Palestine and Israel: A Challenge to Justice

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Duke University Press, 1990 - History - 337 pages
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The dispute over Palestine between the Palestinian Arabs and the Israelis is one of the most volatile and intractable conflicts in the world today. Palestine and Israel examines the history of this battle from the perspective of international law, and it argues that a long-term solution to the conflict must protect legitimate interests to remain viable—an element the author believes has so far been seriously neglected. This extensively documented work details the complex politics and agonizing struggles that have characterized the clash between Jews and Arabs, examining in depth the competing claims to Palestine and the extent to which legitimate interests remain to be fulfilled.
Beginning with the early Zionist settlement in Palestine that rose from the effort by Jews to escape long-standing discrimination in Europe, Qigley investigates the origins of the dispute, including the British occupation of Palestine, the British Mandate, and the involvement of the United Nations. He examines the 1948 War, the establishment of Israel, and explores the legal and political status of Jews there. After a detailed analysis of the 1967 War and Israel’s occupation of the West Bank and Gaza Strip, he concludes with recommendations for resolving the conflict, including discussions of the responsibility of other states for the persisting injustice, the role of other states in settling the dispute, and steps to a possible solution.
 

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John B. Quigley, Professor of Law at Ohio State University, is a long-time, well recognized enemy of Israel, using his credentials as Law Professor to misinterpret the history of the British Mandate and the many wars that Israel has fought to repel Arab invaders, and to question the legality of the Jews living in Judea and Samaria. He systematically refuses to recognize that the official policy of Hamas and Hezbollah is to rid the near-east of the Jewish presence, in consonance with the teaching of Islam that Jews are sub-human and should be hunted down and killed. 

Contents

The Legislation that Makes
15
The UN Recommendation
32
Whose Land to Give? The UN Power over Palestine
47
The Claim of Ancient Title
66
The Departure of the Palestine Arabs
82
The Repopulation of Palestine
97
Arab Commerce Agriculture and Labor
111
Israel Jewish
116
Mortal Danger? The 1967 IsraelArab War
161
Israels Control of the West Bank and Gaza
168
Confiscation and Settlements
174
Commerce Agriculture and Labor
182
The Palestine Arabs Claim of a Right to Resist
189
Resistance by the Palestine Arabs to Occupation
198
Part Five Resolution of the PalestineIsrael Conflict
207
Responsibility for Wrongs in Palestine
209

Arab Access to Land
121
Nationality and Citizenship
126
Arabs in Israels Political System
131
Arabs and Governmental Services
138
Ethnic Distinctions in the Law of Israel
145
Part Four The 1967 War the West Bank and the Gaza Strip
151
War Always on the Horizon
153
The Role of Other States in Resolving the Conflict
216
A New Role for the United Nations
222
Palestines Declaration of Independence
228
Notes
233
Index
327
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