Law Commons^™

“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 …