Israel

Provides a listing of articles on restorative justice developments in Israel. Articles appear in the order in which they were added to the site with the most recent appearing first.

Gross, Aeyal M. The Constitution, Reconciliation, and Transitional Justice: Lessons from South Africa and Israel

In this essay Aeyal Gross focuses on the connection between reconciliation and peace processes on the one hand, and legal and constitutional changes on the other hand. With much attention in recent years to matters of justice during periods of change and political transition, students and practitioners of transitional justice have recognized the following dilemma: the need to look backward to address past human rights violations; and the need to look forward to seek reconciliation and peace among people and groups from all sides of a conflict. With this in mind, Gross argues that a constitution may play a significant role in advancing transitional justice. Gross also modifies current traditional justice theory, and compares South Africa and Israel with respect to their constitutions and issues of transitional justice.

Jabbour, Elias J. Echoes of Peace From a House of Hope

The Middle East has been and continues to be a region of intense, bitter, and violent conflict. Amid the conflict are certain movements or currents for peace and peacemaking. One of them is the House of Hope International Peace Center in Shefa-Amer, an Arab town in Galilee in Israel. At the time of writing this book, the town had a population of about 30,000 people made up of three different communities: Christians; Muslims; and Druze. The director of the House of Hope is Elias Jabbour, a Palestinian, Christian, Israel-Arab citizen with a vision for peace and peacemaking in a region of tension and conflict. The House of Hope was established in 1978. In this book Jabbour discusses the issues in the region, as well as the origins and aims of the House of Hope; voices of peace in the area and traditional Arab methods of conflict resolution and peacemaking; efforts to promote peace between Arabs and Jews; and challenges to peace. In addition to explanation and analysis of the situation and approaches to resolving conflicts, the book contains many resources. These include illustrative stories and experiences relating to actual conflicts and efforts to seek peace and reconciliation, letters and accounts from visitors to the House of Hope, and speeches given by Jabbour in various settings.

Claassen, Ron. First Restorative Justice Conference, Tel Aviv, Israel, May 1-2, 2002

In early May 2002 Ron Claassen, Director of the Center for Peacemaking and Conflict Studies at Fresno Pacific University (Fresno, California), was a guest speaker at the First Restorative Justice Conference held in Tel Aviv, Israel. Martin Wright of England was the other guest speaker. In this article Claassen reports on the conference and his participation in it. Prior to the conference Claassen and Wright led workshops on the theory and practice of restorative justice, with a focus on the significance of restorative justice to the Israeli criminal justice system. The conference itself extended the same emphases on restorative justice theory and practice in relation to Israeli criminal justice. Participants included prosecutors, police, judges, attorneys, and law school and social work faculty and students.

Byrne, Sean and Polkinghorn, Brian. Between War and Peace: An Examination of Conflict Management Styles in Four Ethnic Conflict Zones

This study is a correctional assessment of variation in conflict styles among 384 university students living in Bosnia-Herzegovina, Israel, Northern Ireland, and South Africa according to a number of demographic and social membership variables. The context in each of these settings is one of tense social unrest and in some cases low scale warfare including terrorism imposed by paramilitary groups, violence that is brought on by long standing ethnic hatreds and years of division between major groups contending for control of political and social institutions. The findings suggest the political, social, economic, and cultural aspects can influence the ways participants from various groups engage in conflict. Identity based attributes are influenced by the perceived roles and relationships people think they have with others’ within the context of their nation and country. The results indicate that there are at least two independent observable patterns between the genders and among participants of various religious affiliations in regard to how people engage in conflict. The unresolved question is whether or not there are other motives for why people engage in conflict with members of other groups than those characteristics that are identity based.

Dudai, Ron. A Model for Dealing with the Past in the Israeli–Palestinian Context.

This article explores the potential applicability of transitional justice ideas to the Israeli–Palestinian context. I argue that given the particularities of the Israeli–Palestinian setting, truth and reconciliation would be an essential component of peacemaking even though this is an inter-societal conflict which will likely be resolved only through separation into two states. Nevertheless, the interstate nature creates challenges to the application of common transitional justice mechanisms. In response to these challenges I offer a model based on an incremental process of narrow mechanisms throughout a long process of transition, rather than one high-profile all-encompassing mechanism in the post-conflict stage. I also suggest that in addition to issues to be explored jointly by the two societies, such as refugees, prisoner release and compensation for victims of violence, there could also be internal truth and reconciliation processes within each society. Finally, this model is premised on an important role for civil society initiatives. (author's abstract)

Arrigo, Bruce A. Identity, International Terrorism, and Negotiating Peace: Hamas and Ethics-Based Considerations from Critical Restorative Justice.

This paper conceptually examines one specifi c case of international terrorism, including the emergence and maintenance of membership-allegiance in its militant extremist group. This is the case of the Islamic Resistance Movement (or Hamas) and the manifestation of its corresponding Palestinian identity. Although the social person is constituted by symbols and objects, acts and social acts, meanings, and role-taking and role-making, questions persist about how best to promote peaceful coexistence, advance the interests of non-violence and ensure the protection of basic human rights. These practices constitute an ethic grounded in Aristotelian virtue. The delineation of key principles emanating from critical restorative justice helps to specify this brand of moral reasoning. The integration of these principles with the proposed symbolic interactionist framework demonstrates how extremist violence can be mediated. Suggestive examples of the same involving Hamas and those with whom it struggles (Palestine, Israel and the United States) are used to guide the analysis. The proposed conceptual framework is then briefl y assessed for its overall explanatory capabilities, especially in relation to furthering terrorism studies. (author's abstract)

Gal-on-Lechno, Keren. Family Group Conferences in Youth Justice in Israel.

Israel has been experimenting with Family Group Conferences (FGC) in Youth Justice for a number of years as an alternative for young offenders who have been blamed for breaking the criminal law. The initiators of the program in Israel are the Ministry of Public Security in cooperation with the Israel Police, the Ministry of Social Affairs, and the Joint-Ashalim organization. When project planning began in 1998-9, a key requirement was to adapt the idea from its implementation overseas (based on the New Zealand model) to Israeli conditions and needs — our particular population mix, the structure of our law enforcement system and our care and rehabilitation systems. This task was entrusted to a steering committee comprising representatives of the Ministry of Public Security, the Israel Police (IP), the Ministry of Justice, the Ministry of Social Affairs, Joint-Ashalim, and the Keshet Association. By late 2000 fieldwork began, at first in only a handful of police stations; by 2002 it had been expanded to the present number of twelve. (excerpt)

Ben-Baruch, Suzy. Restorative Justice for Young Offenders.

Israel chose to first apply this new approach to the justice system for young first-time offenders. Offering these youngsters a way back to a noncriminal lifestyle without carrying the label and stigma of a criminal record is very much in line with current Israel Police policy. The authorities furthermore calculated that the new approach stood a good chance of reducing the worrying and growing number of young offenders. The central institution of the new process is a Family Group Conference (FGC). The concept was first borrowed during the 1980s by New Zealand jurists, from that country’s indigenous Maoris who have employed it for centuries. Various formats of FGC have been effectively employed in other countries: England, Sweden, Canada, USA, South Africa and Australia. (excerpt)

Auerbach, Yehudith. The Role of Forgiveness in Reconciliation.

Cases of collective forgiveness and apology between nations and peoples have become a noticeable trend in recent years. After briefly describing this phenomenon, Yehudith Auerbach notes the need for more research on the feasibility of forgiveness and its role in reconciliation between groups. Forgiveness adds a spiritual and moral aspect to the psychological process of reconciliation. It is necessary for complete reconciliation, which rarely occurs. The author provides a framework of seven conditions for the success of reconciliation via forgiveness. These involve the religious-cultural context, relation to national interests, power asymmetry, status of leaders, authenticity, time, and the international environment. Each factor is examined in light of the Israel-West Germany case, an example of partial forgiveness that resulted in incomplete reconciliation.

Yanay, Uri. Restoring justice. Could it work in the Middle East? (abstract)

In recent years, many countries developed alternative means to deal with criminal justice related issues. Canada, New Zealand and Australia were first to do so. It was probably the tradition, legacy and formal respect for their indigenous ‘first nations’ population that helped acknowledge and introduce such alternatives. Palestinian Arabs are Israel’s indigenous population. However, the political stalemate in Israel hampers efforts made to restore relations and solve conflicts using RJ philosophy and process. Peacemaking is widely used among Israeli Arabs themselves, and so it is also used among some Jewish communities, but it is unlikely that any comprehensive, state based, formal alternative conflict resolution initiative would be adopted as long as the Israeli-Palestinian conflict exists. The paper lists political, social and cultural constraints and barriers that thwart such initiative. It also highlights the potential benefits and opportunities in restoring community relationships within a complicated, painful political conflict. The overall feeling that everyone is victimised in this conflict may open a door to restoring relations. The paper is based on observations made in the Middle East where different communities, audients and interests are involved. Author's abstract.

Gans, Chaim. Comments on: Andrei Marmor, "Entitlement to Land and the Right of Return: An Embarrassing Challenge for Liberal Zionism"

In his chapter on entitlement to land in this book, Andrei Marmor accused Liberal Zionism of inconsistencies regarding claims to territories connected with the 1947 Partition Plan and territories connected with the 1967 war. Gans takes issue with Marmor’s characterizations of the positions of “liberal Zionism.�? Gans examines the situations in 1947 and in 1967 with respect to claims of the state of Israel and Palestinian claims. Moreover, Gans morally faults Marmor’s use of the term “preserving the Jewish character of the state�? in evaluating claims of entitlement to lands and the right of return for Palestinians.

Marmor, Andrei. Entitlement to Land and the Right of Return: An Embarrassing Challenge for Liberal Zionism

In practical terms, it often appears that “might is right�? when it comes to controversies and conflicts within and between nations about claims to land. Yet, contends Andrei Marmor, it must not be conceded that this is the case. The claims and actions of peoples and nations regarding territorial possession should be subjected to moral scrutiny. Claims of entitlement to land should be justified by moral considerations, not just by virtue of actual possession and might. Upon these moral bases, Marmor evaluates the legitimacy of Israel’s holding of certain territories – during its war for independence and then after the 1967 war – and the Palestinians’ right of return to those lands. In particular, Marmor assesses the perspectives of Liberal Zionism with respect to the legitimacy of territorial holdings by the state of Israel. Marmor argues that Liberal Zionism faces irresolvable conflicts in its perspectives about entitlement to land and its moral claims to support those perspectives.

Heft, James L. Beyond violence: religious sources of social transformation in Judaism, Christianity, and Islam

Throughout history, religion and violence have often been linked. Numerous examples may come to mind: the entrance of the people of Israel into Canaan; Islamic conquests in the Mediterranean region; the Crusades; the religious wars of the Reformation; recent conflicts between Catholics and Protestants, between Jews and Muslims, and between various groups within Islam; and more. For many people, especially in the Enlightenment in Western culture and its heirs, the link has led to the argument that religion should be excluded from the public sphere as a force. So writes James Heft near the beginning of the introduction to this volume of essays he has edited. However, it is clear, he continues, that religion cannot be relegated to the sphere of the private; religion still affects public life and global events. Against this background, a dialogue was convened at the University of Southern California in May 2003. Representatives from Judaism, Christianity, and Islam met to discuss this theme: “Beyond Violence: Religious Sources of Social Transformation. The aim was to explore ways in which religion can and does foster peaceful social transformation through reconciliation, peace, and justice. This book consists of chapters based on major presentations by various authors at the conference. Topics include sources of violence; hope and fear in Judaism, Christianity, and Islam; peace and mercy with respect to God; Judaism on violence and reconciliation; religion as a force for reconciliation and peace; and Christian resources for nonviolent peace-building.

Gabbay, Zvi. Justifying Restorative Justice: A Theoretical Justification for the Use of Restorative Justice Practices.

This article analyzes the philosophical premises of the two main theories of punishment that influence sentencing in most Western countries—retributivism and utilitarianism—and compares them to the basic values and practices of restorative justice. The article argues that if justice is given a deeper meaning and punishment is viewed more broadly, restorative justice practices do not contradict the basic principles upon which the current criminal justice system is based. Rather, restorative justice can be included in the criminal justice system to not only uphold the theories of that system, but also to help amend some of its deficiencies and further its goals. This article begins by exploring the deficiencies of the current criminal justice system and how restorative justice can address these deficiencies by including victims in the process and preparing the offender and community for his or her re-entry into society. The second half of the article argues that restorative justice practices are not only justifiable on a practical level, but that they also satisfy the theoretical requirements of the two major theories of punishment in Western societies—retributivism and utilitarianism. The article concludes with a discussion of how restorative justice differs from the “rehabilitative ideal”, popular in the early part of the 20th century, and whether restorative justice practices can provide enough uniformity and equality to be successful in the criminal justice systems of most Western countries.

Umbreit, Mark S and Ritter, Rina. Palestinian Offenders Meet Israeli Victim: Restorative Family Dialogue in Israel.

This article is a brief introduction to restorative justice, followed by a case study. The case study involves two young male Palestinian offenders, who were charged with attempted robbery and conspiracy to committing a felony, and their victim, who was a young Israeli woman.

Ritter, Rina and Umbreit, Mark S.. Arab Offenders Meet Jewish Victim: Restorative Family Dialogue in Israel.

A case example of restorative family dialogue involving young Arab offenders who committed an armed robbery against a Jewish victim in Israel who experienced the crime as an act of terrorism was found to be highly effective in resolving the conflict and building stronger relations between the two communities. While on a microbasis this bodes well for future relations in the region, numerous obstacles exist to widespread use of restorative justice dialogue in Israel and the occupied territories. (author’s abstract)

Spak, Simone. Using Family Group Conferencing in Child Protection Cases in Israel.

Simone Spak is director of Family Group Conferencing in Child Protection, a program of Ashalim (the Association for Planning & Development of Services for Children and Youth at Risk & their Families) in Israel. In this article, she describes a pilot project to use Family Group Conferencing in child protection cases.

Cook, Thomas C. Jr. A Personal Call to Peace: An Interview with Elias Jabbour.

This small book consists of transcribed interviews in 1992, 1993, and 2000 with Elias Jabbour, founder and director of the House of Hope International Peace Center in Shefar’am, Israel. Elias Jabbour is an Arab Christian, and the House of Hope is an Arab-initiated international peace center. In the interview, Jabbour talks about the mission of the House of Hope with respect to conflict resolution and peacemaking, the realities of conflict in the Middle East, and interfaith relations and dialogue.

Liviatan, Ido and Nadler, Arie. "Intergroup Reconciliation: Effects of Adversary's Expressions of Empathy, Responsibility, and Recipients' Trust"

The present study explores the effects of expressions of empathy for the ingroup’s conflict-related suffering and assumed responsibility for causing it by a representative of the rival outgroup on recipient’s willingness for reconciliation. It is suggested that such positive expressions by an adversary will have positive effects on reconciliation only in the presence of a basic level of trust in the outgroup. In two studies, Israeli-Jewish participants were exposed to a Palestinian leader who either expressed or did not express empathy and/or Palestinian responsibility for Israelis’ suffering. After reading the speech, participants completed a questionnaire that measured their attitudes toward reconciliation with Palestinians. Results of both studies show that whereas expression of empathy led to more positive attitudes when trust was high, it tended to have adverse effects when trust was low. Similar effects were not found for assumed responsibility. Implications for research on intergroup conflict and reconciliation are discussed.

SHIKAKI, KHALIL and SHAMIR, JACOB. "Determinants of Reconciliation and Compromise Among Israelis and Palestinians"

This joint Palestinian–Israeli study stresses the importance of public opinion in reconciliation processes. It was conducted in the wake of the Arafat–Barak Camp David summit and intended to set up a baseline for sentiments of compromise and reconciliation among Israelis and Palestinians at the peak of the Palestinian–Israeli peace process. The study is based on surveys of representative samples of the Israeli adult population (n = 525) and the Palestinian adult population in the West Bank, the Gaza Strip and East Jerusalem (n = 1,259). It focuses on the role of expectations for lasting peace and democracy in shaping attitudes towards reconciliation and political compromise. Both publics felt that there is no room for further compromise on the most critical issues of the conflict; the majority in both samples believed that their delegations have made too much of a compromise already. A reliable reconciliation scale was devised from a range of steps listed in the reconciliation literature as prerequisites for successful reconciliation following protracted conflicts. Palestinians overwhelmingly supported reconciliation steps, which promise normalization and a chance for economic well-being. They were more reluctant to support steps towards political alliance and ethos-transforming steps. Israelis’ support for all reconciliation measures except for open borders was noticeably higher. Expectations were found to account for reconciliation and compromise sentiments beyond demographic and political-orientation variables for both the Israeli and Palestinian samples.