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Description
On December 27, 2008, Israel began a military campaign codenamed Operation Cast Lead with an aerial bombardment of the Gaza Strip. On January 3, 2009, Israel expanded its aerial assault with a ground invasion. Military operations continued until January 18, 2009, when Israel implemented a unilateral cease fire and withdrew its forces. When the hostilities had ended, between 1,166 and 1,440 Palestinians had been killed as a result of Israeli attacks, two-thirds of whom are estimated to be civilians. Ensuing allegations of international human rights (IHR) and international humanitarian law (IHL) violations were widespread. Amidst these claims, the United Nations Human Rights Council (UNHRC) commissioned a fact-finding team, headed by South African jurist Richard Goldstone, to investigate whether the laws of war were infringed upon. Their findings, published in a document known colloquially as the Goldstone Report, allege a number of breaches of the laws of occupation, yet give a cursory treatment to the preliminary question of the applicability of this legal regime. This paper seeks to more comprehensively assess whether Gaza could be considered occupied territory for the purposes of international humanitarian law during Operation Cast Lead. In doing so, this paper focuses on exactly what triggers and terminates the laws of occupation`s application, rather than the rights and duties derived from the laws of occupation. This paper proceeds with a brief discussion of the history of the Gaza occupation, including Israel`s unilateral evacuation of ground troops and settlements from within Gaza in 2005, a historic event that sparked renewed debate over Israel`s status as an Occupying Power vis-à-vis Gaza. The following section traces the development of the laws of occupation in instruments of IHL. The next section considers the relevant international case law on occupation. The following section synthesizes the various criteria from the IHL treaty and case law for determining the existence of a situation of occupation, and considers their application to the Gaza Strip during Operation Cast Lead. The concluding section argues that Israel maintained the status of Occupying Power during Operation Cast Lead, and discusses the legal implications of such a determination.
ContributorsNaser, Sam (Author) / Simmons, William (Thesis advisor) / Sylvester, Douglas (Committee member) / Rothenberg, Daniel (Committee member) / Arizona State University (Publisher)
Created2011
Description
Arguing for the importance of decolonial pedagogy in human rights education, this research is located at the intersection of human rights education, pedagogy, and justice studies, and is situated in the context of a contested neoliberal university in order to learn about and understand some of the challenges in implementing pedagogical change inspired by decolonial theory. This research focuses on pedagogical approaches of human rights professors to understand how and to what extent they are aligned with and informed by, incorporate, or utilize decolonial theory. This is accomplished through a content analysis of their syllabi, including readings and pedagogical statements, and semi-structured interviews about their praxis to draw attention to the what and how of their pedagogical practices and the ways in which it aligns with a decolonial pedagogical approach. This research calls attention to the specific manner in which they include decolonial pedagogical methods in their human rights courses. The findings determined that a decolonial pedagogical approach is only just emerging, and there is a need to address the barriers that impede their further implementation. In addition, there is a need for research that will further investigate the pedagogical approaches professors are employing, particularly those in alignment with decolonial criteria; the impact of decolonial and non-decolonial approaches on students’ epistemologies, and how to overcome barriers to advance implementation of a decolonizing pedagogical approach.
ContributorsAldawood, Danielle (Author) / Gomez, Alan (Thesis advisor) / Simmons, William (Committee member) / Rothenberg, Daniel (Committee member) / Arizona State University (Publisher)
Created2018