Israeli pre-transitional justice and the Nakba-Law
Kapshuk, Yoav and Strömbom, Lisa LU
(2021)
In Israel Law Review
54(3).
p.305-323
- Abstract
- Pre-transitional justice activities that expose past injustices during entrenched conflicts can incite strong reactions among actors who feel threatened by or dislike such activities, and who thus attempt to silence controversial truths. This article illuminates how attempts to silence controversial truths, in parallel with shutting down debate, can also have the unintended outcome of enlarging public discourse on previously marginalised issues. Thus, paradoxically, efforts to curb freedom of expression sometimes result instead in an expanded public capacity to debate previously silenced truths about the conflict. We conduct a case study of reactions to pre-transitional justice in Israeli society focusing on the so-called Nakba Law,... (More)
- Pre-transitional justice activities that expose past injustices during entrenched conflicts can incite strong reactions among actors who feel threatened by or dislike such activities, and who thus attempt to silence controversial truths. This article illuminates how attempts to silence controversial truths, in parallel with shutting down debate, can also have the unintended outcome of enlarging public discourse on previously marginalised issues. Thus, paradoxically, efforts to curb freedom of expression sometimes result instead in an expanded public capacity to debate previously silenced truths about the conflict. We conduct a case study of reactions to pre-transitional justice in Israeli society focusing on the so-called Nakba Law, enacted in 2011. Through interviews with members of the non-governmental organisation Zochrot, politicians, teachers and media persons, we first show the relationship between pre-transitional justice and enacting the Nakba Law. We then demonstrate that while the Nakba Law indeed aimed to hamper freedom of expression, it also enabled increased public knowledge about the meaning of Nakba. Our theoretical proposition regarding this paradox, in this case activated by instigating new memory laws, is highly relevant to other conflicts-in-resolution that experience pre-transitional justice processes. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/2e2ee535-6dff-4757-ab55-a7e2d6f9dfec
- author
- Kapshuk, Yoav
and Strömbom, Lisa
LU
- organization
- publishing date
- 2021
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- transitional justice (TJ), pre-transitional justice, truth, ontological security, Israeli-Palestinian conflict, Nakba, Nakba Law
- in
- Israel Law Review
- volume
- 54
- issue
- 3
- pages
- 305 - 323
- publisher
- Cambridge University Press
- external identifiers
-
- scopus:85115644827
- ISSN
- 0021-2237
- DOI
- 10.1017/S0021223721000157
- language
- English
- LU publication?
- yes
- id
- 2e2ee535-6dff-4757-ab55-a7e2d6f9dfec
- date added to LUP
- 2021-07-03 11:12:44
- date last changed
- 2023-10-10 21:44:22
@article{2e2ee535-6dff-4757-ab55-a7e2d6f9dfec,
abstract = {{Pre-transitional justice activities that expose past injustices during entrenched conflicts can incite strong reactions among actors who feel threatened by or dislike such activities, and who thus attempt to silence controversial truths. This article illuminates how attempts to silence controversial truths, in parallel with shutting down debate, can also have the unintended outcome of enlarging public discourse on previously marginalised issues. Thus, paradoxically, efforts to curb freedom of expression sometimes result instead in an expanded public capacity to debate previously silenced truths about the conflict. We conduct a case study of reactions to pre-transitional justice in Israeli society focusing on the so-called Nakba Law, enacted in 2011. Through interviews with members of the non-governmental organisation Zochrot, politicians, teachers and media persons, we first show the relationship between pre-transitional justice and enacting the Nakba Law. We then demonstrate that while the Nakba Law indeed aimed to hamper freedom of expression, it also enabled increased public knowledge about the meaning of Nakba. Our theoretical proposition regarding this paradox, in this case activated by instigating new memory laws, is highly relevant to other conflicts-in-resolution that experience pre-transitional justice processes.}},
author = {{Kapshuk, Yoav and Strömbom, Lisa}},
issn = {{0021-2237}},
keywords = {{transitional justice (TJ); pre-transitional justice; truth; ontological security; Israeli-Palestinian conflict; Nakba; Nakba Law}},
language = {{eng}},
number = {{3}},
pages = {{305--323}},
publisher = {{Cambridge University Press}},
series = {{Israel Law Review}},
title = {{Israeli pre-transitional justice and the Nakba-Law}},
url = {{http://dx.doi.org/10.1017/S0021223721000157}},
doi = {{10.1017/S0021223721000157}},
volume = {{54}},
year = {{2021}},
}