The Unmaking of “Conflict:” A CRT-TWAIL Analysis of the Cases of Colombia and Palestine(-Israel)

Introduction

ABSTRACT

This Article applies a CRT-TWAIL analysis to the cases of Colombia and Palestine. Critical Race Theory studies how race holds legal meaning. Third World Approaches to International Law examines how colonialism became modern international 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 racism. A CRT-TWAIL framing of the case study of Palestine under the Zionist, racialized, and militarized order reveals how occupation law can obfuscate Palestinian self-determination. The Article demonstrates that in uncovering the reality of legalized and racialized “conflicts,” a joint CRT-TWAIL lens can create networks of solidarity between similarly positioned groups worldwide to decolonize the law.

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