The Case for Palestine: An International Law PerspectiveJohn Quigley brings a necessary international law perspective to bear on the seemingly intractable Israeli-Palestinian conflict in this updated edition of his important book. Since 2000, the cycle of bloodshed and retribution has spiraled increasingly out of control. Quigley attributes the breakdown of negotiations in 2000 to Israel's unwillingness to negotiate on the basis of principles of justice and law. He argues that throughout the twentieth century and into the twenty-first, established tenets of international law-and particularly the right of self-determination-have been overlooked or ignored in favor of the Zionists and then the Israelis, to the detriment of the Palestinians. In this volume, Quigley provides a thorough understanding of both sides of the conflict in the context of international law. Quigley contends that the Palestinians have a stronger legal claim to Jerusalem than do the Israelis; that Palestinian refugees should be repatriated to areas including those within the borders of Israel; and that Israel should withdraw from the territory it occupied in 1967. As in his earlier volume, Quigley provides an extensively documented evaluation of the conflict over the last century, discussing the Zionist movement, the League of Nations' decision to promote a Jewish homeland in Palestine, the 1948 war and creation of Israel, and Israel's occupation of the West Bank, Gaza Strip, and Golan Heights during the 1967 war. Quigley's argument is not narrowly pro-Palestinian. He believes that Israel should exist, and in his analyses of the contentions on both sides of the conflict, the Palestinians do not escape critique. What Quigely asserts is absolutely vital to the achievement of peace and security is what he provides here: an understanding of the role international law has or-more accurately-has not played in the conflict over the last century. |
Contents
The British Connection | 3 |
for Land | 14 |
The Collapse of the British Mandate | 23 |
The UN Recommendation | 32 |
Palestine in a Power Vacuum | 40 |
Whose Land to Give? The UN Power over Palestine | 47 |
The Realization of the Zionist | 57 |
The Claim of Ancient Title | 66 |
Part Four The 1967 War the West Bank and the Gaza Strip | 151 |
War Always on the Horizon | 153 |
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 |
War of Independence or War | 73 |
The Repopulation of Palestine | 97 |
The Fate of the Arabs Land | 105 |
Arab Commerce Agriculture and Labor | 111 |
Arab Access to Land | 121 |
Nationality and Citizenship | 126 |
Arabs in Israels Political System | 131 |
Arabs and Governmental Services | 138 |
20 | 139 |
Ethnic Distinctions in the Law of Israel | 145 |
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Common terms and phrases
1949 armistice lines Akehurst Arab Higher Committee Arab population Arab-Israeli Conflict Arabs in Israel areas Assembly Official Records attack Avnery Bank and Gaza Ben-Gurion Britain British Charter civilians claim colonial Commission confiscated Council Official Records December Declaration Druze Druze Arabs east Jerusalem Egypt expelled Flapan force G. A. Res Galilee Gaza Strip Haganah Human Rights immigration inhabitants International Law Irgun Israeli Jerusalem Post Jewish Agency Jewish National Fund Jews Jiryis Jordan Journal June Knesset Kretzmer land Law Review League of Nations Legal Lustick mandate ment Middle East military minister Morris Moshe note 24 occupied Palestine Arabs Palestinian Palumbo partition peace political refugees Regulations repatriation Report residents Resolution 181 S. C. Res Security Council Official Segev self-determination settlement settlers Shlaim South Africa status supra note supra note 13 Syria territory tion United Nations Uri Davis villages Weizmann West Bank World Zionist York Zionist Organization