EUME Lecture
Fri 12 Oct 2018 | 15:00–17:00

The Jewish Nation State Law and its Constitutional Implications on the Future of the Two-State Solution

Hassan Jabareen (lawyer, Adalah), Chair: Himmat Zoubi (EUME Fellow 2018/19)

Forum Transregionale Studien, Wallotstr. 14, 14193 Berlin

In the last decades, the human rights discourse concerning the Israeli-Palestinian question distinguishes between two Israeli legal systems, one that applies only within the Green Line, and the other that applies in the 1967 Occupied Territories. In July 2018, the Israeli parliament passed the Basic Law: The Nation State of the Jewish People. This Basic Law provides that the “Land of Israel” (historic Palestine) is the historical homeland of the Jewish people, and that the right of self-determination in the State of Israel is only for the Jewish people. In addition it provides that the State of Israel must promote Jewish settlement. This law constitutes the constitutional identity of the Israeli legal regime. My presentation will refer to the constitutional implications of this law on the future of the two-state solution. I will argue that this law violates the right of self-determination of the Palestinian people based on the UN Charter, and that it opens a new legal discourse, which analyzes the Israeli legal regime as one regime that applies to all of the Palestinian people inside the Green Line and in the OTs.


Hassan Jabareen is a Palestinian lawyer and the founder and general director of Adalah – The Legal Center for Arab Minority Rights in Israel. He was a research fellow at the Wissenschaftskolleg in Berlin in 2015-2016, and a Yale World Fellow in 2005-2006 and Senior Robina Law Fellow at Yale Law School in 2012-2013. He has received many awards for outstanding public interest lawyering and top human rights law prizes. He has 25 years of experience in litigating scores of landmark constitutional law cases before the Israeli Supreme Court on behalf of Palestinian citizens of Israel as well as cases involving the protection of Palestinian civilians living under occupation.

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