Human Proportions: Are Human Rights the Emperor's New Clothes of the International Law of Occupation?

Gross, Aeyal

doi:10.1093/ejil/chm001

Cited by 69 publications

(16 citation statements)

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“…In January 2015, the State of Palestine accepted the Rome Statute of the International Criminal Court (ICC) and, accordingly, ICC jurisdiction. Although beyond the immediate scope of the paper, the humanitarian and legal implications of defining the occupation and obligations under international law have been presented in a variety of forms (e.g., Cohen and Arieli 2005;Droege 2007;Gross 2007;Darcy and Reynolds 2010;Kretzmer 2012;Greenblatt 2014). Throughout the present paper, therefore, the term "Palestine" will be utilized in reference to the most recent United Nations and International Criminal Court recognized designations of the occupied Palestinian territories (Gaza Strip, West Bank, and East Jerusalem).…”

Section: Introductionmentioning

confidence: 99%

Documenting the complex relationship between self-efficacy, resiliency, and workplace empowerment: a case study of humanitarian workers in Palestine

Bonnan-White

Issa

2016

Int J Humanitarian Action

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There remains a critical gap in understanding challenges faced by humanitarian workers who may be key in providing assistance during complex emergencies. This study examines self-reported views by humanitarian workers working in Palestine concerning three concepts: resilience, generalized self-efficacy, and importance of workplace empowerment. Aid workers in Palestine face unique obstacles placed on economic, social, and political autonomy imposed by Israeli policy. Data obtained from 46 humanitarian workers recruited using snowball sampling methodology hint at a complex relationship between the three concepts. Firstly, a hypothesized positive relationship between resiliency and generalized self-efficacy was supported. Secondly, an unexpected negative relationship was found between resiliency and workplace empowerment. Finally, counter to our hypothesis, no significant relationship was found between self-efficacy and workplace empowerment. Gender differences also highlight disparities between the experience of women and men in the non-profit workplace in Palestine. This study adds to our knowledge regarding unique stresses on humanitarian workers and enhances a growing base of literature focused on national staff and volunteers.

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Section: Introductionmentioning

confidence: 99%

Documenting the complex relationship between self-efficacy, resiliency, and workplace empowerment: a case study of humanitarian workers in Palestine

Bonnan-White

Issa

2016

Int J Humanitarian Action

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“…The diminished deference may thus be a revised tool for maintaining the overall perceived legitimacy of the system (cf. Shamir 1990; Kretzmer 2002; Gross 2007). We therefore do not make the claim here that this diminished deference necessarily entails a greater protection of human rights de facto.…”

Section: Discussionmentioning

confidence: 99%

“…In these high‐profile cases, the Court showed willingness, at least as a matter of principle, to favor human rights considerations over security ones. While one could certainly question whether these judgments truly curtail the IDF or rather serve to legitimize 2 other problematic practices associated with the occupation (see Imseis 2001; Kretzmer 2002; Gross 2007; Sultany 2007), it would be difficult to deny that these judgments portray the Court as more open to intervening in military decisions. But the Abu‐Dahar decision is arguably even more remarkable because the ruling on such a specific and relatively mundane issue demonstrates the degree to which the Court is actually willing to intervene in cases involving the discretion of the commander.…”

Section: Introductionmentioning

confidence: 99%

Prolonged Armed Conflict and Diminished Deference to the Military: Lessons from Israel

Davidov¹,

Reichman²

2010

Law soc. inq.

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We examine whether the level of deference shown by the Israeli Supreme Court to military decisions has changed over time by empirically analyzing the entire body of Supreme Court decisions in petitions against the military commander between 1990 and 2005. Setting forth a number of different factors that might generally affect the degree of deference to state agencies, we hypothesized that there would be a decrease in deference in the relationship between the Court and the military commander during the examined period. Our findings show that deference to the military commander has indeed diminished significantly. We argue that this is best explained by the continuation of the armed conflict (and its aftermath, namely, the routinization and increase in the number of petitions by the civilian population) and also—to some extent—by the rise of a substantive rule‐of‐law legal consciousness, central to which is the importance of human rights.

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“…In this perspective, Neve Gordon (2014) argues that the state discursively constitutes human rights organisations as a security threat. Aeyal Gross (2007) suggests that the Israeli discourse on human rights positions the rights of Israelis as 'security interests' and Palestinians' rights as simply "rights," This difference implies that the former systematically outweigh the latter "because proportionality analysis justifies limiting rights in the name of security as long as those limits are proportional, and because courts tend to defer to security arguments, the occupiers' rights often prevail over those of the occupied" (Gross 2007, 8). The gist of these analyses echoes the inherent tension between the Zionist project and the ethos of equality embedded in democratic institutions.…”

Section: Limitations Of Litigationmentioning

confidence: 99%

Human rights litigation and the transition from policing to warfare: the case of Israel and its governance of the West Bank and Gaza in the Al-Aqsa Intifada

Geva

2017

The Journal of Legal Pluralism and Unofficial Law

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This article explores the relationship between human rights NGOs and state/military policies in the case of Israeli organisations operating in West Bank and Gaza. The article focuses on a period of fundamental change in Israel's management of the West Bank and Gaza unfolding alongside the Al-Aqsa Intifada, a transition from a framework of policing to a framework informed by the logic of war. It argues that NGO litigation, in this case, aided broader legal/political shifts that drifted away from a human rights agenda. Based on the Israeli/Palestinian case, the article aims to contribute to scholarship critically reflecting on human rights NGOs' position vis-à-vis the state and broader geo-political processes of change.

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Human Proportions: Are Human Rights the Emperor's New Clothes of the International Law of Occupation?

Cited by 69 publications

References 0 publications

Documenting the complex relationship between self-efficacy, resiliency, and workplace empowerment: a case study of humanitarian workers in Palestine

Documenting the complex relationship between self-efficacy, resiliency, and workplace empowerment: a case study of humanitarian workers in Palestine

Prolonged Armed Conflict and Diminished Deference to the Military: Lessons from Israel

Human rights litigation and the transition from policing to warfare: the case of Israel and its governance of the West Bank and Gaza in the Al-Aqsa Intifada

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