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![handle is hein.journals/nyuls49 and id is 1 raw text is:
THE UNMAKING OF CONFLICT: A CRT-TWAIL
ANALYSIS OF THE CASES OF COLOMBIA AND
PALESTINE(-ISRAEL)-
ABSTRACT
This Article applies a CRT-TWAIL analysis to the cases ofColombia and Pal-
estine. Critical Race Theory studies how race holds legal meaning. Third World
Approaches to International Law examines how colonialism became modern in-
ternational law. Through two case studies of conflict, this Article presents the
instrumentality of an applied joint CRT-TWAIL analysis. A CRT-TWAIL framing
of the case study of Afro-Colombians, Indigenous Colombians, and the armed
conflict in Colombia shows how transitional justice fails to address colonial rac-
ism. A CRT-TWAIL framing of the case study of Palestine under the Zionist, ra-
cialized, and militarized order reveals how occupation law can obfuscate Pales-
tinian self-determination. The Article demonstrates that in uncovering the reality
of legalized and racialized conflicts, a joint CRT-TWAIL lens can create net-
works of solidarity between similarly positioned groups worldwide to decolonize
the law.
oc In March 2022, I participated in PalTrek. I witnessed firsthand the Israeli settler-colonial
military occupation and apartheid regime whose objective is the genocide of
Indigenous Palestinians, as explicitly seen since October 8, 2023. UN NEwS, Rights Expert Finds
Reasonable Grounds' Genocide is Being Committed in Gaza (Mar. 26, 2024),
https://news.un.org/en/story/2024/03/1147976 [https://perma.cc/38BQ-YMC6]; see A Textbook
Case of Genocide : Israeli Holocaust Scholar Raz Segal Decries Israel's Assault on Gaza,
DEMOCRACY Now! (Oct. 16, 2023), https://www.democracynow.org/2023/10/16/razsegaltext-
book case of genocide [https://perma.cc/4UXF-DPS4].
In occupied Palestine, I immersed myself in the counternarrative conversation to advocate for
Palestinian liberation. This article contributes to that counternarrative work. I wrote the first draft of
this article in spring 2022. A lot has changed but the call remains the same: free Palestine.
I am grateful to the RLSC editors for welcoming scholarship about Palestine in a time of ex-
treme censorship of Palestinian voices and content. See, e.g., Toward Nakba as a Legal Concept:
Meet the Palestinian Lawyer Censored by Columbia and Harvard, DEMOCRACY Now! (June 5,
2024), https://www.democracynow.org/2024/6/5/harvard_columbia_law_school_nakba_censorship
[https://perma.cc/GF35-74LF; and https://perma.cc/P2LK-77EH] (including the censored article
which is a necessary read).
I am grateful for the editors' work on this article. All errors remain mine.
1
Imaged with Permission of N.Y.U. Review of Law & Social Change](ViewImageLocal?handle=hein.journals/nyuls49&div=1&collection=&method=preview&ext=.png&size=3)