Toward Nakba As a Legal Concept

A groundbreaking case for a legal narrative against Israeli occupation, apartheid, and genocide in Palestine.
Taking a lesson from the struggle to dismantle apartheid in South Africa, Rabea Eghbariah makes the case for the creation of a new concept in international law: Nakba. The Arabic term "al-Nakba" was assigned to Israel's violent mass displacement of Palestinians in 1948 as a discrete event. Over the past 75 years, the Nakba has proved to be not a singular event, but an ongoing structural process of oppression. International law does not currently possess the language we need to accurately define and address the Palestinian condition. While the legal categories of occupation, apartheid, and genocide are each components of the Palestinian experience, Eghbariah argues that they do not individually capture the totality of Zionism's project to erase Palestine. Establishing Nakba as a legal concept constitutes a crucial step towards building a formal case for Palestinian liberation.

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