Middle East

Provides articles discussing restorative justice advancements in the Middle East. Articles appear in the order in which they were added to the site with the most recent appearing first.

• Israel |
• Lebanon

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.

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.

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.

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.

Yousufzai, Hassan and Gohar, Ali. Towards Understanding Pukhtoon Jirga.

The Pukhtoon peoples – that is, those who share certain ethnic roots and the Pukhtoon language – live in parts of Pakistan and Afghanistan. One of their longest standing cultural traditions or institutions is the jirga. It is a public assembly – involving political, legal, and social elements – for the settling of public and private issues and conflicts. In this booklet, Hassan Yousufzai and Ali Gohar introduce and explain the jirga for those not familiar with it. They began this project based in part on their experiences as Pakistani Muslims who arrived at Eastern Mennonite University to study conflict transformation – only a few days before the September 11, 2001, terrorist attacks against targets in the United States. They ask how, in the era of globalization, contemporary people should treat ancient, indigenous institutions like the jirga. Should modern institutions simply overwhelm and push aside older institutions? Or, is there a way whereby modern, more codified systems can benefit from and work together with traditional systems? To explore all of this, they interviewed a wide range of individuals and groups with knowledge of and experience with the Pukhtoon jirga. Thus Yousufzai and Gohar document and present the dynamics of the jirga, discuss it as a peace-building body, characterize it as a grass-roots organization, and speculate on the future of the jirga.

King-Irani, Laurie. To Reconcile, or to be Reconciled?: Agency, Accountability, and Law in Middle Eastern Conflicts.

As have other countries and regions around the world, the Middle East has experienced much conflict, injustice, and violence within and between countries of the region over decades. In this paper, Laurie King-Irani asks whether international human rights ideas and laws apply to the region. Should, for example, Middle Eastern countries seek reconciliation and transformation of conflict among their people by dealing with past injustices and human rights violations through one or another of the various mechanisms used in other countries? Or, as King-Irani reports the perspective of a U.S. government official in the late 1990s, should people in Middle Eastern countries reconcile themselves to the realities of life in troubled, autocratic regimes? In this context, and with a focus on addressing injustices in Lebanon and between Israel and Palestine, she uses anthropology to examine moral, legal, and cultural issues relating to impunity, accountability, stereotypes, tribal identities, and politics.

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.

Gohar, Ali. Traditional and Modern Approaches to Peacebuilding: Afghan Refugees in Pakistan.

Conflict tends to develop between two individuals as a result of the misuse of language. Resolution comes from the same source – local language and custom. An outsider, having no knowledge of traditional, customary law, cannot effectively solve community problems. Traditional approaches to conflict resolution are able to deal with conflict before it spreads. If modern, non-traditional knowledge is included within the traditional framework, with respect for traditional norms and values, training the community worker is effective. Approaches must be bottom-up with strong networks at the community level to guarantee the success of every project. (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)

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)

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)

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)

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.

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.

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.

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.