Reading Group: The Law of Occupation – Palestine/Israel
Spring 2018, Tuesdays 5:00-7:00 pm
Facilitator: Katherine Franke
This reading group will introduce the participants to the law of occupation, specifically in the context of Israel and Palestine. Occupation has been defined as “effective control of a power (be it one or more states or an international organization, such as the United Nations) over a territory to which that power has no sovereign title, without the violation of the sovereign territory.” This reading group will explore the legal, political and moral underpinnings and consequences of occupation; will examine how international law defines and regulates occupation, and differentiates legal from illegal occupation and colonialism.
The reading group will meet six times during the spring semester for 2 hours each session. Sessions will be co-facilitated by one or more instructor and by one or more of the student participants. Participants are expected to attend and participate in all sessions, and read or view the assigned materials. All participants will also be encouraged to share facilitator roles in class, and contribute assigned materials.
There are no prerequisites, and participants of all backgrounds and disciplines are welcome, but those who sign up for the reading group should be prepared to dedicate time to preparing for sessions and taking part in rigorous discussions.
Below is a tentative Syllabus. Readings and the sequence of sessions are subject to change. Where a film is listed as part of the syllabus, we will watch it together during our meeting, followed by a discussion of the film and other assigned reading. Hard copies of the readings will be available at the law school Secretariat's office (7th floor) and at the CPS office.
Meetings will take place in the following site on the following dates:
Tuesday, 1/23 - Jerome Greene Hall Case Lounge/Room 701
Tuesday, 2/6 - Jerome Greene Hall Case Lounge/Room 701
Tuesday, 2/20 - Jerome Greene Annex (next to Faculty House)
Tuesday, 3/6 - Jerome Greene Annex (next to Faculty House)
Tuesday, 3/20 - Jerome Greene Hall Case Lounge/Room 701
Tuesday, 4/3 - Jerome Greene Hall Case Lounge/Room 701
January 23rd: Session 1 – International Legal Texts - Jerome Greene Hall Case Lounge/Room 701
The first session will introduce the participants to the legal texts relevant to the law of occupation
- Geneva Convention III: Articles 1-4
- Geneva Convention IV 1907: Section Three – Occupied Territories – Articles 47-56
- Geneva Convention IV 1949: Section Three – Occupied Territories – Articles 47-78
- Additional Protocols I and II
- Eyal Benvenisti, The International Law of Occupation, pages 3-31
- Adam Roberts, What is Military Occupation, 55 BYIL 249 (1985)
- DISPUTED TERRITORIES- Forgotten Facts About the West Bank and Gaza Strip, Israel Ministry of Foreign Affairs, 1 February 2003
- Levy Commission Report on the Legal Status of Building in Judea and Samaria, 21, June 2012 (esp. pp. 5-13)
- Yesh Din, A Legal Analysis of the Report of the Committee to Examine the Status of Building in Judea and Samaria [the West Bank] (“The Levy Committee”) – International and Administrative Aspects, January 2014
- UN General Assembly, Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the Occupied Syrian Golan, 9 December 2015
February 6th: Session 2 – Background on Israel/Palestine and Occupation - Jerome Greene Hall Case Lounge/Room 701
February 20th: Session 3 – Case Study: Sheikh Jarrah - Jerome Greene Annex (next to Faculty House)
March 6th: Session 4 – Technologies of Occupation - Jerome Greene Annex (next to Faculty House)
- Franz Fanon, On Violence, in The Wretched of the Earth (1963)
- ICJ Advisory Opinion, Legal Consequences Of The Construction Of A Wall In The Occupied Palestinian Territory, summary (2004)
- Katherine Franke, Dating the State, 44 Columbia Human Rights Law Review 1 (2012)
- J. Kēhaulani Kauanui and Patrick Wolfe, Settler Colonialism Then and Now, Politica & Societa (2012)
March 20th: Session 5 – Is Law the Solution or the Problem? - Jerome Greene Hall Case Lounge/Room 701
- Darryl Li, Occupation Law and the One-State Reality, Jadaliyya, August 2, 2011 http://www.jadaliyya.com/pages/index/2295/occupation-law-and-the-one-sta...
- Noura Erakat, Lisa Hajjar, Dena Qaddumi and Ahmed Barclay, Asli Bali, Nimer Sultany, Darryl Li, Roundtable on Occupation Law: Part of the Conflict or Part of the Solution? September 11, 2012, http://www.jadaliyya.com/pages/index/7325/roundtable-on-occupation-law_p...
April 3rd: Session 6 – Has The Exception Become The Norm? - Jerome Greene Hall Case Lounge/Room 701
- Aeyal Gross, The Writing on the Wall (2017) Chapter 5
- Michael Lynk, Situation Of Human Rights In The Palestinian Territories Occupied Since 1967, Report of the Special Rapporteur On The Situation Of Human Rights In The Palestinian Territories Occupied Since 1967, October 23, 2017