The conflict within US universities over support for and reporting on
the war Israel is waging in Gaza has thrown up another depressing case.
Last November, lawyer Rabea Eghbariah was to be the first Palestinian
published in the Harvard Law Review, but he had his essay spiked before
it could be published. The editors of the Columbia Law Review stepped in
and stepped up, offering Eghbariah a chance to publish a newly updated
essay in their journal. The Review’s board of directors intervened,
responding not just by censoring the article itself, but by disabling
the Review’s entire website. (It currently says, seemingly
dishonestly, that it’s “under maintenance”.)
The worst thing is that Eghbariah’s article, which can still be read
here, is not some aggressive polemic. It’s a thoughtful,
considered, thoroughly researched essay that argues that the experience
of the Palestinian people since 1948 is a category of oppression worthy
of its own label, “nakba”. Eghbariah argues that it differs from
genocide, from apartheid and from colonialism in important ways, ways
that the law should recognise – just as it did following the Nuremberg
trials, which prompted the recognition of “genocide” as a special
category of crime that could exist in addition to “crimes against
humanity”, which predated World War II.
Whatever you think of Eghbariah’s argument – I happen to find it
extremely persuasive, but others may not – it seems deeply troubling
that the Law Review of an Ivy League college would stoop to such naked
censorship. #