Exploring Nakba as a Legal Concept and Its Implications for Palestinian Liberation 

By Safia Sangster, Raquel Abifadel, Leo Colonnello, and Maria Elena Lugo 

The 1948 mass expulsion of Palestinians from their homes and land to establish the State of Israel — the Nakba — still marks their lives and reality to this day. Addressing the humanitarian conflict of Palestine in the international legal system is increasingly complex given its multidimensional nature. Although terms like genocide and apartheid are frequently used to describe and address the experience of Palestine today, there remains a lack of a universally accepted legal term that fully encapsulates the breadth and depth of the Palestinian condition. 

Drawing from the article “Toward Nakba as a Legal Concept” by Palestinian international lawyer Rabea Eghbariah, this podcast explores the concept of Nakba, not only as a historical event in 1948, but as a lens to understand, and bring justice to, the ongoing legal, political, and socio-historical challenges Palestine faces. The insights from the experts featured in this podcast, the Ambassador of Palestine to the UN in Geneva and an International History and Politics PhD Researcher from the Geneva Graduate Institute, help us explore Nakba as a reference point for understanding Palestinian identity, resistance, and the quest for justice. 

Colonial States of Emergency: When the Exception is the Norm

By Cristopher De La Torre Garzon, Gunjan Shree, Rana Nur Aydin, and Vera Minder

This podcast explores how the state of emergency is used as a tool of governance on indigenous groups in Ecuador and minority groups in Israel, inheriting colonial mechanisms. Through these cases, the podcast sheds light on the transformation process of state of emergency measures into permanent states of exception. By suspending normal legal protections, governments are able to control marginalised groups and sustain colonial mechanisms of power. The analysis ultimately aims to explain how exceptional legal measures normalise the suspension of rights, creating lasting impacts on affected communities by reducing them to their most basic biological existence, disembedded from their social being.

The Boundaries within: From Catalonia to Kurdistan 

By Marina Baptista, Ahmet Haksever, Aina Nagate, and Romane Vacca 

After the virtual end of decolonisation, demands for self-determination continued to challenge the unity of nation states, threatening territorial integrity. Conceptualised originally as a remedial concept to grant colonies freedom from external oppression, its extension to groups within existing states fuels sovereignty concerns. 

This podcast explores one particular aspect of this timely relevant concept: Internal Self-determination, which is a right of peoples to be heard and actively participate in shaping their political and cultural futures within states, rather than a right to independence. Through the cases of Catalonia and Kurdistan, and with the expert help of Dr. Maria Neus Torbisco, an authority on the Catalan’s case, and Clare Maxwell, whose research focuses on the Kurdish diaspora across Europe, this podcast analyses the challenges to international law posed by the need to accommodate diverse groups internally while preserving state unity. 

Redefining Justice: Holding the World Accountable for Environmental Harm 

By Bejan Larisa-Nicoleta, P Harshvardhan, Aleksandra Ewelina Nowakowska, and Purva Vyas 

On 9 September 2024, the island nations of Vanuatu, Fiji and Samoa issued a proposal to amend the Rome Statute and recognise ecocide as an international crime. This episode welcomes Lilian Robb, a legal practitioner, representative of Stop Ecocide Switzerland and PhD candidate at the Geneva Graduate Institute, to uncover the significance and implications of this initiative. 

The discussion goes beyond legal formalities to explore the cultural, political and historical dimensions of ecocide. Lilian challenges the traditional separation of environmental law and human rights, rooted in Western legal systems, and highlights the interconnectedness of people and nature in Indigenous perspectives. Looking to the future, she calls for a shift towards legal frameworks that value nature intrinsically, independent of its utility to humans. Recognising ecocide as a crime offers an opportunity to dismantle outdated systems, embrace diverse cultural perspectives, and foster environmental justice for those most impacted by environmental destruction. 

Justice vs. Humanity: Where Do Our Priorities Lie In Gaza?

By Bong A Jan Chynna Jay, Hazra Arkoprabho, Petlane Vania, Werbe Margaux, and Isabel Fear 

In light of the recent ICC arrest warrants for leaders of Hamas and Israel, this podcast explores the tension between international legal frameworks and the urgent humanitarian needs in conflict zones, focusing on Gaza, suggesting that the focus on legality might be diverting attention from the imperatives of humanitarian protection, as highlighted by Philip Alston and Cordula Droege.

To gain another practical perspective, the authors consult Luc Chauvin, UNICEF’s Head of Humanitarian Operational Partnerships. He argues that the issue isn’t a lack of focus on legality but rather the insufficient application and respect for international law in practice. While this at first seems to challenge the authors’ initial findings, it aligns with Droege’s view that legality often lacks genuine respect and adherence, and Alston’s perspective that while legal actions are being pursued, there is still failure to find political solutions and address problems on the ground. The focus must return to the core purpose of international law: safeguarding justice, ensuring accountability, and upholding the principles it was designed to serve.

Humanitarian Aid under Fire: Tzav 9 and Its Legal Implications

By Linda Brunner, Addison Heintz, Alexander Hoang, and Stefania Plougarli

Focusing on Tsav 9, a violent Israeli group that has actively disrupted aid convoys sent to Gaza since early 2024, this podcast interviews Tom Dannenbaum, a professor of International Law at the Fletcher School of Tufts University and a specialist in international humanitarian law, about the complex dynamics between private groups and the state within the context of international law. 

In addressing issues of culpability, the podcast examines whether Tsav 9 can be held liable under international humanitarian law for its role in perpetuating starvation as a weapon of war. It then inquires whether Israel bears any responsibility for the group and its actions. Exploring mechanisms of accountability, the podcast focuses on the individual criminal liability of Tsav 9 members before addressing alternative options, including the previous use of economic sanctions by foreign powers on the group. Finally, the podcast examines recent trends in the privatisation of violence globally and questions whether this, in turn, creates a legal loophole for states to leverage private actors as proxies for state interests.

Out of Sight, Out of Rights: Human Rights and EU Migration Policy in the Mediterranean Sea

By Giovanna Capecchi, Sana Horikawa, Matilde Pozzi, and Rachael Rios

This podcast explores the urgent and complex human rights crisis faced by migrants who travel through the Mediterranean Sea, one of the most dangerous migration routes in the world. It examines the contradictions between the European Union’s public legal commitments to human rights, and the realities behind EU migration policies. It analyses how the principle of non-refoulement, a fundamental obligation for States enshrined in international and EU law, is often circumvented through externalisation policies and other ambiguous strategies. 

In an exclusive interview, Ms. Giorgia Linardi, spokesperson for the NGO Sea-Watch and visiting professor at the Geneva Graduate Institute, shares powerful insights into the systemic neglect of people at sea, criminalisation of rescue efforts, and the wider implications of EU policies that leave migrants stranded and unsupported. Do these policies reflect Europe’s core values or do they simply perpetuate a cycle of abuse and neglect, with no accountability or transparency, where the suffering of migrants remains out of sight?

Beyond the Barrier: Navigating Gaza’s Blockade and Its Humanitarian Impact 

By Georgia Ross, Eeman Gilani, Yangziyan Ji, and Yashica Yashica 

This podcast offers a critical examination of the blockade’s systemic effects on humanitarian operations and the lives of Gazans, facilitated by two experts: Ajith Sunghay from OHCHR serving as the head of the UN Human Rights Office in the Occupied Palestinian Territory and Asma Taha, a healthcare professional who has volunteered in Gaza, providing life-saving medical care. It explores how the blockade functions not merely as a logistical restriction but as an instrument of structurally colonising violence, reinforcing cycles of dependency, deprivation, and societal breakdown. 

Ultimately, the podcast challenges listeners to consider how the blockade's legal classification — whether as a war crime, crime against humanity, or atrocity crime — might provoke international action.

Shattered Yet Unbroken: Palestinian Existence under Israeli Apartheid

By Nada Hashweh, Vlasta Kovbasa, Namira Ayumi Zahra, and Maria San Miguel Vidal

Apartheid, which is today recognised as a crime against humanity, is often attributed to Israel’s treatment of Palestinians. This podcast uncovers the realities of apartheid and occupation in Palestine. Focussing on issues such as geographic fragmentation and the ID system, segregation within the West Bank, the discrimination faced by Palestinians in East Jerusalem, and Gaza’s blockade and isolation, it explores the historically embedded segregation created by Israeli laws while reflecting on its contemporary consequences and today's realities.

A key part of the discussion features an insightful interview with prominent Palestinian journalist Noor Harazeen, who provides a unique perspective on the life of Palestinians before October 7th, as well as on the ongoing genocide, drawing parallels between the current situation and the 1948 Nakba.

Discover other podcasts produced by Prof. Billaud’s students:

• In 2023
• In 2022
• In 2021

Banner picture: Shutterstock/Fehmiu Roffytavare.