01 Jul Obsolete Frameworks of Traditional Failed State theory: Legal institutions and the Palestinian Genocide

Nur Aksamija

Social Science, New York University, Shanghai, China

E-mail: na3333@nyu.edu

Abstract

Traditional failed state theory examines internal institutional collapse; while political theorists have long begun critiquing this approach, often conversations of reactionary efforts to domestic and international conflict mimics traditional, and misguided, understanding of failed states. Considering the 20 months of indiscriminate violence against the Palestinian people waged by Israel, in a manner that has led UN agencies and NGOs to declare as genocidal, it has become increasingly clear that said understandings of conflict beginning with the failure of domestic institutions must be ceded. Instead, in the context of Palestine, Israeli legal frameworks, such as the Nation-State Law of 2018, and binding international decisions, such as the Oslo Accords, have long limited domestic institutions. Therefore, traditional failed state theory is a misguided manner of viewing the current violence faced by the Palestinian people. With this, an investigation that is rather consideres a law-focused approach reveals crucial changes to humanitarian policies that must be undertaken. This paper highlights the Crucial reform that must be undertaken in academic understandings of institutional decay and the international

legal system’s approach to humanitarian principles.

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Keywords: Failed State Theory, Palestine, Genocide Studies, International Humanitarian Law