Law Commons^™

Responsibility Sharing And The Rights Of Refugees: The Case Of Israel, Tally Kritzman-Amir

Tally Kritzman-Amir

This paper aims at examining the Israeli refugee law and practice through the lens of responsibility sharing. We will offer a critical analysis of the implementation of the Israeli asylum regime, showing the impact this regime has on responsibility sharing. We will also analyze the discourse on the issue of responsibility sharing, however limited in scope it is. This discussion emerges from an awareness of the fact that Israel is in a unique geopolitical situation, due to its proximity to Africa and being the only economically-stable democracy in the region. Israel is also embroiled in an ongoing conflict with its …

“Otherness” As The Underlying Principle In Israel’S Asylum Regime, Tally Kritzman-Amir

Tally Kritzman-Amir

This paper aims to be one of the first thorough descriptions of the developing asylum system in the State of Israel. The argument presented in this paper is that, despite the inherent moral and doctrinal differences between asylum and immigration regimes, the Israeli asylum system is essentially an extension of Israel’s immigration and citizenship regime, as it excludes the non-Jewish refugees and frames the refugee as the “other.”

I begin this paper with a description of the Israeli immigration and citizenship regime. I show how the Israeli regime favors and includes Jews, and discriminates and excludes non-Jews, with the exclusion …

Looking Behind ‘Protection Gap’: The Moral Obligation Of The State To Necessitous Immigrants, Tally Kritzman-Amir

Tally Kritzman-Amir

Do states have a moral obligation towards immigrants whose immigration is a result of necessity? While some types of necessitous immigrants receive international protection because states hold legal duties towards them, many others are left unprotected. This article looks into this “protection gap” and examines that moral justification for eliminating it by imposing additional obligations on states towards additional immigrants. Part I examines the international law foundations of this dilemma. Part II offers a typology of the different moral obligations that states might owe to different immigrants. Parts III, IV and V suggest a theoretical moralistic argument on the scope …

Not In My Backyard: On The Morality Of Responsibility-Sharing In Refugee Law, Tally Kritzman-Amir

Tally Kritzman-Amir

In this article I argue that the responsibility for protecting of refugees should be shared between the states of the world, rather than allocated in a random manner to the first country of asylum. I will start by explaining why the protection and provision of assistance to refugees is a responsibility-sharing problem. I will turn to discussing the moral considerations which should lead to responsibility-sharing efforts in the context of refugee migration. Then I will offer specific criteria to govern the allocation of responsibility to each country, which should be balanced and weighed against each-other in each refugee crisis, to …