Disentangling Displacements: Historical Justice for Mizrahim and Palestinians in Israel
21(2) Theoretical Inquiries in Law 427-458 (2020)
32 Pages Posted: 21 Sep 2020
Date Written: July 28, 2020
Abstract
Israel’s discursive strategy for legitimizing the displacement of Palestinians in 1948 involved describing it as part of a regional “population exchange.” This argument contributed to three critical characteristics of Israeli citizenship. First, it solidified an understanding of citizenship as a negation of persecution and a haven for would-be Jewish refugees. Second, it tied Mizrahi claims against states across the Middle East to Palestinian claims against Israel. Israel thus exploited Mizrahi refugee rights for its geostrategic interests — a fight against the claims of Palestinian refugees. This had detrimental material consequences for both groups. Third, this strategy contributed to the construction of Palestinians as an “exchangeable remainder” and a demographic threat that could potentially pose a risk to the Jewish majority. Ultimately, Israel irrevocably entangled the displacement histories of three groups: Ashkenazi Jews, Mizrahi Jews, and Arab Palestinians. This Gordian knot remains with us today, and is reflected in a stratified Israeli society. But the vision that this symposium suggests we consider, that of “historical justice,” demands that it be undone. This Article therefore offers a way in which the refugee histories could perhaps one bay be disentangled: a program of reparations for the Mizrahi and Palestinian citizens of Israel.
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