 47/4 (2000): 445-72.
12. Colin Gordon, "Governmental Rationality: An Introduction," in The Foucault Effect: Studies in Governmentality, ed. Graham Burchell, Colin Gordon, and Peter Miller (Chicago: University of Chicago Press, 1991), p. 3.
13. Oren Yiftachel, "Israeli Society and Jewish-Palestinian Reconciliation: 'Ethnocracy' and Its Territorial Contradictions," Middle East Journal 51 (Autumn 1997): 507.
14. According to this law, it is also illegal for a party to deny the democratic character of the state or to incite racism. See David Kretzmer, The Legal Status of the Arabs in Israel (Boulder, CO: Westview, 1990).
15. Nadim Rouhana, Palestinians in an Ethnic Jewish State: Identities in ConXict (New Haven, CT: Yale University Press, 1997).
16. Gershon Shafir and Yoav Peled, "Citizenship and StratiWcation in an Ethnic Democracy," Ethnic and Racial Studies 21 (May 1998): 408-27.
17. See Asher Arian, Ilan Talmud, and Tamar Hermann, National Security and Public Opinion in Israel (Boulder, CO: Westview Press, 1988).
18. Menachem Hofnung, Democracy, Law and National Security in Israel (Hanover, NH: Dartmouth Publishing, 1996).
19. Itzhak Zamir, "Rule of Law and Control of Terrorism," Tel Aviv University Studies in Law 8 (1988): 81-156.
20. Itzhak Zamir, "Human Rights and National Security," Israel Law Review 23/2-3 (1989): 376-77.
21. Terrence Halliday, "Politics and Civic Professionalism: Legal Elites and Cause Lawyers," Law and Social Inquiry 24/4 (1994): 1026.
22. See Pierre Bourdieu, "The Force of Law: Toward a Sociology of the Juridical Field," Hastings Law Journal 38 (1987): 805-53.
23. See Isaac Balbus, The Dialectics of Legal Repression: Black Rebels before the American Criminal Courts (New York: Russell Sage Foundation, 1973).
24. Robert Cover, "Violence and the Word," in Narrative, Violence and the Law: The Essays of Robert Cover, ed. Martha Minow, Michael Ryan, and Austin Sarat (Ann Arbor: University of Michigan Press, 1992).
25. Austin Sarat and Thomas R. Kearns, eds., Law's Violence (Ann Arbor: University of Michigan Press, 1993).
26. See Mindie Lazarus-Black and Susan Hirsch, eds., Contested States: Law, Hegemony and Resistance (New York: Routledge, 1994).
27. June Starr and Jane Collier, eds., History and Power in the Study of Law: New Directions in Legal Anthropology (Ithaca, NY: Cornell University Press, 1989).
28. J. L. Comaroff and S. A. Roberts, Rules and Processes: The Cultural Logic of Dispute in an African Context (Chicago: University of Chicago Press, 1981).
29. Ernesto Laclau and Chantal Mouffe, Hegemony and Socialist Strategy (London: Verso, 1985).
30. Sally Engle Merry, Getting Justice and Getting Even: Legal Consciousness among Working Class Americans (Chicago: University of Chicago Press, 1990), p. 7.
31. See Kimberle Crenshaw, "Race, Reform and Retrenchment: Transforma tion and Legitimation in Anti-discrimination Law," in Critical Race Theory, ed. Kimberle Crenshaw et al. (New York: New Press, 1995).
32. Martha Minow, "Partial Justice: Law and Minorities," in The Fate of Law, ed. Austin Sarat and Thomas Kearns (Ann Arbor: University of Michigan Press, 1997), p. 74.
33. According to Lisa Wedeen, "The term 'hegemony' does not have the precision to specify the dominance-producing aspects of claims that are themselves transparently unconvincing." Lisa Wedeen, Ambiguities of Domination: Politics, Rhetoric and Symbols in Contemporary Syria (Chicago: University of Chicago Press, 1999), p. 12.
34. The rights of Jews (both individual and collective/national) are coterminous with the territorial reach of Israeli state power, as evident in the "right" of Jews (and only Jews) to take up residency (i.e., become settlers) in territories occupied in 1967 without any forfeiting or alteration of their status as Israeli citizens.
35. For example, on March 30, 1976, Arab Israelis declared a "national strike" to protest continuing conWscation of their land. The strike was put down violently and six Arabs were killed. Since then, "Land Day" has been commemorated annually with demonstrations and strikes.
36. Rouhana, Palestinian Citizens, p. 152.
37. Austin Sarat and Thomas R. Kearns, "Editorial Introduction," in Sarat and Kearns, Identities, Politics, and Rights, p. 8.
38. Louis Henkin, The Age of Rights (New York: Columbia University Press, 1990).
39. See David Cole and James Dempsey, Terrorism and the Constitution: SacriWcing Civil Liberties in the Name of National Security (New York: New Press, 2002).
40. See United Nations, "Report of the Policy Working Group on the United Nations and Terrorism," A/57/273, S/2002/875, August 2002, retrieved March 1, 2004, from www.un.org/terrorism/.
41. Richard Falk, The Great Terror War (New York: Olive Branch Press, 2002), p. xix.
42. Dana Briskman, "National Security versus Human Rights: An Analysis of the Approach of the Israeli Supreme Court" (M.A. thesis, Harvard University Law School, 1987), p. 57.
43. Jerusalem Post, February 20, 1987, quoted in Penny Johnson, "The Routine of Repression," Middle East Report, no. 150 (January-February 1988): 6.
44. See Henry J. Steiner and Philip Alston, International Human Rights in Context: Law, Politics, Morals (Oxford: Clarendon Press, 1996).
45. See Abdullahi An-Na'im, "State Responsibility under International Human Rights Law to Change Religious and Customary Laws," in Human Rights of Women: National and International Perspectives, ed. Rebecca Cook (Philadelphia: University of Pennsylvania Press, 1994).
46. See Margaret Keck and Kathryn Sikkink, Activists beyond Borders: Advocacy Networks in International Politics (Ithaca, NY: Cornell University Press, 1998).
47. See Stanley Cohen, Denial and Acknowledgement: The Impact of Information about Human Rights Violations (Jerusalem: Center for Human Rights, Hebrew University, 1995).
48. Debates about the enforceability of international law encompass everything from states' use of the death penalty and corporal punishment, to the deleterious social and economic consequences of unbridled economic privatization, to religious or cultural practices that sanction certain harms.
49. Sally Engle Merry, Getting Justice and Getting Even: Legal Consciousness among Working-Class Americans (Chicago: University of Chicago Press, 1990), pp. 8-9.
50. These preparations included Egypt's closure of the Straits of Tiran and demands that UN peacekeeping forces evacuate the Sinai Peninsula and Syrian responses to Soviet misinformation about Israeli troop mobilization in the north.
51. These plans included the creation of an administrative command for the West Bank and the appointment of Reserve General Chaim Herzog as its head. Thus, a military administration was ready in waiting years before any territory was actually conquered and occupied.
52. Meir Shamgar, "Legal Concepts and Problems of the Israeli Military Government: The Initial Stage," in Shamgar, Military Government, p. 25n.
53. See "What Happened to the Dream? A Roundtable Discussion with Longtime Ex-Prisoners," News from Within 11/2 (1995): 3-13.
54. See Rashid Khalidi, "The PLO as the Representative of the Palestinian People," in The International Relations of the PLO, ed. Augustus Richard Norton and Martin Greenberg (Carbondale: Southern Illinois University Press, 1989).
55. See Yehoshafat Harkabi, The Palestinian Covenant and Its Meaning (London: Vallentine Mitchell, 1979).
56. See Dan Horowitz, Israel's Concept of Defensible Borders (Jerusalem: Leonard Davis Institute, Hebrew University, 1975).
57. See Meir Shamgar, "The Observance of International Law in the Administered Territories," Israel Yearbook on Human Rights 1 (1971): 262-77.
58. See Shamgar, "Legal Concepts," p. 43.
59. According to William O'Brien, "Presumably what Israel applies is considered 'humanitarian' and what she rejects is not." William O'Brien, Law and Morality in Israel's War with the PLO (New York: Routledge, 1991), p. 229.
60. See Jean Pictet, Development and Principles of International Humanitarian Law (Dordrecht: Martinus NijhoV, 1985).
61. Shamgar, "Legal Concepts," pp. 32-33.
62. See Shamgar, "Observance of International Law.".
63. See International Committee of the Red Cross, "Treaties and Customary International Law," 2004, retrieved March 1, 2004, from www.icrc.org/web/eng/siteeng0.nsf/iwpList2/Humanitarian_law:treaties_and_customary_law.
64. See Yoram Dinstein, "The Expulsion of the Mayors from Judea" (in Hebrew), Iyunei Mishpat 8 (1981): 157-71.
65. Yehuda Blum, "The Missing Reversioner: ReXections on the Status of Judea and Samaria," Israel Law Review 3 (1968): 279-88.
66. Renato Jarach, "Judicial Review of the Military Government by the High Court of Justice," in Israel, the "Intifada" and the Rule of Law, ed. David Yahav (Tel Aviv: Israel Ministry of Defense Publications, 1993).
67. See Nissim Bar-Yaacov, "The Applicability of the Laws of War to Judea and Samaria (the West Bank) and to Gaza," Israel Law Review 24/3-4 (1990): 486-505.
68. Moshe Drori, "The Israeli Settlements in Judea and Samaria: Legal Aspects," in Judea, Samaria and Gaza: Views on the Present and Future, ed. Daniel Elazar (Washington, DC: American Enterprise Institute, 1982).
69. Shamgar, "Legal Concepts," p. 43n.
70. The HCJ has two distinct functions: it is the highest appellate court in the domestic legal system (i.e., a "Supreme Court"), and it sits as a High Court of Justice for petitions against administrative measures taken by state agencies.
71. David Kretzmer, The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories (Albany: SUNY Press, 2002), p. 163.
72. See Baruch Kimmerling, Zionism and Territory: The Socioterritorial Dimension of Zionist Politics (Berkeley: University of California Press, 1983).
73. Emergency Resolution (Offenses Committed in the Israel-Held Areas- Jurisdiction and Legal Assistance) Law.
74. See Lea Tsemel, "Double Standard Justice in Israel: The Case of the Jewish Terror Organization," Palestine Yearbook of International Law 2 (1985): 37-68; Association for Civil Rights in Israel, The Legal and Administrative System (Jerusalem: Association for Civil Rights in Israel, 1985).
75. See Eyal Benvenisti, Legal Dualism: The Absorption of the Occupied Territories into Israel (Boulder, CO: Westview Press, 1990).
76. George Bisharat, "Land, Law and Legitimacy in Israel and the Occupied Territories," American University Law Review 43/2 (1994): 467-561.
77. Amnon Rubenstein, "The Changing Status of the 'Territories' (West Bank and Gaza): From Escrow to Legal Mongrel," Tel Aviv University Studies in Law 8 (1988): 59-80.
78. Raja Shehadeh, The Law of the Land: Settlements and Land Issues under Israeli Military Occupation (Jerusalem: Palestinian Academic Society for the Study of International AVairs, 1993).
79. Only a small number of military court decisions have been published in volumes entitled Select Judgments of the Military Courts in the Administered Territories (Tel Aviv: Israel Ministry of Defense).
80. HaPraklit 2/46, quoted in Sabri Jiryis, The Arabs in Israel (New York: Monthly Review Press, 1976), pp. 11-12.
81. See Alina Korn, "Political Control and Crime: The Use of Defense (Emergency) Regulations during the Military Government," Adalah's Review 4 (2004): 23-32.
82. Since the late 1970s, the British Defense Regulations inside Israel have been largely replaced by domestic legislation (i.e., various "Prevention of Terrorism" laws).
83. This was promulgated as the Palestine (Revocation) Order in Council. See Martha Roadstrum Moffett, Perpetual Emergency: A Legal Analysis of Israel's Use of the British Defense (Emergency) Regulations, 1945, in the Occupied Territories (Ramallah, West Bank: Al-Haq/Law in the Service of Man, 1989).
84. Abu Awad v. Regional Commander of Judea and Samaria, HC 97/79, PD 33(3), p. 309.
85. See also Nazal et al. v. Military Commander of the Judea and Samaria Region, HC 256/85, PD 39(3), p. 645.
86. According to Zvi Hadar, Israel "continued to rely on the local legal systems, including the [British] Defense Regulations, whenever possible, as additional security provisions supplementary to [its] own [military legislation]." Hadar, "The Military Courts," p. 176 (emphasis in the original).
87. The latter took the form of a "Know Your Rights" series. See Joost Hiltermann, "Al-Haq: The First Twenty Years," Middle East Report 214 (Fall 2000): 43.
88. Mouin Rabbani, "Palestinian Human Rights Activism under Israeli Occupation: The Case of Al-Haq," Arab Studies Quarterly 16/2 (1994): 29.
89. This credibility was crucial to securing Wnancial and other support from foreign organizations. It also served to attract a number of foreign lawyers and human rights activists who came to the West Bank to work with LSM.
90. Raja Shehadeh and Jonathan Kuttab, The West Bank and the Rule of Law (Ramallah: Law in the Service of Man, 1980).
91. Israel National Section of the International Commission of Jurists, The Rule of Law in the Areas Administered by Israel (Tel Aviv: Israel National Section of the International Commission of Jurists, 1981). Although this book bears the name of the ICJ, that organization played no part in its authorship or publication.
92. Haim Cohen, foreword to Israel National Section, Rule of Law, p. xii.
93. Raja Shehadeh, Occupier's Law: Israel and the West Bank, rev. ed. (Washington, DC: Institute for Palestine Studies, 1988), pp. 3-4.
94. See Meron Benvenisti, Israeli Rule in the West Bank: Legal and Administrative Aspects (Jerusalem: West Bank Data Base Project, 1983).
95. David Kretzmer, Israel and the West Bank: Legal Issues (Jerusalem: West Bank Database Project, 1984).
96. Hillel Somer, "The Application of the Fourth Geneva Convention in Israeli Law" (in Hebrew), Iyunei Mishpat 11 (1986): 263-80.
97. Leah Tsemel, "Applicability of Geneva Conventions," Palestine Yearbook of International Law 1 (1984).
98. Penny Johnson, "The Routine of Repression," MERIP Middle East Report 150 (January-February 1988): 10.
99. Nabeel Abraham et al., "International Human Rights Organizations and the Palestine Question," Middle East Report, no. 150 (1988): 13.
100. Quoted in Hiltermann, "Al-Haq," p. 44.
101. See Amnesty International, The Military Justice System in the Occupied Territories: Detention, Interrogation and Trial Procedures (New York: Amnesty International, 1991).
102. Lawyers Committee for Human Rights, Lawyers and the Military Justice System (New York: Lawyers Committee for Human Rights, 1992).
103. Jordan Paust, Gerhard von Glahn, and Gunter Woratsch, Inquiry into the Israeli Military Court System in the Occupied West Bank and Gaza (Geneva: International Commission of Jurists, 1989).
104. Daphna Golan, The Military Judicial System in the West Bank (Jerusalem: B'Tselem, 1989).
105. "Summary," in Amnesty International, Military Justice System.
106. Tamar Gaulan, letter dated April 8, 1992 (file no. 164.1-717), published in Office of the Military Advocate General, Response of the IDF Military Advocate General's Unit to the Amnesty International Report on the Military Justice System in the Administered Areas (Tel Aviv: Office of the Military Advocate General, 1992).
107. Lawyers Committee for Human Rights, Lawyers, p. ii.
108. Appendix I to Lawyers Committee for Human Rights, A Continuing Cause for Concern: The Military Justice System of the Israeli-Occupied Territories (New York: Lawyers Committee for Human Rights, 1993), p. App. I 1.
109. Lawyers Committee for Human Rights, Continuing Cause for Concern, pp. 2-3.
110. Yahav, Israel, the "Intifada.".
111. Amnon Straschnov, Justice under Fire: The Legal System during the Intifada (in Hebrew) (Tel Aviv: Yediot Aharonot, 1994).
112. See Playfair, International Law; Carol Bisharat, "Palestine and Humanitarian Law: Israeli Practices in the West Bank and Gaza," Hastings International and Comparative Law Review 12 (1989): 325-42.
113. Paul Hunt, Justice? The Military Court System in the Israeli-Occupied Territories (Ramallah: Al-Haq/Law in the Service of Man, 1987).
114. Quoted in Adnan Amad, ed., Israeli League for Human and Civil Rights (The Shahak Papers) (Beirut: Palestine Research Center, 1973), p. 19.
115. Stanley Cohen, "Talking about Torture in Israel," Tikkun 6 (1991): 24.
116. "Israel Tortures Arab Prisoners: Special Investigation by Insight," Sunday Times (London), June 19, 1977.
117. Times (London), July 3, 1977, Letters section.
118. To compensate for restrictions on this means of gathering information and evidence, beginning around 1979 the GSS developed a new technique: the procurement and use of Palestinian informers in prisons. See Yizhar Be'er and Saleh 'Abdel-Jawad, Collaborators in the Occupied Territories: Human Rights Abuses and Violations (Jerusalem: B'Tselem, 1994), p. 63.
119. Moshe Landau et al., Commission of Inquiry into the Methods of Investigation of the General Security Services Regarding Hostile Terrorist Activity (Jerusalem: Government Press Office, 1987).
120. See Pnina Lahav, "A Barrel without Hoops: The Impact of Counterterrorism on Israel's Legal Culture," Cardoza Law Review 10 (1988): 529-60.
121. In Israeli courts, rules of evidence require that a confession be given of the detainee's free will in order to be legally admissible. Nevertheless, even if coercive methods are used, the confession can be admissible if it was signed without coercion. See Human Rights Watch/Middle East, Torture and Ill-Treatment: Israel's Interrogation of Palestinians from the Occupied Territories (New York: Human Rights Watch, 1994), pp. 243-44.
122. See Landau et al., Commission of Inquiry, pp. 31-39.
123. The tendentiousness of this logic is evident in the fact that at least 50 percent of Palestinians who are arrested are eventually released without charge, as noted elsewhere in the report.
124. Alan Dershowitz writes, "It is ironic. that in an effort to incorporate the interrogation methods of the GSS into 'the law itself,' the Commission has selected the most lawless of legal doctrines-that of necessity-as the prime candidate for coverage." Alan Dershowitz, "Is It Necessary to Apply 'Physical Pressure' to Terrorists-and to Lie about It?" Israel Law Review 23/2-3 (1989): 196.
125. The Landau Commission report suggested that the necessity defense could be interpreted to include not only its originally intended exception for cases of "imminent danger" but also "the concept of lesser evil," by which "the harm done by violating a provision of the law during an interrogation must be weighed against the harm to the life or person of others which could occur sooner or LATER." Landau et al., Commission of Inquiry, p. 57 (emphasis in original).
126. See Lisa Hajjar, "Sovereign Bodies, Sovereign States and the Problem of Torture," Studies in Law, Politics and Society 21 (2000): 101-34.
127. For example, the Office of the Military Advocate General stated, in Response of the IDF, "While, in dealing with hardened terrorists involved in the commission of grave security offenses, the use of a certain degree of force is often necessary to obtain information, the disproportionate exertion of pressure on subjects (i.e., by torture or maltreatment) is strictly forbidden. Israel has repeatedly condemned all use of torture" (p. 10).
128. A double issue of Israel Law Review (1989, vol. 23, nos. 2-3) was devoted to critical assessments of the Landau Commission report.
129. See Public Committee against Torture in Israel, Moderate Physical Pressure: Interrogation Methods in Israel (Jerusalem: Public Committee against Torture in Israel, 1990).
130. See Stanley Cohen and Daphna Golan, The Interrogation of Palestinians during the Intifada: Ill-Treatment, "Moderate Physical Pressure" or Torture? (Jerusalem: B'Tselem, 1991).
131. Human Rights Watch/Middle East, Torture and Ill-Treatment.
132. This exception takes no account of the fact that some of the interrogation facilities are within the territory of Israel (i.e., inside the 1949 armistice line).
133. Human Rights Watch/Middle East, Israeli Interrogation Methods under Fire after Death of Detained Palestinian (New York: Human Rights Watch, 1992).
134. Quoted in Public Committee against Torture in Israel, Report on Third Year's Activities, January 1992-December 1992 (Jerusalem: Public Committee against Torture in Israel, 1992), p. 3.
135. Public Committee against Torture in Israel, Flawed Defense: Torture and Ill-Treatment in GSS Interrogations following the Supreme Court Ruling, 6 September 1999-6 September 2001 (Jerusalem: Public Committee against Torture in Israel, 2001), p. 24.
136. According to official sources, the "new procedures" limited the combined use of various "pressure" tactics and the circumstances under which certain tactics could be used; restricted particular methods to the extraction of "vital information" that interrogators believe a detainee is concealing; and prohibitions against food, drink, and lavatory deprivation and against "abandoning" a detainee to heat or cold. Yuval Ginbar, The "New Procedure" in GSS Interrogation: The Case of 'Abd A-Nasser 'Ubeid (Jerusalem: B'Tselem, 1993).
137. Stanley Cohen and Daphna Golan, The Interrogation of Palestinians during the Intifada: Follow-up to March 1991 B'Tselem Report (Jerusalem: B'Tselem, 1992).
138. Allegra Pacheco, ed., The Case against Torture in Israel: A Compilation of Petitions, Briefs and Other Documents Submitted to the Israeli High Court of Justice (Jerusalem: Public Committee against Torture in Israel, 1999), p. 16.
139. See Yuval Ginbar, Legitimizing Torture: The High Court of Justice Rulings in the Bilbeisi, Hamdan and Mubarak Cases: An Annotated Sourcebook (Jerusalem: B'Tselem, 1997).
140. Eitan Felner, "Legally Sanctioned Human Rights Violations," B'Tselem Human Rights Report 6 (1998): 1, 15.
141. Quoted in Daphna Baram, "President of ACRI: Torture Is Not Necessarily a Civil Rights Offense," Kol Ha'Ir, January 30, 1998. Retrieved June 1999 from Ha'aretz Web site: www.haaretzdaily.com.
142. See Gideon Levy, "What We Owe the Radical Left," Ha'aretz, September 13, 1999.
143. The day before the scheduled HCJ hearing, B'Tselem released a new report, Routine Torture, at a press conference during which actors demonstrated common forms of position abuse while hooded. Pictures of these reenactments were published in all the major Israeli media.
144. Public Committee against Torture in Israel v. State of Israel, HCJ 5100/94, Sept 6, 1999.
145. See Public Committee against Torture in Israel, Flawed Defense; Joseph Algazy, "Fear and Trembling," Ha'aretz, January 6, 2003.
146. Michel Foucault, Discipline and Punish: The Birth of the Prison (New York: Vintage Books, 1979), p. 10.
147. Allen Feldman, Formations of Violence: The Narrative of the Body and Political Terror in Northern Ireland (Chicago: University of Chicago Press, 1991), p. 22.
148. Pierre Bourdieu, The Logic of Practice, trans. Richard Nice (Stanford, CA: Stanford University Press, 1990), p. 54.
149. Usually I sat in the public section with Palestinians, but sometimes I sat with the defense lawyers if invited to do so and if soldiers on guard duty did not object. On several occasions, soldiers insisted that I sit with them.
150. Until 1994, the courts were in military bases located in Palestinian towns. In Hebron, the compound was on a hill some distance from any residential or commercial area, whereas in Nablus and Gaza the compounds were centrally located. In all three, the compounds also housed prisons. In Ramallah, Jenin, and Tulkaram, the compounds were in residential neighborhoods, within walking distance of the center. After 1994, the courts were relocated to bases remote from Palestinian towns and difficult for Palestinians to reach or enter.
151. Michel Warshawski, "Beyond My Wildest Dreams: A Few Hours in the Gaza Military Court," News from Within 7/7 (July 3, 1991): 14.
152. According to several lawyers, the impetus for creating physical barriers in all the courtrooms swelled from an incident in the Gaza court when a woman armed with a knife rushed to the front of the courtroom, although they disagreed whether she was aiming for a soldier or her husband's lawyer.
153. Israel has one of the world's highest per capita ratios of members of the armed forces (including reservists) to total population. See Dan Horowitz and Moshe Lissak, "Democracy and National Security in a Protracted Conflict," Jerusalem Quarterly 51 (Summer 1989): 2-40.
154. Baruch Kimmerling, "Making Conflict a Routine: Cumulative Effects of the Arab-Jewish Conflict upon Israeli Society," in Israeli Society and Its Defense Establishment: The Social and Political Impact of a Protracted Violent Conflict, ed. Moshe Lissak (London: Frank Cass, 1984).
155. Amia Leblich and Meir Perlow, "Transition to Adulthood during Military Service," Jerusalem Quarterly 47 (Summer 1988): 40-76.
156. Moshe Lissak, "The IDF as an Agent of Socialization and Education: A Study of Role Expansion in a Democratic Society," in The Perceived Role of the Military, ed. M. R. Gills (Rotterdam: Rotterdam University Press, 1971).
157. Edward Luttwak and Dan Horowitz, The Israeli Army (New York: Harper and Row, 1975).
158. Maurice Roumani, From Immigrant to Citizen: The Contribution of Army to National Integration in Israel (The Hague: Foundation for the Study of Plural Societies, 1979).
159. Sara Helman, "Militarism and the Construction of the Life-World of Israeli Males," in The Military and Militarism in Israeli Society, ed. Edna Lomsky-Feder and Eyal Ben-Ari (Albany: SUNY Press, 1999), p. 204.
160. See Lomsky-Feder and Ben-Ari, The Military and Militarism; Yoram Peri, "Civil-Military Relations in Israel in Crisis," in Military, State and Society in Israel, ed. Daniel Maman, Eyal Ben-Ari, and Zeev Rosenhek (New Brunswick, NJ: Transaction Publishers, 2001).
161. See Dafna Izraeli, "Paradoxes of Women's Service in the Israel Defense Forces," in Maman, Ben-Ari, and Rosenhek, Military, State and Society.
162. Simona Sharoni, "To Be a Man in the Jewish State: The Sociopolitical Context of Violence and Oppression," Challenge 2/5 (September-October 1991): 26-28.
163. Eyal Ben-Ari, "Masks and Soldiering: The Israeli Army and the Palestinian Uprising," Cultural Anthropology 44 (1989): 377-78.
164. Robin Wagner-Pacifici, Theorizing the Standoff: Contingency in Action (New York: Cambridge University Press, 2000), pp. 6, 8.
165. See James Ron, "Savage Restraint: Israel, Palestine, and the Dialectics of Legal Repression," Social Problems 47/4 (2000): 445-72.
166. In general, the officer class in the Israeli military has been dominated by people whose views tend to be to the center or left Zionist on the Jewish Israeli ideologico-political spectrum. See Yoram Peri, The Israeli Military and Israel's Palestinian Policy: From Oslo to the Al Aqsa Intifada (Washington, DC: U.S. Institute of Peace, 2002), p. 45.
167. The role(s) of the Israeli military and the relationship between the military and Israeli society have featured prominently in Israeli sociology. However, in this literature, strikingly little, if any, attention has been focused specifically on the military court system. See Uri Ben-Eliezer, The Making of Israeli Militarism (Bloomington: Indiana University Press, 1998).
168. Sarit Helman, "Militarism and the Construction of Community," Journal of Political and Military Sociology 25 (1997): 305-32.
169. Baruch Kimmerling, The Interrupted System: Israeli Civilians in War and Routine Times (New Brunswick, NJ: Transaction Books, 1985).
170. Moshe Lissak, Israeli Society and Its Defense Establishment: The Social and Political Impact of a Protracted Violent Conflict (London: Frank Cass, 1984).
171. Edna Lomsky-Feder and Eyal Ben-Ari, eds., The Military and Militarism in Israeli Society (Albany: SUNY Press, 1999).
172. Daniel Maman, Eyal Ben-Ari, and Zeev Rosenhek, eds., Military, State, and Society in Israel (New Brunswick, NJ: Transaction Publishers, 2001).
173. Allen Feldman, Formations of Violence: The Narrative of the Body and Political Terror in Northern Ireland (Chicago: University of Chicago Press, 1991), p. 2.
174. John Meyer and Brian Rowan, "Institutionalized Organizations: Formal Structure as Myth and Ceremony," in The New Institutionalism in Organizational Analysis, ed. Walter Powell and Paul DiMaggio (Chicago: University of Chicago Press, 1991), p. 58.
175. Patricia Ewick and Sustan Silbey, The Common Place of Law: Stories from Everyday Life (Chicago: University of Chicago Press, 1998), p. 29.
176. Sara Leibovitz-Dar, "No Justice in the Territories," Hadashot (suppl.), October 11, 1991.
177. Revisionist Zionism, a movement that emerged during the British Mandate, sought to "revise" the territorial borders available for Jewish settlement to include the East Bank of the Jordan River. The political heirs of this "Greater Israel" position eventually consolidated to form the Likud Party.
178. See Myron Aronoff, "Wars as Catalysts of Political and Cultural Change," in Lomsky-Feder and Ben-Ari, The Military and Militarism.
179. This is an allusion to the slogan "Beat 'em and weep," used to refer to liberal angst about the violent and repressive dimensions of military service in the territories.
180. Many Israelis criticized the Lebanon invasion because they construed it as Israel's first "war of choice" rather than a "war of defense" or "necessity.".
181. See Ephraim Inbar, "Israel's Small War: The Military Reaction to the Intifada," Armed Forces and Society 18 (1991): 29-50.
182. Ze'ev Schiff and Ehud Ya'ari, Intifada: The Palestinian Uprising: Israel's Third Front (New York: Simon and Schuster, 1989).
183. See Gad Barzilai and Efraim Inbar, "The Use of Force: Israeli Public Opinion on Military Options," Armed Forces and Society 23 (1996): 49-80.
184. Yaron Ezrahi, Rubber Bullets: Power and Conscience in Modern Israel (Berkeley: University of California Press, 1998).
185. Hanna Levinsohn and Elihu Katz, "The Intifada Is Not a War: Jewish Public Opinion on the Arab-Israeli Conflict," in Framing the Intifada: People and the Media, ed. Akiba Cohen and Gadi Wolfsfeld (Norwood, NJ: Ablex, 1994).
186. Aryeh Shalev, The Intifada: Causes and Effects (Tel Aviv and Boulder, CO: Jaffee Center for Strategic Studies and Westview Press, 1991), p. 1.
187. Yoram Peri, "Getting the Territories out of the IDF," New Outlook, April 1990, p. 8.
188. Emmanual Sivan, "Upon the Dawning of the Intifada's Third Year," Ha'aretz, December 8, 1989.
189. See Sara Helman, "Negotiating Obligations, Creating Rights: Conscientious Objection and the Redefinition of Citizenship in Israel," Citizenship Studies 3/1 (1999): 45-70.
190. Ruth Linn, "When the Individual Soldier Says 'No' to War: A Look at Selective Refusal during the Intifada," Journal of Peace Research 33 (1996): 421-32.
191. Rela Mezali, "Military Service as Initiation Rite," Challenge 4/4 (July-August 1993): 36.
192. Stanley Cohen, "Criminology and the Uprising," Tikkun 3/5 (1988): 95.
193. Moshe Landau et al., Commission of Inquiry into the Methods of Investigation of the General Security Service Regarding Hostile Terrorist Activity (Jerusalem: Government Press Office, 1987).
194. Public Committee against Torture in Israel, Moderate Physical Pressure: Interrogation Methods in Israel (Jerusalem: Public Committee against Torture in Israel, 1990), pp. 26-27.
195. Yizhar Be'er and Saleh 'Abdel-Jawad, Collaborators in the Occupied Territories: Human Rights Abuses and Violations (Jerusalem: B'Tselem, 1994), p. 10.
196. Prima facie evidence can include material evidence, affidavits from witnesses (including arresting soldiers), secret evidence, and first-or third-party confessions.
197. See Zvi Hadar, "The Military Courts," in Military Government in the Territories Administered by Israel, 1967-1980: The Legal Aspects, ed. Meir Shamgar (Jerusalem: Harry Sacher Institute for Legislative and Comparative Law of Hebrew University, 1982), p. 212.
198. In his 1989 report to the Israeli cabinet, the head of the IDF's intelligence division "stated explicitly that the Intifada was directed and led by the PLO." Peri, Israeli Military, p. 15. However, this interviewee's theory differs-or "expands"-on the (disputed) claim that the PLO masterminded and ran the intifada by claiming the infiltration of PLO operatives.
199. According to Peri: "The IDF's support of the peace process in the early 1990s was perceived as one of expression of the 'nonmilitaristic' character of the military and of the instrumentalist principle that guides it: When the politicians decided on a historic compromise, the military cooperated and fulfilled its role in the process." Peri, Israeli Military, p. 12.
200. Stuart Cohen, "The Peace Process and Its Impact on the Development of a 'Slimmer and Smarter' Israel Defense Forces," Israel Affairs 1 (1995): 1-21.
201. See Dafna Izraeli, "Paradoxes of Women's Service in the Israel Defense Forces," in Maman, Ben-Ari, and Rosenhek, Military, State and Society.
202. See Dan Horowitz and Moshe Lissak, Trouble in Utopia: The Overburdened Polity of Israel (Albany: SUNY Press, 1989).
203. See Robert Blecher, "Living on the Edge: The Threat of 'Transfer' in Israel and Palestine," Middle East Report, no. 225 (Winter 2002): 22-29.
204. Amos Harel, "IDF Mulls Change in Military Court System in the Territories," Ha'aretz English, September 19, 2002.
205. For the text of refuseniks' public statement, see "Combatants' Letter," 2002, retrieved March 2, 2004, from www.seruv.org.il/english/combatants_ letter.asp.
206. See Dan Leon, "Refusal to Serve: An Israeli Phenomenon and Its Implications," Palestine-Israel Journal of Politics, Economics and Culture 9/3 (2002): 83-89.
207. James Boyd White, Justice as Translation: An Essay in Cultural and Legal Criticism (Chicago: University of Chicago Press, 1990), p. 23.
208. See Alon Peled, "The Politics of Language in Multiethnic Militaries: The Case of Oriental Jews in the Israel Defense Forces, 1950-59," Armed Forces and Society 26/4 (2000): 587-606.
209. See Ella Shohat, "Sephardim in Israel: Zionism from the Standpoint of Its Jewish Victims," in Dangerous Liaisons: Gender, Nation, and Postcolonial Perspectives, ed. Anne McClintock, Aamir Mufti, and Ella Shohat (Minneapolis: University of Minnesota Press, 1997).
210. There are a variety of linguistic communities in Israel, including native speakers of Russian, Amharic, Yiddish, and English. Only Arabic, though, bears the negative association of being the "enemy" language.
211. Druze Israelis' bilingualism symbolizes their ties to various, sometimes overlapping, linguistic communities. Fluency in Hebrew (which is not universal within the Druze community) places them within the multiethnic "Israeli" community. Fluency in Arabic links them to other Arabic-speaking Israelis (including Jews from the Arab world). And their Palestinian dialect is shared by all other Arabs indigenous to Palestine, including other citizens, residents of the occupied territories, and those in the diaspora.
212. See Kais Firru, The Druzes in the Jewish State: A Brief History (Leiden: E. J. Brill, 1999).
213. For example, Walter Schwarz writes: "The Druzes are the most warlike of the Arab communities in Israel, yet they are the most trusted. They are the most primitive, yet they are the favourites."Walter Schwarz, The Arabs in Israel (London: Faber and Faber, 1959), p. 148.
214. Since the early 1990s (when the Israeli-Palestinian negotiations began), an estimated five thousand Arab Israelis have enlisted in the IDF. See Rhoda Kanaaneh, "Embattled Identities: Palestinian Soldiers in the Israeli Military," Journal of Palestine Studies 32/3 (2003): 5-20.
215. See Ian Lustick, Arabs in the Jewish State: Israel's Control of a National Minority (Austin: University of Texas Press, 1980).
216. Kais Firru, "Reshaping Druze Particularism in Israel," Journal of Palestine Studies 30/3 (2001): 46.
217. This autarky is interpreted as a historical animosity between Druze and Muslims in Palestine, as evident in residential patterns: Druze have tended to live in geographically remote villages or in mixed villages (Christian and/or Muslim) but not among a majority of Muslims. See Kais Firru, "Druze Identity: The Historical Dimension," in The Druze in Israel (in Hebrew) (Haifa: University of Haifa, Occasional Papers on the Middle East, 1982).
218. Israeli scholars, beginning in the 1950s with Haim Blanc, fixated on taqiyya (usually translated as "dissimulation") to understand and explain Druze relations with others and their communal "behavior." According to Kais Firru, "taqiyya became for Israeli scholars and politicians the 'essence' of Druze existence." Firru, "Reshaping Druze Particularism," p. 47.
219. Jonathan Oppenheimer, "The Druze in Israel as Arabs and Non-Arabs: Manipulation of Categories of Identity in a Non-Civil State," in Studies in Israeli Ethnicity: After the Ingathering, ed. Alex Weingrod (New York: Gordon and Breach Science Publishers, 1985), p. 264.
220. The decision to ally with the Zionists came primarily from Sheikh Labib Abu Rukn of 'Usfiya and Sheikh Salih Kneifes of Shafa'amr, both of whom later became members of the Israeli Knesset.
221. See Laila Parsons, The Druze between Palestine and Israel, 1947-49 (New York: Oxford University Press, 2000).
222. Yoav Gelber, "Antecedents of the Jewish-Druze Alliance in Palestine," Middle Eastern Studies 31 (1995): 352-73.
223. and "Druze and Jews in the War of 1948," Middle Eastern Studies 31 (1992): 229-52.
224. See Ben-Dor, "The Military," p. 347.
225. Gabriel Ben-Dor, The Druzes in Israel: A Political Study (Jerusalem: Magnes University Press, 1979).
226. Yehuda Oliva, "Political Involvement of the Druse in Israel," in The Druse: A Religious Community in Transition, ed. Nissim Dana (Jerusalem: Israel Economist, 1980), p. 128.
227. Hillel Frisch, "The Druze Minority in the Israeli Military: Traditionalizing an Ethnic Policing Role," Armed Forces and Society 20 (1993): 52.
228. In the early years of Israeli statehood, a similar approach was tried unsuccessfully on Christian Palestinians. See Usama Halaby, The Druze in Israel: From Sect to Nation (in Arabic) (Majdal Shams, Golan Heights: Golan Academic Association, 1989).
229. According to Jonathan Oppenheimer, the ways in which Druze communal boundaries (endogamous) were politicized harmonized better with Jewish than Arab nationalism. This became the cornerstone of manipulation of Druze identity by the Israeli state. Oppenheimer, "The Druze in Israel," pp. 266-67.
230. All Israeli citizens are incorporated on the basis of some collective classi-Wcation (i.e., Jews, Arabs, Bedouin, Circassians).
231. See Ori Stendel, The Minorities in Israel: Trends in the Development of the Arab and Druze Communities (Jerusalem: Israel Economist, 1973), p. 103; Oppenheimer, "The Druze in Israel," p. 261.
232. Talal Asad, "Are There Histories of Peoples without Europe? A Review Article," Comparative Studies in Society and History 29 (1987): 606-7.
233. According to Hillel Frisch, "The IDF does not deliberately ethnicize the Druze. In fact, the opposite is true. The IDF is committed to integration and to the promotion of Druze on the basis of merit." Frisch, "The Druze Minority," p. 62.
234. See Frisch, "The Druze Minority," p. 93.
235. In the negotiations in the mid-1950s between Druze leaders and Israeli oYcials, it was agreed that Druze women would be excluded from conscription.
236. The Druze Zionist Organization, a group established to express and capitalize on support for state policies, requested permission to establish a Druze settlement in the territories, but the request was refused because only Jews are granted the "right" to settle.
237. Susan Berk-Seligson, The Bilingual Courtroom: Court Interpreters in the Judicial Process (Chicago: University of Chicago Press, 1990), p. 54.
238. Franz Kafka, The Trial, trans. Breon Mitchell (New York: Schocken Books, 1998), pp. 119-20.
239. See Austin Sarat and Stuart Scheingold, eds., Cause Lawyering: Political Commitments and Professional Responsibilities (New York: Oxford University Press, 1998).
240. Cause Lawyering and the State in a Global Era (New York: Oxford University Press, 2001).
241. See Richard Abel, Politics by Other Means: Law in the Struggle against Apartheid, 1980-1984 (New York: Routledge, 1995).
242. Stephen Ellman, In a Time of Trouble: Law and Liberty in South Africa's State of Emergency (New York: Oxford University Press, 1992).
243. Terrence Halliday, "Politics and Civic Professionalism: Legal Elites and Cause Lawyers," Law and Social Inquiry 24/4 (1999): 1016 (emphasis in original).
244. David Luban, Lawyers and Justice: An Ethical Study (Princeton, NJ: Princeton University Press, 1988), p. xxv.
245. Raja Shehadeh, Strangers in the House: Coming of Age in Occupied Palestine (South Royalton, VT: Steerforth Press, 2002), pp. 135-36.
246. Stanley Cohen, Denial and Acknowledgement: The Impact of Information about Human Rights Violations (Jerusalem: Center for Human Rights, Hebrew University, 1995), p. 5.
247. See Lawyers Committee for Human Rights, An Examination of Human Rights Workers and Lawyers from the West Bank and Gaza and Conditions of Detention at Ketziot (New York: Lawyers Committee for Human Rights, 1988).
248. Lawyers and the Military Justice System of the Israeli-Occupied Territories (New York: Lawyers Committee for Human Rights, 1992).
249. Felicia Langer, With My Own Eyes: Israel and the Occupied Territories, 1967-73 (London: Ithaca Press, 1975).
250. Langer published two other autobiographical accounts of her work: These Are My Brothers: Israel and the Occupied Territories, Part II (London: Ithaca Press, 1979).
251. An Age of Stone (New York: Quartet, 1988).
252. Israeli civilian lawyers were granted permission to represent Palestinian clients in the military courts on the basis of Military Order 145, which was promulgated in reaction to the West Bank lawyers' strike (see below).
253. See Nadim Rouhana, Palestinian Citizens in an Ethnic Jewish State: Identities in ConXict (New Haven, CT: Yale University Press, 1997).
254. See George Bisharat, Palestinian Lawyers and Israeli Rule: Law and Disorder in the West Bank (Austin: University of Texas Press, 1989).
255. "Jordan to Resume Paying Striking West Bank Lawyers," Jerusalem Post, January 10, 1986.
256. The application was based on Jordanian Law 11 of 1966. According to international humanitarian law, as an occupying force, Israel is obligated to preserve local laws, which served as the legal basis for the ALC's application.
257. East Jerusalem residents can join the Israel Bar Association, but few have chosen to do so.
258. This Wgure is based on combined estimates from Freih Abu Middain, then head of the GBA, and Ali Ghuzlan, head of the ALC.
259. See Marianne Heiberg and Geir Øvensen, Palestinian Society in Gaza, West Bank and Arab Jerusalem: A Survey of Living Conditions (Oslo: Fafo, 1993).
260. See Mona Rishmawi, "The Lawyers' Strike in Gaza," CIJL Bulletin, no. 21 (April 1988): 23-25.
261. See Lawyers Committee for Human Rights, Boycott of the Military Courts by West Bank and Israeli Lawyers, Background Memorandum (New York: Lawyers Committee for Human Rights, 1989).
262. Lawyers Committee for Human Rights, Boycott of the Military Courts, pp. 14-15.
263. Allegra Pacheco, introduction to The Case against Torture in Israel: A Compilation of Petitions, Briefs and Other Documents Submitted to the Israeli High Court of Justice, ed. Allegra Pacheco (Jerusalem: Public Committee against Torture in Israel, 1999), p. 9.
264. See George MoVett, "A Judicial System Where Even Kafka Would Be Lost: An Interview with Felicia Langer," Journal of Palestine Studies 20/1 (1990): 24-36.
265. Some lawyers implored Langer to turn over her Wles because they were an incomparable part of the historic record of the occupation, but she decided to destroy them before leaving the country.
266. See Lisa Hajjar, "Law against Order: Human Rights Organizations and (versus?) the Palestinian Authority," University of Miami Law Review 56 (October 2001): 59-76.
267. Rema Hammami, Jamil Hilal, and Salim Tamari, "Civil Society in Palestine," unpublished paper, 1999.
268. "Torts Law, Amendment 'Law for Handling Claims Related to IDF Activity in Judea and Samaria,'" was passed by the Israeli Knesset on July 24, 2002.
269. Public Committee against Torture in Israel, Lawyers Guide: Defending Detainees' Rights during Interrogation by the GSS (in Arabic) (Jerusalem: Public Committee against Torture in Israel, 2001).
270. Dan Rabinowitz and Khawla Abu-Baker, The Stand-Tall Generation (in Hebrew) (Jerusalem: Keter, 2002).
271. Haggai Finegold, "I Would Represent Bin Laden," Kolbo, September 13, 2002.
272. Raymonda Tawil, Women Prisoners in the Prison Country (Akka: Dar Al-Aswar, 1988; Arabic), p. 184.
273. Palestine Central Bureau of Statistics, Palestinians at the End of Year 2002(Ramallah, West Bank: Palestine Central Bureau of Statistics, 2002).
274. The Israel Defense Forces (IDF) Public Relations OYce does not keep records of totals. Human rights organizations obtain and report Wgures from the IDF on a year-by-year or month-by-month basis.
275. Khaled Al-Hindi, The Democratic Practice of the Palestinian Prisoners Movement (in Arabic) (Ramallah, West Bank: Muwatin, 2000). Al-Hindi calculated these Wgures from Amnesty International annual reports.
276. These Wgures are drawn from reports by Amnesty International, B'Tselem, the International Committee of the Red Cross, and Al-Haq.
277. "July 28, 2002: Latest Statistics for Palestinian Prisoners in Israeli Jails, Detention Centers and Interrogation Centers," retrieved March 3, 2004, from www.addameer.org/index2.html.
278. Uri Savir, The Process (in Hebrew) (Tel Aviv: Miskal-Yediot Aharonot Books, 1998), p. 237, quoted in Yoram Peri, The Israeli Military and Israel's Palestinian Policy (Washington, DC: U.S. Institute of Peace, 2002), p. 49.
279. Arthur Kleinman, "The Violences of Everyday Life: The Multiple Forms and Dynamics of Social Violence," in Violence and Subjectivity, ed. Veena Das, Arthur Kleinman, Mamphela Ramphele, and Pamela Reynolds (Berkeley: University of California Press, 2000), p. 226.
280. Michel Foucault, The History of Sexuality: An Introduction, vol. 1 (New York: Vintage Books, 1990), p. 93; see generally pp. 92-102.
281. See Esmail Nashif, "Identity, Community, and Text: The Production of Meaning among Palestinian Political Captives" (Ph.D. diss., University of Texas-Austin, 2004).
282. Julie Peteet, "Male Gender and Rituals of Resistance in the Palestinian Intifada: A Cultural Politics of Violence," American Ethnologist 21/1 (1994): 31-49.
283. Elaine Scarry, The Body in Pain: The Making and Unmaking of the World (New York: Oxford University Press, 1985), pp. 56-58.
284. Allen Feldman, Formations of Violence: The Narrative of the Body and Political Terror in Northern Ireland (Chicago: University of Chicago Press, 1991), pp. 138-46.
285. Approximately 180 Palestinians have died in interrogation since 1967. Palestinian Prisoner Society, "Palestinian Prisoners in Israeli Jails," Press Release No. 02, June 10, 2002.
286. James Ron was the principal investigator for Human Rights Watch, Torture and Ill-Treatment: Israel's Interrogation of Palestinians from the Occupied Territories (New York: Human Rights Watch, 1994).
287. See also James Ron, "Savage Restraint: Israel, Palestine and the Dialectics of Legal Repression," Social Problems 47/4 (2000): 445-72.
288. Frontiers and Ghettos: State Violence in Israel and Serbia (Berkeley: University of California Press, 2003).
289. See Catherine Cook, Adam Hanieh, and Adah Kay, Stolen Youth: The Politics of Israel's Detention of Palestinian Children (London: Pluto Press, 2003).
290. Although Israel ratiWed the UN Convention on the Rights of the Child in 1991, it refuses to regard this as binding vis-à-vis the treatment of Palestinian children for reasons related to the unresolved status of the West Bank and Gaza (see Chapter 2).
291. Anton Shammas, "A Stone's Throw," New York Review of Books, March 31, 1988.
292. More than 2 percent of Palestinian children (between the ages of nine and seventeen) were arrested during the Wrst intifada. James GraV, Palestinian Children and Israeli State Violence (Toronto: Near East Cultural and Educational Foundation of Canada, 1991), p. 110.
293. See Adam Hanieh, Adah Kay, and Catherine Cook, "Paying the Price of Injustice: Palestinian Child Prisoners and the UN Human Rights System," Middle East Report 229 (Winter 2003): 26-31.
294. Human Rights Watch, Torture and Ill-Treatment, p. 15.
295. Stanley Cohen and Daphna Golan, The Interrogation of Palestinians during the Intifada: Ill-Treatment, "Moderate Physical Pressure," or Torture? (Jerusalem: B'Tselem, 1991).
296. Human Rights Watch, Torture and Ill-Treatment, pp. 27-29, 61.
297. Yuval Ginbar and Yael Stein, Torture during Interrogations: Testimony of Palestinian Detainees, Testimony of Interrogators (Jerusalem: B'Tselem, 1994), p. 4.
298. The last method, subjection to loud and continuous noise, was added to the repertoire of interrogation tactics in 1992.
299. Eyad Sarraj and Sohail Salmi, Torture and Mental Health: The Experience of Palestinians in Israeli Prisons (Gaza: Gaza Community Mental Health Programme, 1993), p. 2.
300. Doron Meiri, "Torture Unit," Hadashot, February 24, 1992.
301. See Michal Sela, "Is It Permitted to Tie up, to Beat, to Cover?" Davar, May 16, 1993.
302. Tom Segev, "Our Man in Amnesty," Ha'aretz, June 18, 1993.
303. The medical Wtness form is reproduced in Ruhama Marton, "The White Coat Passes Like a Shadow," Challenge 4/4 (July-August 1993): 33.
304. Yuval Ginbar, Flawed Defense: Torture and Ill-Treatment in GSS Interrogations following the Supreme Court Ruling, 6 September 1999-6 September 2001 (Jerusalem: Public Committee against Torture in Israel, 2001).
305. See Soraya Antonius, "Prisoners for Palestine: A List of Women Political Prisoners," Journal of Palestine Studies 9/3 (1980): 29-80.
306. Walid Fahum, Birds of Neve Tirza (in Arabic) (Nazareth: Maktaba Al-Fahum, 1984).
307. Hunaida Ghanem, "Palestinian Women Political Prisoners," Palestine-Israel Journal 2/3 (1995): 32-36.
308. See Teresa Thornhill, Making Women Talk: The Interrogation of Palestinian Women Detainees (London: Lawyers for Palestinian Human Rights, 1992).
309. Nadira Shalhoub-Kevorkian, "Fear of Sexual Harassment: Palestinian Adolescent Girls in the Intifada," in Palestinian Women: Identity and Experience, ed. Ebba Augustin (London: Zed Books, 1993).
310. Simona Sharoni, "Homefront as BattleWeld: Gender, Military Occupation and Violence against Women," in Women and the Israeli Occupation: The Politics of Change, ed. Tamar Mayer (New York: Routledge, 1994).
311. Nada Muzzafar, "Women Defeat the Zionist Concentration Camps," Sawt al-mara'a 7 (1987).
312. quoted in Barbara Harlow, Barred: Women, Writing, and Political Detention (Hanover, NH: Wesleyan University Press, 1992), p. 18.
313. Fadl Yunis, Cell Number 7 (Amman: Dar Al-Jalil, 1983), pp. 76-77.
314. quoted in Harlow, Barred, p. 36.
315. See Nahla Abdo, "Women and the Intifada: Gender, Class and National Liberation," Race and Class 32/4 (1991): 19-34.
316. Islah Abdul-Jawwad, "The Evolution of the Political Role of the Palestinian Women's Movement in the Uprising," in The Palestinians: New Directions, ed. Michael Hudson (Washington, DC: Georgetown University, Center for Contemporary Arab Studies, 1990).
317. Simona Sharoni, "Every Woman Is an Occupied Territory: The Politics of Militarism and Sexism and the Israeli-Palestinian ConXict," Journal of Gender Studies 1/4 (1992): 447-62.
318. Gender and the Israeli-Palestinian ConXict: The Politics of Women's Resistance (Syracuse, NY: Syracuse University Press, 1995).
319. Julie Peteet, "Icons and Militants: Mothering in the Danger Zone," Signs 23/1 (1997): 122.
320. At the time, Ashrawi and Husseini were the spokespeople for the Palestinian delegation in the negotiations with Israel.
321. See Ehud Yaari, "The Line of Questioning," Jerusalem Report, July 15, 1993, p. 27.
322. Yizhar Be'er and Saleh Abdel-Jawad, Collaborators in the Occupied Territories: Human Rights Abuses and Violations (Jerusalem: B'Tselem, 1994).
323. Quoted in Ginbar and Stein, Torture during Interrogations, p. 9.
324. However, injuries resulting from interrogation are not unusual. In the 1991 B'Tselem study, eleven of the forty-one people in the sample were treated in hospitals as a result of their interrogation. Cohen and Golan, Interrogation of Palestinians.
325. The karate movement, composed of athletic clubs and competitions, was established to provide a creative outlet and to teach Palestinians self-defense.
326. E. Valentine Daniel, "Mood, Moment, and Mind," in Das, Kleinman, Ramphele, and Reynolds, Violence and Subjectivity, p. 352.
327. Harlow, Barred, p. 46.
328. Ze'evschi V and Ehud Yaari, "Israel's Prison Academies," Atlantic, October 1989, pp. 26-27.
329. For a history of hunger strikes among Palestinian prisoners, see Sick Prisoners Care Society, Intifada inside the Bars: Palestinian Prisoners on Hunger Strike, September 27-October 11, 1992 (Jerusalem: Sick Prisoners Care Society, 1993).
330. See Yezid Sayigh, Armed Struggle and the Search for a State: The Palestinian National Movement, 1949-1993 (New York: Oxford University Press, 1997).
331. See Jamal Nassar and Roger Heacock, Intifada: Palestine at the Crossroads (New York: Praeger Publishers, 1990).
332. Zachary Lockman and Joel Beinin, eds., Intifada: The Palestinian Uprising against Israeli Occupation (Boston: South End Press, 1989).
333. Shaul Mishal and Reuben Aharoni, Speaking Stones: Communiques from the Intifada Underground (Syracuse, NY: Syracuse University Press, 1994).
334. Graham Usher, Palestine in Crisis: The Struggle for Peace and Political Independence after Oslo, 2nd ed. (London: Pluto Press, 1997), p. 5.
335. Prior to the intifada, Israel encouraged and facilitated the rise of Islamist organizations on the assumption that this would foster divisions within Palestinian society and weaken the PLO. See SchiV and Ya'ari, Intifada, pp. 222-28.
336. See Ziad Abu-Amr, Islamic Fundamentalism in the West Bank and Gaza: Muslim Brotherhood and Islamic Jihad (Bloomington: Indiana University Press, 1994).
337. Muhammad Muslih, The Foreign Policy of Hamas (New York: Council on Foreign Relations, 1999).
338. See Sara Roy, "Gaza: New Dynamics of Civic Disintegration," Journal of Palestine Studies 22/4 (1993): 20-31; Usher, Palestine in Crisis.
339. PA obligations to maintain security and public order were set out in Articles XII-XV and Annex I of the 1995 Interim Agreement on the West Bank and Gaza, signed in Washington, D.C., on September 28, 1995.
340. See Lisa Hajjar, "Law against Order: Human Rights Organizations and (versus?) the Palestinian Authority," University of Miami Law Review 56/1 (October 2001): 59-76.
341. See Usher, Palestine in Crisis.
342. Although negotiations actually continued and even produced an agreement in January 2001, they were hobbled by the events and outcomes of the summit at Camp David in July, the start of the second intifada in September, and electoral politics in Israel and the United States (an election year in both countries).
343. See Graham Usher, "Facing Defeat: The Intifada Two Years On," Journal of Palestine Studies 32/2 (2003): 41-62.
344. Malcolm Feeley, The Process Is the Punishment: Handling Cases in a Lower Criminal Court (New York: Russell Sage Foundation), p. 187.
345. See Uzi Amit-Kohn, "The Criminal Justice System," in Israel, the "Intifada" and the Rule of Law, ed. David Yahav (Tel Aviv: Israel Ministry of Defense Publications, 1993).
346. Office of the Military Advocate General, Response of the IDF Military Advocate General's Unit to the Amnesty International Report on the Military Justice System in the Administered Areas (Tel Aviv: Office of the Military Advocate General, 1992).
347. Maya Rosenfeld, "I Now Have a New Identity: Interview with Tamar Peleg," Challenge 3/3 (June 1992): 9.
348. See Lisa Hajjar, "The Making of a Political Trial: The Marwan Barghouti Case," Middle East Report 225 (Winter 2002): 30-37.
349. See Amira Hass, "Incarcerated Palestinians Push for Boycott of Proceedings in Israeli Courts," Ha'aretz, October 3, 2002.
350. Arjan El Fassed, "Israel Resumes Trial against Barghouti," April 6, 2003, retrieved from www.electronicintifada.net.
351. Immanuel Kant, Perpetual Peace and Other Essays (Indianapolis, IN: Hackett Publishing, 1983), p. 110.
352. See Charles Enderlin, Shattered Dreams: The Failure of the Peace Process in the Middle East, 1995-2002, trans. Susan FairWeld (New York: Other Press, 2003).
353. Ari Shavit, "Cry the Beloved Two-State Solution," Ha'aretz, August 7, 2003.
354. Avraham Burg, "A Failed Israeli Society Collapses While Its Leaders Remain Silent," Forward, August 29, 2003.
355. Richard Falk, "Ending the Death Dance," Nation, April 7, 2002.
356. Ghassan Hage, "'Comes a Time We Are All Enthusiasm': Understanding Palestinian Suicide Bombers in Times of Exighophobia," Public Culture 15/1 (2003): 75.
357. Yoram Peri, The Israeli Military and Israel's Palestinian Policy: From Oslo to the Al Aqsa Intifada (Washington, DC: U.S. Institute of Peace, 2002), p. 31.
358. At the time, Sharon was preparing for the upcoming Israeli election in which he would run for prime minister.
359. Peri, Israeli Military, pp. 30-31.
360. Israel is not a signatory to Additional Protocol I and has refused to accept either of the two existing categories of conflict in international humanitarian law (i.e., "international" and "internal" war) as relevant to the second intifada, terming it instead a "war against terror.".
361. See Rema Hammami and Salim Tamari, "Anatomy of Another Rebellion," Middle East Report, no. 217 (Winter 2000): 2-15.
362. On September 7, 2001, Israel assassinated Abu 'Ali Mustafa, General Secretary of the Popular Front for the Liberation of Palestine (PFLP), and on October 17, the PFLP assassinated Israeli cabinet minister Rehavam Ze'evi in retaliation. Ze'evi's status as a member of the government and the timing of his killing (i.e., after 9/11) spurred major military assaults in a number of West Bank towns.
363. Alex Fishman, Yediot Aharonot, October 19, 2001, quoted in Tanya Rein-hart, Israel/Palestine: How to End the War of 1948 (New York: Seven Stories Press, 2002), p. 105.
364. For example, President Bush and Secretary of State Colin Powell both pronounced that a "viable Palestinian state" was necessary and inevitable and should be created through negotiations. But this outcome was held to be contingent on the PA leadership unequivocally renouncing and stopping "violence and terror directed against Israel.".
365. Armored Israeli bulldozers flattened the entire Hawashin district, demolishing more than one hundred multistory homes in this area of the Jenin refugee camp. The destruction left some four thousand people homeless, more than a quarter of the population of the camp.
366. Although at the time of the Jenin assault the U.S. government criticized the "excessive use of force," in preparing for the war on Iraq, American military officials studied Israeli tactics in Jenin as a model of successful "urban warfare" and bought from Israel nine of the armor-plated bulldozers. See Justin Huggler, "Israelis Trained US Troops in Jenin-Style Urban Warfare," Independent, March 29, 2003.
367. See Human Rights Watch, Jenin: IDF Military Operations (New York: Human Rights Watch, 2002).
368. Margolick, "Israel's Payback Principle," p. 51.
369. One difference between the wall being built in the West Bank and the Gaza wall (erected in 1994) is that the latter follows the Green Line (the 1949 armistice) and does not divide Palestinian areas within the Gaza Strip.
370. See "Maps," March 21, 2004, retrieved May 11, 2004, from http://stopthewall.org/news/maps.shtml.
371. In July 2004, the International Court of Justice, at the request of the UN General Assembly, issued an advisory opinion on the legal issues and consequences, concluding that the wall violates international law.
372. David Rieff, "Arafat among the Ruins," New York Times Magazine, April 25, 2004, pp. 52, 54. Rieff notes that "[t]he likelihood that only policy disagreements within the Israeli government, and American opposition to [Arafat's] assassination, were keeping him alive illustrated Palestinian powerlessness to Palestinians in a way that people on the West Bank described to me, over and over again, as unbearable" (p. 55).
373. See Michael Ignatieff, "Human Rights, the Laws of War, and Terrorism," Social Research 69 (Winter 2002): 1138-58.
374. See the special issue entitled "International Justice, War Crimes, and Terrorism: The U.S. Record," Social Research 69, no. 4 (Winter 2002).
375. Daphne Eviatar, "Civilian Toll: A Moral and Legal Bog," New York Times, March 22, 2003.
376. Anthony Dworkin, "Revising the Laws of War to Account for Terrorism: The Case against Updating the Geneva Conventions, on the Ground That Changes Are Likely Only to Damage Human Rights," Findlaw's Legal Commentary, February 4, 2003.
377. Steven Ratner, "Codifying the Unconventional," Crimes of War Project, January 30, 2003.
378. Kenneth Anderson, "Who Owns the Rules of War?" New York Times Magazine, April 13, 2003, p. 39.
379. Human Rights Watch, "Israel: Opportunistic Law Condemned," press release, March 7, 2002.
380. See Knut Dormann, "The Legal Situation of 'Unlawful/Unprivileged Combatants,'" International Review of the Red Cross 85 (2003): 461-86.
381. A prison camp at the U.S. military base in Guantanamo on the island of Cuba was designated to house prisoners characterized by the U.S. government as "unlawful combatants" in the war on terror.
382. See Jonathan Cook, "Facility 1391: Israel's Guantanamo," Le Monde Diplomatique, November 2003.
383. Dana Priest and Barton Gellman, "US Decries Abuse but Defends Interrogations: 'Stress and Duress' Tactics Used on Terrorism Suspects Held in Secret Overseas Facilities," Washington Post, December 26, 2002.
384. Seymour Hersch, "Torture at Abu Graib," New Yorker, May 10, 2004.
385. See also Lisa Hajjar, "Torture and the Future," Middle East Report Online, available at http://www.merip.org/mero/interventions/hajjar_interv.html.
386. Christopher H. Pyle, "Torture by Proxy," San Francisco Chronicle, January 4, 2004.
387. In 1977, in response to revelations of U.S. plots to kill several foreign leaders, President Gerald Ford promulgated Executive Order (EO) 11905, which prohibited any employee of the U.S. government "to engage in, or conspire to engage in, political assassination." That order was expanded by Jimmy Carter to include all types of assassinations. Ronald Reagan reissued the prohibition in EO 12333, which was maintained by George H. W. Bush and Bill Clinton.
388. See Seymour Hersch, "Manhunt: The Bush Administration's New Strategy in the War against Terror," New Yorker, December 23 & 30, 2002.
389. See Esther Schrader and Josh Mayer, "US Seeks Advice from Israel on Iraq," Los Angeles Times, November 22, 2003.
390. Dexter Filkins, "Tough New Tactics by US Tighten Grip on Iraqi Towns," New York Times, December 7, 2003.
391. Military Order of November 13, 2001, "Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism," retrieved April 26,2004, from www.whitehouse.gov/news/releases/2001/11/20011113-27.html.
392. See Aryeh Neier, "The Military Tribunals on Trial," New York Review of Books, February 14, 2002, pp. 11-15.
393. "ACLU Comments on Draft Military Commission Instruction, 'Crimes and Elements for Trials by Military Commissions,' released on February 28, 2003," letter from the American Civil Liberties Union to William J. Haynes II, General Counsel, [U.S.] Department of Defense, March 19, 2003.
394. Human Rights Watch, "Human Rights Watch BrieWng Paper on US Military Commissions," June 25, 2003.
395. Edward Alden, "National Security versus Due Process," Financial Times, July 15, 2003.
396. See Lisa Hajjar, "From Nuremberg to Guantanamo: International Law and American Power Politics," Middle East Report 229 (Winter 2003): 8-15.
397. Oren Gross, "Chaos and Rules: Should Responses to Violent Crises Always Be Constitutional?" Yale Law Journal 112 (March 2003): 1011-1134.
398. See Comments on Issues Relating to Palestinian Detainees in the Third Periodic Report of the State of Israel Concerning the Implementation of the International Covenant on Civil and Political Rights (Jerusalem: LAW, PCATI, and the World Organization against Torture [OMCT], 2002).
399. See Siham Thabet v. Prime Minister of Israel Ariel Sharon et al. HJC 192/01; PCATI, The Assassination Policy of the State of Israel, November 2000-January 2002 (Jerusalem: Public Committee against Torture in Israel, 2002). Although the Human Rights Committee of the Israel Bar Association (IBA) declared assassinations illegal, the IBA refused to adopt this as their position.