The British newspaper "The Guardian" reignited the debate on an analytical article published by a Palestinian human rights activist on the website of a Columbia University-affiliated magazine, which caused widespread controversy. The article addressed the legal situation surrounding what is historically known as the Palestinian "Nakba." The Palestinian human rights activist, doctoral student Rabi' Eghbariah, attempted to explain what Palestinians refer to as the "Nakba," indicating the process of displacement from Palestine in 1948 from a legal perspective. Eghbariah argues in his article that the term "Nakba," which Palestinians have used for decades, encapsulates the multiple and intertwined legal complexities of Palestinian life in the absence of the right to self-determination.
Eghbariah, who has previously contributed intellectual work on the Palestinian cause that has also stirred controversy, obtained permission for publication in "The Review" affiliated with the university. However, student editors of the magazine stated that they faced pressure from the magazine's board to halt the publication of the article, which seemingly accused Israel of committing genocide in Gaza and supporting an apartheid system. When the editors refused to succumb to this pressure and published the article on Monday, the board — consisting of faculty and alumni from Columbia Law School — completely shut down the website. The site remained unavailable for nearly a week, displaying a static homepage informing visitors that the site was "under maintenance."
Following a debate about censorship between the editors and the board, the website of the prestigious magazine re-emerged. The board expressed concern that the article did not go through the "normal review or selection processes for articles." The board justified its position by explaining that the decision was made "to allow the student editors some time to review the article and provide time for legal review to determine how to move forward; we temporarily suspended the site."
In contrast, those involved in editing the article insisted that they followed a rigorous review process, even acknowledging that they took steps to prevent expected negative reactions by limiting the number of students aware of the article. Eghbariah's 105-page article, titled "Towards the Nakba as a Legal Concept," proposed a new framework for explaining the complex and fragmented legal systems governing Palestinians. According to "The Guardian," Eghbariah aimed to place the "Nakba" at the center of a new legal conversation.
This is not the first time Eghbariah's ideas have been deemed "dangerous"; previously, the "Ivy League" association, comprising eight private research universities in the northeastern United States, refused to publish his work. After working on his contribution for nearly six months, Eghbariah found a place for it in the Columbia Law Review after a previous article he wrote for the Harvard Law Review was rejected at the last minute. Eghbariah stated to "The Guardian," "We need to discuss my right to say what I want to say, rather than arguing about what I said." He added, "I feel more convinced of my work as long as it generates such repression."
Ultimately, Eghbariah's story captured headlines in major newspapers, and a PDF version of the article was widely circulated on social media, garnering far more readers than is usual for legal studies. He commented that "people can recognize the reality of these authoritarian tactics and reject them," emphasizing that censorship in this case has backfired. When Eghbariah woke up last Monday morning, he assumed his article had been published, noting, "It should have been an extremely exciting moment." However, he soon found the magazine's website inaccessible, as it was "under maintenance," before realizing that the review board had disabled the site. He remarked, "It is extremely concerning that they would go to such lengths."
As for who he is, Eghbariah, who is pursuing a PhD at Harvard Law School, divides his time between Massachusetts and Haifa, Israel, while formulating the ideas that led to his study. He has worked at the legal organization "Adalah," representing Palestinian clients in the Israeli judicial system — some in Gaza, others in the West Bank or occupied East Jerusalem, and some as Israeli citizens. Eghbariah fights for the reunification of Palestinian families separated by different legal systems. Each time he and his colleagues raise an issue, they have to figure out the legal framework that will apply to that specific case, as described by the British newspaper.
Different legal systems apply to Palestinians living under Israeli rule or in neighboring Arab countries, or anywhere else. Eghbariah explained, "It is a kind of system of domination through fragmentation." He added, "We have been trained to engage in these 'legal games,' navigating from one framework to another."
