Emptied Lands : A Legal Geography of Bedouin Rights in the Negev

It is commonly claimed by Israeli authorities that Bedouins are trespassers who never acquired property or settlement rights in southern Israel/Palestine. This led to massive dispossession of Bedouins. This book sets to examine state claims by providing, for the first time, a thorough analysis of the legal geography of the Negev. It adopts critical scholarly perspectives, drawing on multidisciplinary sources from geography, law, history and the social sciences. The study defines the “Dead Negev Doctrine (DND)”—a set of legal arguments and practices founded on a manipulative use of Ottoman and British laws through which Israel constructed its own version of “'terra nullius”—the now repealed colonial doctrine denying indigenous land and political rights. The book systematically tests the doctrine, using systematic archival and geographic research, and focusing on key land cases, most notably the al-‘Uqbi claim in ‘Araqib. The analysis reveals that the DND is based on shaky, often distorted, historical and legal grounds, thereby wrongly denying land rights from the majority of the Negev Bedouins. The book then discusses the indigeneity of the Bedouins in the face of persistent state denial. It argues that international law and norms protecting indigenous peoples are highly applicable to the case of Negev Bedouins. The book then offers an overview of state and Bedouin proposals to resolve the dispute. It shows how alternative plans advanced by the Bedouins, based on the concepts of recognition and equality, provide the most promising path to resolve the protracted conflict. "Since its establishment, the Jewish State has devoted major efforts to secure control over the land of Israel. One example is the protracted legal and territorial strife between the Israeli state and its indigenous Bedouin citizens over traditional tribal land in the Negev in southern Israel. Emptied Lands investigates this multifaceted land dispute, placing it in historical, legal, geographical, and comparative perspective. The authors provide the first legal geographic analysis of the "Dead Negev Doctrine, " which has been used by Israel to dispossess Bedouin inhabitants and Judaize the southern half of the country. Through crafty use of Ottoman and British laws, particularly the concept of "dead land, " Israel has constructed its own version of terra nullius. Yet, the indigenous property system still functions, creating an ongoing resistance to the Jewish state. This study examines several key land claims and rulings and alternative routes for justice promoted by indigenous communities and civil society movements."--Résumé de l'éditeur Emptied Lands investigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international-comparative perspectives, providing the first legal geographic analysis of the "dead Negev doctrine" used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version of terra nullius . Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state. Emptied Lands critically examines several key land claims, court rulings, planning policies, and development strategies, offering alternative local, regional, and international routes for justice. Introduction : terra nullius in Zion? -- The legal geography of indigenous Bedouin dispossession -- The land regime of the late Ottoman period -- The land regime of the Bristish Mandate period -- Making the "dead Negev doctrine" during the Israeli period -- Historical geography of the Negev : Bedouin agriculture -- Bedouin territory and settlements -- The Bedouin as an indigenous community -- International law, indigenous land rights and Israel -- Contested futures -- State and Bedouin policies and plans