CIAO DATE: 09/2011
Volume: 40, Issue: 4
Summer 2011
Rashid I. Khalidi
Salvage or Plunder? Israel's "Collection" of Private Palestinian Libraries in West Jerusalem
Gish Amit
Israeli Supreme Court Doctrine and the Battle over Arab Land in Galilee: A Vertical Assessment
Geremy Forman
In the mid-1950s, the overwhelmingly Arab central Galilee became the first regional focus of Israeli land-claiming in the context of state efforts to Judaize the region. This article examines the land-related judicial doctrines adopted by the Israeli Supreme Court through the early 1960s that facilitated this endeavor. While previous academic work on the evolution of these doctrines depicts a “horizontal” process proceeding from one SC precedent to another, this article employs a “vertical” approach that focuses on the role of litigant argument and lower-court rulings. The main finding is that in these disputes, SC justices did not merely rule in favor of the state, but consistently adopted the legal arguments advanced by the state, transforming them into SC doctrine and the law of the land. IN THE LATE 1950s, the central Galilee became the site of a judicial battle over land rights between the Israeli government and the region’s Palestinian inhabitants. The thousands of legal disputes were products of the ongoing struggle between Jews and Arabs over land in the country that began under Ottoman rule and intensified during the British Mandate over Palestine. With the flight and expulsion of much of the country’s Arab population and the establishment of the State of Israel in 1948, the struggle was transformed into one between the new Jewish state and its Palestinian minority, with Israeli officials using state-held land to intensify Jewish control and state law to expand beyond recognition the stock of land available for this purpose. A pivotal component of Israeli law that enabled the state to increase its landholdings, first in the Galilee and subsequently in other regions, was the land-related judicial doctrines institutionalized by the Israeli Supreme Court (SC) in the early 1960s, just as the judicial struggle over land in the Galilee was reaching its height. These doctrines expanded the legal definition of state land employed during land-title settlement and limited the ability of private claimants to acquire title, thereby strengthening the hand of the government at the expense of local residents. Because the lion’s share of unregistered land in Israel was located in predominantly Arab areas, and because most land registered in the name of the state during the process was designated for Jewish settlement, these doctrines must be understood as having helped provide the territorial foundations for Judaization and shape Jewish-Arab ethnonational geographies of power in the young country. Although these doctrines’ histories have been explored elsewhere, this article examines their evolution from a different perspective. Instead of approaching the doctrines primarily as SC creations and following their evolution “horizontally,” from one SC precedent to another as most legal scholars do, I focus on the origins of the fundamental principles by investigating the sources of the key ideas advanced by the authoring justices. This line of inquiry is particularly relevant, because a major point of contention in the writings of Israeli legal scholars has been the degree to which these justices were influenced by state interests and Zionist ideology, an arguably futile debate considering the absence of documentary evidence regarding the justices’ inner thoughts and motivations at the time. However, by expanding exploration “vertically” beyond legal scholarship’s traditional focus on upper-court rulings and incorporating the lower courts into our analysis, we gain a relatively clear understanding of where justices got their ideas. Although this vertical approach makes intuitive sense, I was nonetheless surprised by the consistency of my findings. In each doctrine examined for this article—the admissibility of aerial photographs, the “50-percent rule,” and the tripartite changes regarding Mewat land—lower-court rulings were by far the most important source of the arguments advanced by the authoring justices. And these rulings, in turn, most often replicated the arguments of Israeli state attorneys. In this way, doctrines evolved not only horizontally from one SC ruling to another, but also (and, in most cases, primarily) vertically, between the lower court (in this case, the Haifa District Court) and the SC. Moreover, while focusing on the horizontal evolution of these doctrines based on SC rulings alone may leave the sources of justices’ ideas shrouded and unclear, exploring their vertical evolution based on lower-court and SC archives reveals a clear flow of doctrinal components from initial litigant arguments before the lower courts to the institutionalization of binding judicial doctrine. A vertical approach to the evolution of judicial doctrine has far-reaching implications for our understanding of Israeli executive-branch influence on the land-related judicial doctrines of the late 1950s and early 1960s. In contrast to previous scholarship, which concentrates on the degree to which doctrines favored state claims, factors motivating justices’ rulings, and SC interventions, this approach focuses on the role of litigant argument and lower-court rulings in doctrine evolution. My main finding is that, in these disputes, SC justices did not simply rule in favor of the state but rather consistently adopted the legal arguments advanced by the state, transforming them into SC doctrine and the law of the land. The State of Israel v. the Palestinians of the Galilee: “Playing for Rules” during the Special Land Settlement Operation By the mid-1950s, the overwhelmingly Arab central Galilee had become the focal point of the Jewish-Arab struggle over land and the first regional focus of Israeli state land-claiming. There were two reasons for this. First, the area was almost all Palestinian in population and land ownership and had not been allocated to the proposed Jewish state by the 1947 UN partition plan. Although the Galilee (like most Arab areas of the country) remained under military rule between 1948 and 1966, many Israeli officials still regarded the demographic and sociospatial conditions there as a threat to Israeli security and sovereignty. It was in this context that efforts to “Judaize the Galilee” through Jewish settlement began in the early 1950s. Second, the region had not yet undergone settlement of title, or “land settlement”—a comprehensive system of survey, mapping, private and state land-claiming, and land registration initiated by the Mandate government and adopted by Israel in 1948. According to the terms of the system, this meant that the state’s recognition of ownership rights in the region had not yet been finalized. From the outset, securing title of state-owned land to ensure sufficient territory for Judaization of the Galilee was a major Israeli concern. To this end, government agencies embarked on a systematic campaign of state land-claiming in the region. The land claimed by the state in the Galilee fell into two general categories: 1) privately owned Palestinian land expropriated en masse in the wake of the 1948 war, claimed by the Custodian of Absentee Property (CAP) and the Development Authority; and 2) “unassigned state land,” a term used by state authorities to refer to various types of land to which bare title was held by the state and to which individuals were unable to establish private rights to the satisfaction of the authorities. Israeli officials were troubled by the incomplete nature of the Galilee land registries and their belief that, since 1948, Galilee Arabs had “seized” large areas of state land. In 1954, these officials began calling on the government to accelerate Galilee land settlement to clarify the situation.
Palestinian Citizens of Israel and the Discourse on the Right of Return, 1948–59
Maha Nassar
This article traces the evolving discourse on the "right of refugee return"among the Palestinian citizens of Israel during the first decade of Israeli statehood, with emphasis on the role of the local Arabic press in shaping and reflecting that discourse. More particularly, it focuses on al-Ittihad, the organ of the communist party (MAKI), which paid the greatest attention to the refugee issue. In tracing the party's shift from a humanistic/anti-imperialist stance on the issue to one emphasizing the refugees' inalienable right to return, the article sheds light on MAKI's political strategy vis-à-vis the Palestinian minority. It also illustrates the political vibrancy in the early years of the community, generally viewed simplistically in terms of a pre-1967 quiescence and post-1967 politicization..
In late autumn 1959, Saliba Khamis, a Palestinian member of the Israeli Communist Party (ha-Miflagah ha-Komunist ha-Yisra'ilit-MAKI) central committee, wrote an essay in the party's Arabic-language newspaper, al-Ittihad (The Union), reviewing the ongoing attempts to compensate and resettle Palestinian refugees outside Israel. In his view, such offers would never succeed because of "the vigilance of the refugees themselves and their strong insistence on their right to return to their country." Khamis's invocation of "rights" (huquq) permeated his analysis, appearing fourteen times in his half-page essay.# His comments also reflected a shift in thinking of many Palestinian MAKI leaders during the first decade of Israeli statehood.
As the only legal non-Zionist party during the 1950s, MAKI was the political home for many Palestinian citizens of Israel who held Arab nationalist beliefs but had no other outlet for political expression. Like its predecessor, the Palestine Communist Party (PCP), MAKI's platform stressed internationalism and Arab-Jewish brotherhood, though disagreements over the party's attitude toward Arab and Jewish nationalism occasionally led to tensions within the party. In 1944, Arab leaders broke away from the PCP to form the National Liberation League (NLL), which had a closer affinity to Arab nationalist positions. Although the Jewish and Arab branches reunited in 1948 to form MAKI, such disputes once again led to the party's split in 1965 into the predominantly Jewish MAKI and largely Arab RAKAH parties. During the period under review, MAKI's Arab and Jewish leaders worked together to maintain an internationalist outlook while tailoring their political messages to appeal to their respective communities.
Given the disproportionately large Arab makeup of the party, MAKI's Arab leaders used their party's publications to enhance their reputation as the champion of Israel's Palestinian minority and to convince readers to vote for MAKI in parliamentary elections. While we cannot know with certainty how widespread the views expressed in al-Ittihad actually were, a close review of the paper gives us insight into the political positions MAKI leaders believed would resonate in the Palestinian community, thus providing us with a useful lens through which to examine Palestinian political discourse in Israel during its early years. Reports and editorials that appeared in al-Ittihad throughout this period show how two threads in the discourse on return developed, crystallized, and ultimately converged.
Initially, the few articles written on this subject were by party leaders with a strong pro-Soviet tilt and were aimed at convincing Israeli decision makers to allow refugees to return to their original homes and lands on humanistic and anti-imperialist grounds. However, by 1959, a host of regional and domestic factors led al-Ittihad to emphasize the collective and inalienable right of Palestinian refugees-both the "external" refugees mainly in the surrounding states and the "internal" refugees still in Israel but prevented from returning to their villages-to do so. These factors included mounting Palestinian calls for the right of return, which, coupled with growing Soviet support on the issue, gave MAKI some of the political cover it needed to take a stronger stance. At the same time, competition with the newly formed Arab nationalist group al-Ard and the leftist-Zionist party MAPAM for the political support of Palestinian Israelis, along with pressure from internal refugees themselves, further convinced MAKI's Arab leaders to emphasize the refugees' right of return-a position they have held ever since. This confluence of domestic and regional developments makes 1959 a useful endpoint for our discussion of MAKI's transformation.
Understanding how and why these changes occurred not only gives us keen insight into the dynamics of Palestinian activism in Israel during this early period but also demonstrates that the direction of this activism was often bottom-up rather than top-down. Furthermore, it shows how al-Ittihad helped connect the geographically and politically isolated Palestinians in Israel to the rest of the Arab world, paving the way for a reunited Palestinian political entity in the post-1967 era.
The refugee issue is one of the most contentious of the Arab-Israeli conflict. Palestinians have long argued they have a legal right to return to their homes in historic Palestine. This was based in part on the Universal Declaration of Human Rights provision, "Everyone has the right to leave any country, including his own, and to return to his country," as well as on UN General Assembly Resolution 194 (III), which recognizes "that the refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property."Israel, however, has maintained that Palestinians do not have a legal right to return and that a solution to the refugee problem must be part of a broader peace agreement focused on the resettlement of refugees. While Israel did allow a few thousand refugees to be repatriated under family reunification provisions negotiated at the Lausanne conference in 1949, it has resisted pressures to accept large numbers of refugees since then.
Much of what has been written on the Palestinian refugees has focused on the origins of the problem and their prospects for return. Studies of internal Palestinian refugees in Israel have outlined the mechanisms by which they were deprived of access to their lands and their own attempts to return. Less attention has been paid to how Palestinians in Israel viewed the refugee issue as a whole, especially during the early years of the state. One reason for this may be the fact that Palestinian citizens of Israel are often viewed as having been quiescent prior to 1967, whereas after 1967, exposure to Palestinians in the newly occupied territories and in exile led them to challenge government policies more forcefully. This was certainly true to some degree: the military government imposed on the community between 1948 and 1966, coupled with land confiscations, economic discrimination, and travel restrictions, greatly hindered any attempt at political mobilization during that period. Nonetheless, bisecting the political history of Palestinian Israelis into "pre-1967" and "post-1967" periods glosses over more nuanced developments within the community during the early years of the state. Among the aims of the present study is to determine when the concept of "right of return" became commonly used in MAKI's discourses on refugees.
Palestine in Egyptian Colloquial Poetry
Noha Radwan
Shi’r al-‘ammiyya is a poetry movement whose emergence in Egypt in the early 1950s coincided with the heyday of Nasser’s revolution, when the Palestine question was a national concern. With numerous practitioners today, the movement has yielded a large corpus of colloquial poetry that has become a significant part of Egypt’s cultural landscape. This article presents a historical survey of shi’r al-‘ammiyya’s best known poets—Fu’ad Haddad, Salah Jahin, and ‘Abd al-Rahman al-Abnudi—and their poems on Palestine. Among the essay’s aims is to dispel the common misconception that the use of colloquial Egyptian (‘ammiyya denotes parochial rather than pan-Arab concerns, with the standard (fusha) Arabic seen as a signifier of pan-Arab identity. In an essay on the poetics of Arab nationalist literature, Palestinian scholar Yasir Suleiman recalled a scene from his childhood: I remember as a little boy going to see an Egyptian film about Jamila with my cousins in . . . Jerusalem in the late 1950s. The whole cinema was in tears and people spoke about Jamila’s legendary courage and the barbarity of the French for weeks after that. The film helped make the struggle of the Algerian people ‘real’ and made us all feel ‘Algerian.’ When we related the story of the film to my mother, she said ‘We are all in the same boat.’ We all understood what she meant: Algeria is Palestine and Palestine is Algeria. As a tool of mobilization, the film was very successful indeed. < The film to which Suleiman is referring is Jamila al-Jaza’iriyya (Jamila The Algerian, 1958) by the Egyptian director Yusuf Chahine. That the movie was a “tool of mobilization” against the Zionist occupation of Palestine as well as against the French occupation of Algeria was not an accident, any more than was the choice of Egyptian colloquial, ‘ammiyya, for the movie dialogue. There is no need to speculate about whether the Algerian people’s struggle would have been any less “real” for the Jerusalem audience if Chahine had chosen to use the literary, fusha, register for his film, or about whether the Jerusalemites would have identified more with the “Algerians” had the actors spoken the Algerian dialect, impenetrable to Palestinians. It is enough to point out that the choice of the Egyptian colloquial seemed so “natural” that it did not even warrant mention by Suleiman, whose interest in the film lay in its emotive and political impact on a Palestinian audience. Chahine’s Jamila spoke to the entire Arab audience from the “ocean to the gulf” in a language familiar to them from Egypt’s robust cinema industry and radio, the period’s most powerful tool of mass communication. As Albert Hourani wrote, This was the age of radio too. Radio sets were imported on a large scale in the 1940s and 1950s. By 1959 there were 850,000 in Egypt and half a million in Morocco, and each set might be listened to by dozens of people, in cafes or village squares. . . . Every government had its own radio station. . . . A large proportion of the programmes sent out by all stations—talks, music and plays—originated in Cairo, and they too spread a knowledge of Egypt and its ways of speech. . . . Certain Egyptian voices became familiar everywhere—that of the country’s ruler, Jamal ‘Abd al-Nasir, and that of the most famous of Egyptian singers, Umm Kulthum; when she sang, the whole Arab world listened. It was in this sociolinguistic milieu that shi’r al-‘ammiyya al-misriyya, an Egyptian poetry movement, one of whose main characteristics is its use of colloquial Egyptian, emerged in the early 1950s. A Modern Movement and Its Antecedents Shi’r al-‘ammiyya poets wrote on a variety of themes, but the poems analyzed in this article concern only the Zionist occupation of Palestine, its calamitous consequences, and Arab reaction to these events. These poems establish their authors’ commitment to the Palestinian struggle for liberation and the role Egypt must assume in this struggle, a commitment taken here as signifying an embrace of a pan-Arabist political agenda. Any ostensible discrepancy between embracing a pan-Arabist agenda and the choice of the colloquial over the literary language hailed as a hallmark of Arab identity can be dispelled through knowledge of the special status enjoyed by the Egyptian colloquial since the 1940s. On the literary spectrum, it is important to note that shi’r al-‘ammiyya is not an extension of earlier traditions or movements using colloquial verse. Rather, it is a modern movement that originated in the 1950s in the poetry of Fu’ad Haddad (1927–1985) and Salah Jahin (1930–1986), poets infused by the new poetic sensibilities of the wider movement of modern/modernist Arabic poetry of the late 1940s. Colloquial poetic expression has existed in multiple folkloric forms at least since the early Abbasid period in the ninth century, and many of these forms continue to enjoy wide popularity in Egypt and other parts of the Arab world. As will be seen below, the poets of shi’r al-‘ammiyya at times engage these colloquial traditions, but as part of the engagement with tradition shared by modern/modernist Arabic poetry movements as a whole. In this respect, it is important to distinguish shi’r al-‘ammiyya from two earlier movements of colloquial Egyptian verse that were part of the Egyptian cultural landscape at the time when shi’r al-‘ammiyya’s emerged. The first is a modern manifestation of the poetic genre zajal as practiced by Bayram al-Tunisi (1893–1961) and an earlier generation of zajal composers whose works were widely published between the mid-nineteenth and the early decades of the twentieth century. The second is best represented by the poems of Louis ‘Awad (1915–1994), an Oxford-educated Egyptian writer, critic, and professor of English literature in his collection Blutuland wa qasa’id ukhra (Plutoland and Other Poems), in which several of the poems are in the colloquial register. The zajal genre had been most popular during the twelfth to the nineteenth centuries in many parts of the Arab world and survives today, especially as a Lebanese folkloric tradition. In mid-nineteenth-century Egypt, zajal reemerged in a large number of popular newspapers. Its practitioners, known as zajjalun, were mostly urban and well versed in the literary register, but they found in zajal’s colloquial register an effective medium of communication and mass mobilization in the service of social and political reform. Among the best known zajjalun of that period were ‘Abdallah al-Nadim (1854–1896) and Ya‘coub Sannu‘ (1839–1912). But it was in the hands of al-Tunisi that the Egyptian zajal, deployed in the service of social reform and the assertion of the Egyptian national character, reached an unprecedented degree of versatility and popularity. A number of al-Tunisi’s zajals remain an important part of Egyptian popular culture. In contrast, Awad’s poetry was part of a short-lived call by some Egyptian intellectuals to adopt the colloquial as a means to disengage Egyptian literature from the larger Arabic literary tradition and thus give it a distinctive and separate Egyptian national character. This went counter to the Arab nationalist identity then gaining ground, which insisted on the use of a common literary Arabic. Sati‘ al-Husri’s (1880–1968) statement that “Every Arabic-speaking people is an Arab people” remains the most widely accepted definition of Arab identity. Al-Husri regarded the colloquial as divisive and called upon all Arab literati “to understand fully the umma’s (nation’s) need for a unified and unifying language and to hold on to fusha.” Resistance to this linguistic affiliation was fomented in Egypt by writers and intellectuals such as Salama Musa (1887–1958), who argued that “standard Arabic cannot serve as a medium of the national literature of Egypt and should therefore give way to a refined colloquial language.” ‘Awad’s call in his introduction to Blutuland for a break from Arabic poetics and the standard literary Arabic was a continuation of this ideological stance, but neither Awad’s poetry nor his larger cause found much appeal with the Egyptian public.
Why Can't the Palestinians Recognize the Jewish state?
Ahmad Samih Khalidi
Israel’s relatively recent demand for recognition as a “Jewish state” or “homeland for the Jewish people” has important implications for the Palestinians (whether refugees, citizens of Israel, or residents of the occupied territories) with regard to their history, identity, rights, and future. This essay explores the moral and practical reasons why they cannot accede to this demand, or even accept Israel’s self-definition as a matter of exclusive Israeli concern.
In Pursuit of My Ottoman Uncle: Reimagining the Middle East Region as One
Raja Shehadeh
In April 2011, Raja Shehadeh visited the United States to promote the U.S. edition of his new book, A Rift in Time: Travels with my Ottoman Uncle (OR Books, 2011). JPS heard several of his presentations, during which he read passages from his book and reflected on its genesis, major themes, and how writing it changed his thinking about the future of the region. In response to our request, he agreed to allow us to compile the typed notes for his various lectures into a single integrated essay, which he later edited and expanded with additional reflections and comments. A London-trained lawyer with numerous cases in Israel’s military courts to his credit, Shehadeh first gained prominence as a human rights advocate and cofounder (in 1979) of al-Haq—the West Bank affiliate of the Geneva-based International Commission of Jurists and the first human rights organization in the occupied territories—and for his legal writings. He has written a number of memoirs, one of which—Palestinian Walks: Forays into a Vanishing Landscape—won the Orwell Prize, Britain’s top award for political writing, in 2008. When I finished writing Palestinian Walks about the vanishing hills around Ramallah, I felt confined, both by the narrow territory of the West Bank and by a time frame that logically begins with the 1967 war. The West Bank was the arena of that book, yet the Palestine problem, my overriding concern, neither began there nor can its meaning be contained within the four decades of the post-1967 period. The Israelis have perfected the art of “maintained uncertainty,” which consists of repeatedly extending and then contracting, through an unpredictable combination of changing and selectively enforcing regulations and controls, the space in which Palestinians can maneuver. This exacts a heavy psychological toll, inducing a sense of perpetual temporariness. At the same time, the proliferation of settlements, bypasses, and roadblocks that Israel constructs has succeeded in convincing the occupied of the permanence of the fragmentation, as if a truly new geography had been put into place. It suits Israel to elude political resolution, to keep negotiating borders (or talking about negotiating borders) while counting on the resulting uncertainty to maintain the population’s quiescence. I wanted to escape all this. I needed to travel in a wider area and to write, so to speak, on a larger canvas in terms of both space and time. One of my abiding interests, which was at the base of Palestinian Walks, is the relationship that exists between people and the landscape. I wanted to continue this exploration. I had always been fascinated by the Great Rift Valley, created by a fault in the geology of the earth that extends from the Taurus mountains in southern Anatolia all the way to Mozambique in central Africa, forming a series of smaller rift valleys along the way. In its eastern Mediterranean segment, the valleys and plains through which the Orontes, Litani, and Jordan rivers flow are part of that system, as are the mountains and hills that lie to either side. Thus our stretch of the Great Rift Valley runs from modern Turkey in the north through Syria, Lebanon, Palestine/Israel, and Jordan, all the way down to the tip of the Hijaz in modern-day Saudi Arabia—all lands once part of the Ottoman Empire. As early as the mid-1990s, when the disappointment of the Oslo process was becoming obvious, my thoughts had begun to turn to the past. I considered writing a book that looks at the relations between the Turks of Ottoman times and the other peoples and lands of the eastern Mediterranean. When I proposed the idea to my publisher, he said this would be not one book but three. But I kept thinking about how I could frame such material and make of it a coherent story. In the meantime, I discovered a memoir written by a great-great uncle of mine, Najib Nassar, an important historical figure of late Ottoman and Mandate Palestine, who was one of the first to publish a book in Arabic about the dangers of Zionism. Though he defined himself the same way any Palestinian, or Turk, or Syrian, or Jew would have defined himself at the time, as an Ottoman, his memoir recounts his “great escape” from the Ottoman police during World War I. His “escape” took him from Haifa through the Galilee and down the Jordan Valley and into the desert wilderness east of the Jordan River. As I read about him, I saw we had a number of things in common: a strong interest in agriculture, an affinity to people who live close to the land, and a preoccupation with a cause. He was also a writer whose writings advocated for that cause. The two ideas—the Great Rift Valley and my great-great uncle’s story—coalesced when I began to look for a subject to write about after finishing Palestinian Walks. The result was A Rift in Time: Travels with my Ottoman Uncle. It’s a book about two journeys: the great escape of my great-great uncle from 1915 to 1917, which basically followed the Great Rift Valley, and my own modern-day explorations, starting out from Ramallah, of the places where he had been. And so it is also a book about two rifts—the Great Rift Valley that begins in Asia Minor and the “rift in time”—the century that separated our two journeys, and how the land has been transformed in the course of that century. More broadly, this book is my attempt to escape the confining reality of occupied Palestine, to free myself to see another reality beneath the present reality that tries to impose itself on our minds in every way, driving home its immutability. It seemed to me that it might be possible to emerge from the political despair that has become our lot by going back into the past and reimagining our region, concentrating on the Rift Valley and its physical integrity, and thinking how that continuity might one day return to reflect the political wholeness that the region once had. It was an act of imagination that I wanted to invite others to share, with the hope that they might come to see, like me, that the present is not permanent and that it is possible to rethink our land and what its future might look like.
Hidden Histories: Palestine and the Eastern Mediterranean
Keith W. Whitelam
The Political Economy of Aid in Palestine: Relief from Conflict or Development Delayed?
Sara Roy
The Cambridge Introduction to Edward Said
Lecia Rosenthal
Reviewed work(s): The Cambridge Introduction to Edward Said by Conor McCarthy DOI: 10.1525/jps.2011.XL.4.96
Specters
Noha Radwan
Reviewed work(s): Specters by Radwa Ashour; Barbara Romaine DOI: 10.1525/jps.2011.XL.4.97
The Statehood of Palestine: International Law in the Middle East Conflict
Diana Buttu
The Political Economy of Israel's Occupation
Adam Hanieh
Reviewed work(s): The Political Economy of Israel's Occupation by Shir Hever DOI: 10.1525/jps.2011.XL.4.100
Canada and Israel: Building Apartheid
Rosalind Morris
Reviewed work(s): Canada and Israel: Building Apartheid by Yves Engler DOI: 10.1525/jps.2011.XL.4.101
Beware of Small States: Lebanon, Battleground of the Middle East
Mouannes Hojairi
Reviewed work(s): Beware of Small States: Lebanon, Battleground of the Middle East by David Hirst DOI: 10.1525/jps.2011.XL.4.103
State of Siege
Jeffrey Sacks
Reviewed work(s): State of Siege by Mahmoud Darwish; Munir Akash; Daniel Abdal-hayy Moore DOI: 10.1525/jps.2011.XL.4.104
Arab Views (cartoons from al-Hayat)
This section aims to give readers a glimpse of how the Arab world views current events that affect Palestinians and the Arab-Israeli conflict by presenting a selection of cartoons from al-Hayat, the most widely distributed mainstream daily in the Arab world. JPS is grateful to al-Hayat for permission to reprint its material.
Selections from the Press
This section includes articles and news items, mainly from Israeli but also from international press sources, that provide insightful or illuminating perspectives on events, developments, or trends in Israel and the occupied territories not readily available in the mainstream U.S. media.
Photos From the Quarter
This small sample of photos, selected from hundreds viewed by JPS, aims to convey a sense of the situation on the ground in the occupied territories during the quarter.
Quarterly Update on Conflict and Diplomacy
Michele K. Esposito
The Quarterly Update is a summary of bilateral, multilateral, regional, and international events affecting the Palestinians and the future of the peace process. More than 100 print, wire, television, and online sources providing U.S., Israeli, Arab, and international independent and government coverage of unfolding events are surveyed to compile the Quarterly Update. The most relevant sources are cited in JPS's Chronology section, which tracks events day by day. 16 February–15 May 2011
Settlement Monitor
Geoffrey Aronson
This section covers items—reprinted articles, statistics, and maps—pertaining to Israeli settlement activities in the Gaza Strip and the West Bank, including East Jerusalem, and the Golan Heights. Unless otherwise stated, the items have been written by Geoffrey Aronson for this section or drawn from material written by him for Report on Israeli Settlement in the Occupied Territories (hereinafter Settlement Report), a Washington-based bimonthly newsletter published by the Foundation for Middle East Peace. JPS is grateful to the foundation for permission to draw on its material.
Congressional Monitor
Paul James Costic
Published each year, the Congressional Monitor provides summaries of all relevant bills and resolutions (joint, concurrent, and simple) introduced during the previous session of Congress that mention, even briefly, Palestine, Israel, or the broader Arab- Israeli conflict. The Institute for Palestine Studies’ Congressional Monitor Database (CongressionalMonitor.org ) contains all relevant legislation from 2001 to the present (the 107th Congress through the first session of the 111th Congress) and will be updated on an ongoing basis to include legislation prior to 2001 and after 2011. Material in this compilation was drawn from www.thomas.loc.gov, where readers can also find a detailed primer on the legislative process entitled “How Our Laws Are Made.” The 111th Congress, Second Session: 5 January–22 December 2010 Journal of Palestine Studies, Vol. 40, no. 4, p. 177
Documents and Source Material: International
A1. Richard Goldstone, Former Chair of the UN Fact-Finding Mission on the Gaza Conflict, "Reconsidering the Goldstone Report on Israel and War Crimes," Washington Post, 1 April 2011. A2. Office of the UN Special Coordinator for the Middle East Peace Process, "Palestinian State-Building: A Decisive Period," Brussels, 13 April 2011 (excerpts). A3. Members of the Goldstone-led UN Fact-Finding Mission on the Gaza Conflict, Response to Goldstone's Statement "Reconsidering" the Mission's Findings, Guardian, 14 April 2011. A4. Turkish Pres. Abdullah Gül, Op-Ed on the Importance of the Palestine Issue, "The Revolution's Missing Peace," New York Times, 20 April 2011.
Documents and Source Material: Arab
B1. UAE FM Abdullah Bin Zayed al-Nahyan, Letter Urging World Governments to Support Palestinian Statehood, December 2010. B2. Gaza Youth's Manifesto for Change, December 2010. B3. Palestinian Youth Groups, Press Release Regarding Attempts to Co-opt March 15th Protests, 9 March 2011. B4. Fatah-Hamas Unity Agreement, Cairo, 4 May 2011.
Documents and Source Material: Israel
C. Friedrich-Ebert-Stiftung and Macro Center for Political Economics, "All of the Above: Identity Paradoxes of Young People in Israel (the 3rd Youth Study): Changes in National, Societal, and Personal Attitudes," Herzliya, Israel, 31 March 2011 (excerpts)
Documents and Source Material: United States
D1. Freshmen Republican Representatives to Congress, Letter Urging Republican Leaders of the House of Representatives to Maintain Current Aid Levels to Israel Despite the FY 2011 U.S. Budget Crisis, Washington, February 2011. D2. American Association of University Professors and American Jewish Committee, "Anti-Semitism on Campus," Washington, 20 April 2011.
Chronology
Michele K. Esposito
16 February–15 May 2011 Compiled by Michele K. Esposito This section is part 110 of a chronology begun in JPS 13, no. 3 (Spring 1984). Chronology dates reflect Eastern Daylight Time (EDT). For a more comprehensive overview of events related to the al-Aqsa intifada and of regional and international developments related to the peace process, see the Quarterly Update on Conflict and Diplomacy in this issue. LIMITED PREVIEW | PURCHASE FULL 16 FEBRUARY As the quarter opens, Israel maintains a tight siege of Gaza aimed at unseating the governing Hamas authority, in control since 6/2007. The Israel Defense Forces (IDF) enforces a 300-m deep no-go zone inside the full length of the Gaza border and limits the Palestinian fishing zone off Gaza to 500–1,000 m off the immediate Bayt Lahiya and Rafah coasts, and 3 naut. mi. elsewhere—restrictions that place 17% of Gaza’s total landmass, including 35% of its viable agricultural areas, and 85% of the maritime areas allocated to the Palestinians under the Oslo accords off limits to Palestinians. In the West Bank, governed by the Fatah-led Palestinian Authority (PA), IDF operations and restrictions on movement and access continue but are relatively low. In the West Bank, the IDF patrols in Tulkarm before dawn and in Birzeit late at night; conducts late-night arrest raids, house searches nr. Nablus. (PCHR 2/17, 2/24; OCHA 2/25) Regionwide antigovernment protests, which toppled the Egyptian and Tunisian regimes last quarter, continue (see Quarterly Update in this issue and in JPS 159). In Bahrain, demonstrators for the 1st time shift fr. calling for a transition to a constitutional monarchy to calling for the ouster of the monarchy altogether. Syria sees its 1st hint of unrest when more than 500 protesters in Damascus spontaneously rally to the defense of a motorist being beaten by a police officer and refuse to disperse, chanting “The Syrian people will not tolerate humiliation” for more than 3 hrs. until Interior M Saed Samour personally goes to the scene to pledge to punish the policeman. Major clashes between govt. forces and protesters seeking regime change are reported in eastern Libya, while modest demonstrations in Yemen call for the president to step down. (NYT, WP, WT 2/17) 17 FEBRUARY Overnight, IDF troops on the n. Gaza border fire on and shell a group of Palestinians nr. the n. Gaza border fence, killing 3 Palestinians; Palestinians say the 3 were unarmed men attempting to sneak into Israel to find work, but the IDF claims they were armed men preparing to lay explosive devices along the border. In the West Bank, the IDF demolishes 3 wells and an agricultural storehouse nr. a settler-only bypass road nr. Hebron; seals and patrols in Jit nr. Qalqilya during the afternoon. In Ramallah, some 1,000 young Palestinians hold a rally calling for national unity and reconciliation between Fatah and Hamas. (AFP, WP 2/18; PCHR 2/24; OCHA 2/25) U.S. pres. Barack Obama phones PA pres. Mahmud Abbas to urge him to delay a 2/18 vote on a UN Security Council (UNSC) res. reaffirming that Israeli settlements are illegal and an obstacle to peace or agree to a compromise UNSC presidential statement (less than a res.) criticizing settlements and urging the sides to resume negotiations. Abbas agrees to convene an emergency meeting of the PLO Exec. Comm. (PLOEC) and Fatah Central Comm. (FCC) to consider the matter. (HA 2/17; HA, MNA, NYT 2/18) (see Quarterly Update for details) After violence overnight (see 2/16), Bahrain’s govt. declares martial law, deploying the military to the streets and warning of a “sectarian abyss”; the main Shi`i political party withdraws fr. parliament, protesting the acts of the minority Sunni leadership; and opposition groups call for massive demonstrations after Friday prayers on 2/18. (NYT, WP, WT 2/18) In Libya, protesters in 5 main cities observe a “Day of Rage” against Qaddafi, clashing with govt. forces, leaving at least 12 protesters dead and 10s wounded; the govt. cuts phone and Internet service and bars journalists to prevent coverage. Serious clashes in and around Benghazi continue on 2/18. (NYT, WP, WT 2/18; NYT, WP 2/19) 18 FEBRUARY Gaza’s Rafah crossing opens for the 1st time since 1/29/11 to allow Palestinians trapped in Egypt to enter Gaza. In the West Bank, the IDF enters Bayt Umar village nr. Hebron in the afternoon, searching a house and arresting a 10-yr.-old Palestinian for stone-throwing; patrols in 4 villages nr. Qalqilya, 2 nr. Ramallah, and 1 nr. Tulkarm during the afternoon and evening. Palestinians (sometimes accompanied by Israeli and international activists) hold weekly nonviolent demonstrations against the separation wall, land confiscations, and settlement expansion in Bil‘in, Ni‘lin, and Nabi Salih/Dayr Nizam nr. Ramallah, and in Bayt Umar nr. Hebron. IDF soldiers fire rubber-coated steel bullets, tear gas, and stun grenades at the protesters, injuring 8 Palestinians (including 3 children); 15 Palestinians (including 9 children) and 2 international activists are arrested. (Oxfam International 2/20; PCHR 2/24; OCHA 2/25) Before the UNSC vote reaffirming the illegality of Jewish settlements, U.S. Secy. of State Hillary Clinton phones Abbas to warn him that that U.S. aid could be cut if the vote goes ahead. In Ramallah, the PLOEC and FCC opt to go ahead with the vote saying, “The Palestinian leadership will reject American demands even if our decision leads to a diplomatic crisis with the Americans. We have nothing to lose.” The U.S. vetoes the res. (HA, REU 2/18; HA, WP 2/19; HA 2/20; WJW 2/24; JPI 3/4) (see Quarterly Update) In Bahrain, security forces violently disperse a massive protest in Manama, wounding 10s. From this point, large antigovernment protests (1,000s to 10,000s) become nr. daily events. (NYT, WP 2/19; NYT 2/21) 19 FEBRUARY Israeli naval vessels intercept a Palestinian fishing boat off the n. Gaza coast, escort it to Ashdod, confiscate the boat, and release the fishermen. In the West Bank, the IDF patrols in 4 villages nr. Jericho, Qalqilya, Salfit, and Tulkarm in the afternoon, and 1 village nr. Tulkarm late at night. From Ramallah, FCC mbr. Tawfik Tirawi calls for a “day of rage” against the 2/18 U.S. veto; protests denouncing the U.S. are held in Bethlehem, Hebron, Jenin, Nablus, and Tulkarm. For safety, the U.S. consulate in East Jerusalem restricts staff movement for 3 days. (HA, Oxfam International, WP 2/20; PCHR 2/24; OCHA 2/25) In Libya, security forces in Benghazi open fire on some 20,000 mourners leaving funerals of antigovernment protesters killed in recent clashes, leaving at least 84 dead and scores injured and bringing the death toll in 3 days of clashes to as many as 200 dead and nearly 850 wounded in Benghazi alone. British embassy officials say they have received reports of govt. forces using heavy weapons and snipers against protesters. From this point, antigovernment demonstrations and fierce military repression escalate sharply, and opposition groups take up arms. (NYT, WP 2/20; NYT, WP, WT 2/21) 20 FEBRUARY Saying the Fatah-Hamas split has “gone on too long and should not continue,” PA PM Salam Fayyad offers to form an interim national unity govt. with Hamas and not to interfere with Hamas’s rule in Gaza in the run-up to elections, if it agrees to take part in presidential and legislative elections in 9/2011. Elements within Fatah denounce the move. Hamas responds with skepticism. (AP, HA 2/21) (see Quarterly Update for details) In the West Bank, the IDF conducts daytime patrols in and around Jenin and in villages nr. Qalqilya and Tulkarm; conducts evening and late-night patrols nr. Qalqilya and Salfit. Jewish settlers uproot 270 olive trees fr. 2 Palestinian plots nr. Nablus. In Ramallah, some 3,000 Palestinians organized by Fatah protest the 2/18 U.S. veto, waving banners and shouting slogans against the Obama administration. (MNA, WP 2/21; PCHR 2/24; OCHA 2/25) 21 FEBRUARY In the West Bank, the IDF tears down Palestinian’s tents in Khirbat Tana, where the IDF demolished homes and other structures on 2/9/11 (see Quarterly Update and Settlement Monitor in JPS 159); conducts late-night arrest raids, house searches, and patrols in 6 villages nr. Qalqilya, as well as nr. Bethlehem and Jenin. More than 80 Palestinian nonprofit organizations from the West Bank, Jerusalem, and the Gaza Strip issued a statement calling on Fatah and Hamas to take practical steps toward ending their rift. (MNA 5/23; PCHR 2/24; OCHA 2/25) The Knesset passes the Foreign Govt. NGO Funding Transparency Law tightening requirements on groups that accept foreign funding, widely seen as an effort to undermine left-wing Israeli organizations. (MNA 2/23; WJW 2/24) (see Quarterly Update) After a week of violent clashes, the Libyan govt. has lost control of most of the eastern part of the country to armed antigovernment protesters. Qaddafi responds with overwhelming force, dispatching warplanes, helicopters, special forces, and heavily armed mercenaries (paid and flown in to Tripoli by the planeload in recent days to shore up the regime) to hunt down demonstrators. Fighting has also reached Tripoli, where there are reports of strafing fr. the air, combat in the streets, burning buildings, and looters ransacking police stations. Dozens of senior Libyan officials and diplomats resign in outrage, and widespread defections by the military nationwide are reported. (WP, WT 2/21; NYT, WP, WT 2/22) 22 FEBRUARY In the morning, the IDF makes 2 brief incursions into Gaza to level land along the border fence in s. Gaza to clear lines of sight. IDF troops on the n. Gaza border fire warning shots at Palestinians scavenging for construction materials in the fmr. settlement sites, wounding 1. In the West Bank, the IDF demolishes 8 tents (home to 40 Bedouin) and 2 wells nr. Suissa settlement outside Hebron; sends some 40 undercover troops into Salim nr. Nablus, where they raid an apartment building and arrest a wanted Palestinian; patrols in and around Tulkarm, in Qalqilya, and in villages nr. Jenin in the morning, summoning 4 Palestinians to appear for questioning; conducts late-night patrols in al-Bireh, Qalqilya, and 2 village nr. Ramallah and Tulkarm. Jewish settlers fr. Bat Ayin nr. Hebron uproot at least 250 olive trees in nearby Jab’a village. (WT 2/23; PCHR 2/24; OCHA 2/25) After a televised speech in which Libya’s Col. Qaddafi vows to hunt down and kill protesters “house by house,” 1,000s of his supporters take to the streets of Tripoli brandishing machetes and join trucks heading to outlying areas to conduct neighborhood searches. With most residents bunkered in their homes and media outlets cut off, the extent of the violence in the Tripoli area is unclear. Rights groups estimate that 519 Libyans have been killed, 3,980 have been wounded, and at least 1,500 have gone missing since violence erupted a wk. ago. Hereafter, fighting quickly devolves into bitter civil war. (NYT, WP, WT 2/23; NYT, WP, WT 2/2; NYT, WP, WT 2/25; NYT, WP, WT 2/26–3/1) In Bahrain, more than 100,000 protesters (a fifth of the population, mostly Shi‘a) turn out for the largest prodemocracy rally to date in Pearl Square calling for the govt. and the monarchy to step down. (NYT, WP, WT 2/23) 23 FEBRUARY Fayyad reiterates his 2/20 national unity offer, saying the PA would forgo further U.S. aid for the sake of national unity if the U.S. went through with threats to suspend aid to the PA if Hamas joined the govt. Abbas and senior Hamas officials agree to discuss the idea. (JPI 3/11) (see Quarterly Update) At Abbas’s request, Israel agrees to allow some 300 Palestinians fleeing Libya to enter the West Bank. In Gaza, Islamic Jihad and Hamas mbrs. detonate an explosive device by the border fence as an IDF patrol passes on the Israeli side, then fire 3 mortars at the troops, causing no injuries. IDF soldiers retaliate with tank and gunfire, killing 1 armed Palestinian and wounding 6 armed Palestinians and at least 3 bystanders (including 2 children). Late at night, the IDF makes 5 air strikes on buildings in central and southern Gaza, causing no injuries; in the 1 instance in which a building is occupied, Israeli intelligence units phone to warn the occupants to leave. An 11-yr.-old Palestinian girl is killed and 4 family mbrs. are wounded when explosives accidentally detonate in their Gaza home. The IDF makes a brief incursion into c. Gaza to level land along the border fence to clear lines of sight. IDF troops on the n. Gaza border fire warning shots at Palestinian scavenging for construction materials in the fmr. settlement sites, wounding 2 Palestinian. Late in the evening, Israeli naval vessels fire on Palestinian fishing boats off the n. Gaza coast, forcing them to return to shore. In the West Bank, the IDF patrols in ‘Aqabat Jabir refugee camp (r.c.) in the morning, photographing historic sites; conducts late-night patrols in Birzeit and 1 village nr. Tulkarm; conducts late-night arrest raids, house searches, and patrols in and around Jenin r.c. (DPA, HA, IsRN, JP, NYT, REU, WAFA 2/23; PCHR, WP 2/24; PCHR 3/3; OCHA 3/4)
Bibliography of Periodical Literature
Norbert Scholz
This section lists articles and reviews of books relevant to Palestine and the Arab-Israeli conflict. Entries are classified under the following headings: Reference and General; History (through 1948) and Geography; Palestinian Politics and Society; Jerusalem; Israeli Politics, Society, and Zionism; Arab and Middle Eastern Politics; International Relations; Law; Military; Economy, Society, and Education; Literature, Arts, and Culture; Book Reviews; and Reports Received. Norbert Scholz Journal of Palestine Studies, Vol. 40, no. 4 (Summer 2011), p. 247 Bibliography of Periodical Literature Buy Print Email LIMITED PREVIEW | PURCHASE FULL Reference and General Al-Azm, Sadik J. “Orientalism, Occidentalism, and Islamism: Keynote Address to ‘Orientalism and Fundamentalism in Islamic and Judaic Critique’: A Conference Honoring Sadik Al-Azm.” CSSAME 30, no. 1 (2010): 6–13. Ciftci, Sabri. “Modernization, Islam, or Social Capital: What Explains Attitudes toward Democracy in the Muslim World?” Comparative Political Studies 43, no. 11 (Nov. 2010): 1442–70. Hamzawy, Amr. “Arab Writings on Islamist Parties and Movements.” IJMES 43, no. 1 (Feb. 2011): 138–40. Heschel, Susannah, and Timothy Baker. “Transnational Migrations of Identity: Jews, Muslims, and the Modernity Debate.” CSSAME 30, no. 1 (2010): 1–5. Schwedler, Jillian. “Studying Political Islam.” IJMES 43, no. 1 (Feb. 2011): 135–37. Utvik, Bjørn O. “Islamists from a Distance.” IJMES 43, no. 1 (Feb. 2011): 141–43. History (through 1948) and Geography Abu Khashan, Abdul Karim. “Pierre Loti’s Journey across Sinai to Jerusalem, 1894.” JQ, no. 43 (Aut. 2010): 18–30. Bianchini, Katia. “The Mandate Refugee Program: A Critical Discussion.” International Journal of Refugee Law 22, no. 3 (Oct. 2010): 367–78. Ginor, Isabella, and Gideon Remez. “A Cold War Casualty in Jerusalem, 1948: The Assassination of Witold Hulanicki.” IJFA 4, no. 3 (Sep. 2010): 137–58. Goldstein, Yossi. “Eastern Jews vs. Western Jews: The Ahad Ha’am-Herzl Dispute and Its Cultural and Social Implications.” Jewish History 24, nos. 3–4 (Dec. 2010): 355–77. Hughes, Matthew. “Assassination in Jerusalem: Bahjat Abu Gharbiyah and Sami Al-Ansari’s Shooting of British Assistant Superintendent Alan Sigrist 12th June 1936.” JQ, no. 44 (Win. 2010): 5–13. Khalidi, Issam. “The Coverage of Sports News in ‘Filastin’ 1911–1948.” JQ, no. 44 (Win. 2010): 45–69. Klieman, Aharon. “Returning to the World Stage: Herzl’s Zionist Statecraft.” IJFA 4, no. 2 (May 2010): 75–84. Matar, Nabil. “Couscous or Cartography: A Moroccan Jurist and an English Trader Visit Seventeenth Century Palestine.” JQ, no. 43 (Aut. 2010): 40–52. Shaw, Martin, and Omer Bartov. “The Question of Genocide in Palestine, 1948: An Exchange between Martin Shaw and Omer Bartov.” Journal of Genocide Research 12, nos. 3–4 (Sep. 2010): 243–59. Sicher, Efraim. “The Image of Israel and Postcolonial Discourse in the Early 21st Century: A View from Britain.” IsS 16, no. 1 (Spr. 2011): 1–25. Wallach, Yair. “Creating a Country through Currency and Stamps: State Symbols and Nation-building in British-ruled Palestine.” Nations and Nationalism 17, no. 1 (Jan. 2011): 129–47. Palestinian Politics and Society Abu Sitta, Salman. “The Village of ‘Araqeeb in Palestine” [in Arabic]. MDF, no. 86 (Spr. 2011): 111–27. Brown, Nathan J. “Studying Palestinian Politics: Scholarship or Scholasticism?” IJFA 4, no. 3 (Sep. 2010): 47–58. Cantarow, Ellen. “Catching the Palestine Bug: Notes on Journalism and Enlightened Tourism in Palestine.” JQ, no. 43 (Aut. 201 ): 64–70. Chamberlin, Paul. “The Struggle against Oppression Everywhere: The Global Politics of Palestinian Liberation.” MES 47, no. 1 (Jan. 2011): 25–41. Ephron, Dan. “The Wrath of Abbas.” Newsweek (24 April 2011). Foroohar, Manzar. “Palestinians in Central America: From Temporary Emigrants to a Permanent Diaspora.” JPS 40, no. 3 (Spr. 2011): 6–22. Hamdan, Usama (interview). “Hamas ‘Foreign Minister’ Usama Hamdan Talks about National Reconciliation, Arafat, Reform, and Hamas’s Presence in Lebanon.” JPS 40, no. 3 (Spr. 2011): 59–74. Kotef, Hagar. “Objects of Security: Gendered Violence and Securitized Humanitarianism in Occupied Gaza.” CSSAME 30, no. 2 (2010): 179–91. Long, Baudouin. “The Hamas Agenda: How Has It Changed?” MEP 17, no. 4 (Win. 2010): 131–43. Makdisi, Saree. “Palestine Inside Out: An Everyday Occupation” [in Arabic]. MA 33, no. 386 (Apr. 2011): 41–57. Nasrallah, Jana. “Shatila Camp: Memory of War and Marginalization” [in Arabic]. MDF, no. 86 (Spr. 2011): 148–56. Peled, Kobi. “The Well of Forgetfulness and Remembrance: Milieu de mémoire and lieu de mémoire in a Palestinian Arab Town in Israel.” British Journal of Middle Eastern Studies 37, no. 2 (Aug. 2010): 139–58. Sabbagh-Khoury, Areej, and Nadim Rouhana. “The Right of Return from the Perspective of Palestinians in Israel” [in Arabic]. MDF, no. 86 (Spr. 2011): 84–110. Schanzer, Jonathan. “What Palestinians Are Saying Online.” MEQ 18, no. 1 (Win. 2011): 15–24. Shahin, Khalil. “The Palestinian Popular Protest: An Eye for Change and an Eye for Resistance” [in Arabic]. MDF, no. 86 (Spr. 2011): 161–73. Veronese, Guido, Marco Castiglioni, and Mahmud Said. “The Use of Narrative-Experiential Instruments in Contexts of Military Violence: The Case of Palestinian Children in the West Bank.” Counselling Psychology Quarterly 23, no. 4 (Dec. 2010): 411–23.