On Thursday, Nov. 6, the Schusterman Center for Israel Studies held the event, “We Have Invented a New International Legal Concept of ‘Administered Territories’: Making Israel’s Legal Space, 1948-50.” The event was available for members of the Brandeis community in person, while an online webinar was available to the public. Speaking at the event was Prof. Rephael Stern ’11, a professor at Boston University School of Law, and a Brandeis graduate with a Bachelor of Arts in History. Stern has also received a Master’s Degree in Near Eastern Studies from Princeton University, a Doctorate of Law from Harvard Law School, and a Ph.D. from Harvard University. His research focuses on international law as well as Jewish and Middle Eastern studies. 

Stern began the discussion by sharing about his past at Brandeis, noting that he originally came to the University to play baseball and study on the pre-medical track until he eventually shifted course to pursue Middle Eastern history. He noted that Brandeis was key in helping launch his career, especially since he had “great mentors” and was able to receive support from the Schusterman Center for Israel Studies, for his senior thesis. The event was also the first time Stern has been able to share his research on this topic. 

The primary question that the discussion focused on was how Israel determined its boundaries and territories upon its establishment in May of 1948. While Israel was officially declared a state on May 14, 1948, very little was explicitly stated about the country’s borders. Stern shared that “this omission was intentional” and was used as a means of “keeping Israel’s options open.” 

Stern highlighted the work of Israeli lawyers Yitzhak Shaki and Ya’akov Shimshon Shapira. In June of 1948, the two began heading the movement to reclassify this land under proper legal definitions. While many contributed to the effort, Stern named Shaki and Shapira as its primary leaders. 

Initially, these leaders considered using the term “conquered” as a description of these newly acquired territories. However, that term implied some sense of conflict, which Israeli leaders felt would be inaccurate. Leaders were seeking to include Jerusalem in these new maps, and if they were to classify this land as “conquered” it may send the wrong message. In Stern’s own words, “Jerusalem is not enemy territory.”  

Leaders also considered designating the land as “terra nullius,” said Stern. In Latin, this translates to “land where there was literally no one.” However, since there were already established communities living there, they decided against using the term. Additionally, leaders considered the “territorium nullius,” meaning the land was inhabited but “lacking a territorial sovereign.” The concept of “territorium nullius” was established in the 1870s and 1880s during the conquest of Africa. Though Israeli leaders were intrigued by this definition, they did not fully embrace it. After much discourse, Stern explained, Jerusalem was declared  “shetah muhzak” or “administered territory.” This was an entirely new legal concept, but one that was formative in the country’s founding, immediately entwining the nation with issues of international law. 

The question of Israel’s new borders was one of many turning points, said Stern. “[International law] is constructed and reconstructed throughout the course of history.” This was merely one instance of its reconstruction, as international law is ever-evolving and “shaped by shifting legal perceptions.” 

The event comes at a time of extreme contention surrounding Israel’s legal status since the beginning of the war with Gaza that began in October 2023. According to the Schusterman Center’s website, the center aims to foster an academic environment that “is centered on mutual respect, advancing open, non-judgemental conversations and cultivating dialogue that is committed to deepening genuine understanding and empathy.” Though much of the international conversation regarding Israel’s founding has been contentious, the event felt relaxed and open to engagement. On Brandeis’ campus, members of the Brandeis Jewish Bund have accused the state of Israel of rooting its founding in occupation, committing violence against the Palestinian people and establishing a nation steeped in racism and racial supremacy. This has, at times, led to conflict between those who support Israel and others who feel it is an inherently unjust state founded on the principle of supporting one ethnic group while systemically disenfranchising another. Stern’s presentation served as a demonstration of some of the ideological differences between members of the Brandeis community and a reminder of some of the tensions the campus has endured regarding the conflict.

Brandeis has been placed in a unique position as tensions have grown on college campuses throughout the country. As an institution with a high percentage of Jewish students, Brandeis has reasserted its commitment to protecting Jewish social, cultural and religious life at the University. The Schusterman Center has brought in Palestinian and Israeli speakers to discuss the conflict with the goal of promoting public discourse and constructive disagreement, reflecting the student population's varying perspectives. Events, such as this one, are one of the latest attempts by the University to foster dialogue and productive conversation about one of the most pressing and controversial global issues today.