Recognition of the Nakba, criminalizing its denial, and mechanisms of accountability in light of international law رسالة ماجستير

Abstract

The research addresses the problem of the failure of the international community and Israel, the occupying power, to recognize the Palestinian Nakba for 75 years and the international community's lack of willpower and legal measures to hold the Israeli perpetrators accountable and deter them from committing further crimes. This research seeks to bring attention to the undeniable reality that the Nakba has not ended after the end of the 1949 war, but rather persisted following the 1967 occupation and the signing of the Oslo Accords onward. This is supported by the presentation of recently disclosed historical documents, significant confessions, and testimonies from Israeli archives, which validate the original Palestinian narrative. The legal chapter examines the nature of the crime and explores the tools of international law to internationalize the Palestinian Nakba, recognize it, and criminalize its denial. It explores also avenues for legal accountability and the prosecution of those responsible for the crimes, seeking justice by utilizing the mechanisms of international law in general and international criminal justice, particularly.The research concludes that the Nakba is not a past event but an ongoing international crime that includes numerous images that in themselves constitute ongoing international crimes. Legally, they are classified as war crimes, crimes against humanity, a serious violation of the United Nations Charter, and a threat to international peace and security. Israel initiated these crimes before 1948 and they continue to this day. Its colonial settlement and apartheid occupation represent its worst manifestations. It recommends, at the international level, mobilizing legal, diplomatic, and political efforts to issue a resolution from the United Nations General Assembly that recognizes the Nakba, legal adapting it and criminalizes its denial. In addition, it VI recommends establishing mechanisms for accountability and effective redress for Palestinian victims, keeps the matter under the Secretary-General's follow-up, and establishes a temporary international criminal court to hold perpetrators accountable for their actions, as well as compelling Israel to recognize the crime, apologize for it, and provide reparations to its victims. On the national level, the study recommends forming a national professional task force mobilizing for these efforts, enacting a Palestinian law for international crimes, Including all forms of the Palestinian Nakba crime, activating the jurisdiction of the Palestinian national judiciary over the ongoing international crimes committed by individuals and leaders of the occupation, including settlers, and trying them before national courts. Finally, harmonizing Palestinian legislation, including the "Palestinian Penal Code" to include the most serious crimes and punish them.