API tools faq
paste
Advertisement
jonstond2

Palestine (and the Israel Question)

jonstond2
Dec 13th, 2015
364
0
Never
Add comment
Not a member of Pastebin yet? Sign Up, it unlocks many cool features!
text 99.57 KB | None | 0 0
raw download clone embed print report diff
  1. Introduction
  2.  
  3. The complexity of Palestinian-Israeli conflict has been sufficiently underlined by politicians and scholars. This is a long-standing dispute, to whose resolution the international community has been strongly committed during more than six decades. But there has not been enough progress toward a just and lasting solution ensuring the Palestinian right to self-determination and Israel’s right to live in peace within secure and recognized borders. Peace proposals have followed one another and none of them have achieved their goals. The focus here will be on the international legal aspects of the conflict. The general idea underlying this analysis is that the final settlement between Palestinians and Israel should be reached in full compliance with international obligations imposed to both parties by international law, particularly by international human rights law and international humanitarian law. As repeatedly required by relevant United Nations resolutions, international rules should be applied to solve the core issues that will have to be addressed in a future peace agreement. Among them are the right of Palestinian refugees to return to their home in Israel or the Occupied Palestinian Territories, the legal status of Arab-Israeli citizens, the question of the Israeli settlements in those territories, and the status of Jerusalem. Since this is a multidimensional conflict, contributions that explore nonlegal aspects of the Palestinian-Israeli controversy are also of importance. In this sense, the historical background is considered in this article. Selected references take into account that the facts surrounding the beginning of the conflict are still open to debate. Attention will also be drawn to the international and regional political dynamics behind the Palestinian-Israeli question.
  4.  
  5. General and Diverse Overviews
  6.  
  7. The following entries provide a broad introduction to the Palestinian-Israeli conflict. An international legal approach was chosen early by the author of Akehurst 1973 for analyzing some basic aspects of the question. In the same sense, Quigley 2005 applies international law reasoning to the historical narrative of the Palestinian-Israeli controversies. From a political point of view, Álvarez-Ossorio and Izquierdo 2007 stresses the obstacles posed by Israel in the framework of the peace process. Lentin 2008 brings together some essays on the idea of Palestine and Oren and Bar-Tal 2007 is a sociological analysis of the dynamics underlying the conflict. The economic implications of the Israeli occupation of Palestinian Territories are examined in the report Khalidi and Taghdisi-Rad 2009. Finally, Pappé 2007 collects diverse essays dealing with different elements of the Israeli-Palestinian conflict, as a history of Palestinian women or the question of Arab-Israeli citizens. See also Iglesias Velasco 2000.
  8.  
  9. Akehurst, Michael. “The Arab-Israeli Conflict and International Law.” New Zealand Universities Law Review 5 (1973): 231–249.
  10. Save Citation »Export Citation »E-mail Citation »
  11. The international law perspective is unavoidable when analyzing the Palestinian-Israeli question. Professor Akehurst highlights in this early article some aspects of the origins of the conflict, taking into account international legal rules applying to it. Valuable conclusions are reached in this regard.
  12. Find this resource:
  13. Álvarez-Ossorio, Ignacio, and Ferrán Izquierdo. ¿Por qué ha fracasado la paz? Claves para entender el conflicto palestino-israelí. Madrid: Los Libros de la Catarata, Instituto Universitario de Desarrollo y Cooperación, 2007.
  14. Save Citation »Export Citation »E-mail Citation »
  15. Originally written in Spanish, this book (titled “Why has peace failed? Keys to understanding the Palestinian-Israeli conflict”) analyzes the main elements of the Palestinian-Israeli conflict to conclude that both the conflict and the possibilities of settlement are directly linked to the power and the interests of Israeli actors. The Israelis, in the author’s opinion, have the stronger position in the controversy and so are able to impose their points of view on the “weaker” Palestinians.
  16. Find this resource:
  17. Iglesias Velasco, Alfonso J. El proceso de paz en Palestina. Madrid: Ediciones Universidad Autónoma de Madrid, 2000.
  18. Save Citation »Export Citation »E-mail Citation »
  19. This monograph (titled “The peace process in Palestine”) focuses intensively on different aspects of the Palestinian-Israeli conflict: the history of the conflict, the legal status of the Occupied Palestinian Territories, the role played by the United Nations, and the status of Jerusalem. There is also a rigorous and really interesting analysis of the peace initiatives begun in the context of the Arab-Israeli conflict.
  20. Find this resource:
  21. Khalidi, Raja, and Sahar Taghdisi-Rad. The Economic Dimensions of Prolonged Occupation: Continuity and Change in Israeli Policy towards the Palestinian Economy. UNCTAD/GDS/2009/2. New York and Geneva, Switzerland: United Nations Conference on Trade and Development, 2009.
  22. Save Citation »Export Citation »E-mail Citation »
  23. In this report, the authors apply economic analysis to the Israeli occupation of Palestinian Territories. After theorizing about the links between occupation and economic development, they present an in-depth examination of Israeli policies toward the Palestinian economy. Among other interesting conclusions, they affirm the existence of an Israeli policy aiming “to maintain occupation and administration of the Palestinian territory by whatever means available, including economic strategies” (p. iii).
  24. Find this resource:
  25. Lentin, Ronit, ed. Thinking Palestine. London and New York: Zed Books, 2008.
  26. Save Citation »Export Citation »E-mail Citation »
  27. This book collects the works of a group of American, Irish, Israeli, and Palestinian scholars on the question of Palestine. Divided into three parts, it focuses on several theoretical topics. The first part talks us about the palestination of race. The second one includes different works on so-called biopolitics and the states of exception. In the last part, the authors write about some examples of contested representation of Palestine.
  28. Find this resource:
  29. Oren, Neta, and Daniel Bar-Tal. “The Detrimental Dynamics of Delegitimization in Intractable Conflicts: The Israeli-Palestinian Case.” International Journal of Intercultural Relations 31 (2007): 111–126.
  30. DOI: 10.1016/j.ijintrel.2006.07.003Save Citation »Export Citation »E-mail Citation »
  31. The article analyzes a key element of the Palestinian-Israeli conflict: delegitimization. Defined as a process by which members of a delegitimized group are morally derogated and considered of less existential value than members of the delegitimizing group, this phenomenon characterizes the Israeli-Palestinian relationship. The authors deduce some consequences of it, based on factual ground provided by survey data carried out in Israeli and Palestinian contexts. Available online for purchase or by subscription.
  32. Find this resource:
  33. Pappé, Ilan. The Israel/Palestine Question: A Reader. 2d ed. London: Routledge, 2007.
  34. Save Citation »Export Citation »E-mail Citation »
  35. With the purpose of revisiting some elements of the history of the Palestine-Israeli conflict, the book brings together the works of a group of Israeli and Palestinian scholars on the formation of Palestine and the origins of Zionism. This second edition expands the part on women’s history (adding to Part 4 a new chapter titled “Minor Marriages and Khiyar Al-Bulugh in Ottoman Palestine: A Note on Women’s Strategies in a Patriarchal Society”) and the part focusing on the situation of Palestinians in Israel (adding to Part 5 three new chapters: chapter 11, titled “Crime and Legal Control: The Israeli Arab Population during the Military Government Period [1948–1966]”; chapter 12, titled “Palestinian in Israel under the Israeli ‘Ethnocratic’ Regime”; and chapter 13, titled “Present Absentees and Indigenous Resistance”).
  36. Find this resource:
  37. Quigley, John. The Case for Palestine: An International Law Perspective. Durham, NC, and London: Duke University Press, 2005.
  38. Save Citation »Export Citation »E-mail Citation »
  39. Undoubtedly, Professor John Quigley is one of the leading experts on the Palestinian-Israeli conflict. He has fully written and lectured on it. This updated and revised version of his first edition, published in 1990, presents an international legal analysis of the conflict. As with Akehurst 1973, the book applies international law categories and reasoning to the historical narrative of the Palestinian-Israeli controversies.
  40. Find this resource:
  41. Reference Works
  42.  
  43. Entries selected here can be considered reference works in their respective fields. It is worth noting that the first category of reference works discussed here, namely, journal and reports, include relevant documentation produced by international and domestic organs.
  44.  
  45. Journals and Reports
  46.  
  47. Periodical reports published by the Foundation for Middle East Peace aim to reach a durable and just peace between Israel and Palestine. The organization provides periodical information on the development of the conflict. Both the Journal of Palestine Studies and the Palestine Yearbook of International Law are well-reputed international publications devoted to the study of the Arab-Israeli conflict.
  48.  
  49. Foundation for Middle East Peace.
  50. Save Citation »Export Citation »E-mail Citation »
  51. The FMEP is a nonprofit organization established in 1979 with the general purpose of promoting a fair and durable peace between Israel and Palestine. It publishes periodical reports on different topics related to the conflict. Of particular interest is the one devoted to Israeli Settlements in the Occupied Palestinian Territories, which contains analysis, commentaries, and useful data on this question.
  52. Find this resource:
  53. Journal of Palestine Studies. 1971–.
  54. Save Citation »Export Citation »E-mail Citation »
  55. Edited by the Institute for Palestine Studies, this quarterly English-language journal is devoted to the study of Arab-Israeli conflict. Although its articles offer legal, political, religious, and cultural approaches to the problem, the main focus of the journal is on peaceful resolution of conflict.
  56. Find this resource:
  57. Palestine Yearbook of International Law. 1995–.
  58. Save Citation »Export Citation »E-mail Citation »
  59. Published by Martinus Nijhoff, this yearbook aims to cover international legal aspects related both to the Palestine-Israeli conflict and to the Palestinian legal and political system. It is worth noting that it includes legislation, court and administrative decisions, and other key legal material translated into English from Arabic or Hebrew.
  60. Find this resource:
  61. Graphic Books
  62.  
  63. Gelvin 2007 introduces readers to the historical elements of the conflict, providing the context for research in this field. Gilbert 2005 offers an exceptional graphic view of the conflict.
  64.  
  65. Gelvin, James L. The Israel-Palestine Conflict: One Hundred Years of War. Cambridge, UK: Cambridge University Press, 2007.
  66. Save Citation »Export Citation »E-mail Citation »
  67. Offers a comprehensive general introduction to the historical confrontation between Israel and Palestine for students and nonspecialist readers. The book includes useful maps, illustrations, a glossary, short biographies, and a list of suggestions for further reading.
  68. Find this resource:
  69. Gilbert, Martin. The Routledge Atlas of the Arab-Israeli Conflict. 8th ed. London: Routledge, 2005.
  70. Save Citation »Export Citation »E-mail Citation »
  71. Through 227 maps, this comprehensive atlas provides a graphic history of the Israeli-Palestinian conflict from the beginnings of the 20th century onward. As the author explains in the preface to the eighth edition, this atlas traces the history of the Arab-Jewish conflict from the turn of the 20th century to the beginning of the 21st century. It tries to show something of the intensity and bitterness of the conflict, of the types of incidents which it provoked, and of the views of those involved in it.
  72. Find this resource:
  73. Collections of Essays
  74.  
  75. Three collections of essays have been selected. Fawcett 2009 constitutes a useful guide on regional politics in the Middle East. Mattar 2005 is aimed at giving concise information on legal, political, cultural, social, historical, biographical, economic, and geographical aspects of the Palestinian people, and Wolfrum 2012 offers a significant number of interesting entries related to the Palestinian-Israeli conflict.
  76.  
  77. Fawcett, Louise, ed. International Relations of the Middle East. 2d ed. Oxford: Oxford University Press, 2009.
  78. Save Citation »Export Citation »E-mail Citation »
  79. A collection of essays that contribute to our understanding of the issue of international politics in the Middle East. Very useful for providing an overview of the main elements that characterize the history and the politics behind the conflicts of this troubled region.
  80. Find this resource:
  81. Mattar, Philip, ed. Encyclopedia of the Palestinians. Rev. ed. New York: Facts on File, 2005.
  82. Save Citation »Export Citation »E-mail Citation »
  83. Aimed toward undergraduates and general readers and edited by the former executive director of the Institute for Palestine Studies, this reference work brings together the entries of about fifty scholars covering legal, political, cultural, social, historical, biographical, economic, and geographical aspects of the Palestinian people.
  84. Find this resource:
  85. Wolfrum, Rüdiger, ed. The Max Plank Encyclopedia of Public International Law. New York: Oxford University Press, 2012.
  86. Save Citation »Export Citation »E-mail Citation »
  87. The online edition, available by subscription, contains valuable peer-reviewed articles devoted to different relevant aspects of the Palestinian-Israeli conflict. They are authored by experts in different academic fields, including Israel and the Occupied Palestinian Territories (Benjamin Rubin); the Arab-Israeli conflict (Susan M. Akram and Michael Lynk); the notion of belligerent occupation (Eyal Benvenisti); the question of Jerusalem (Ruth Lapidoth); and the advisory opinion of the International Court of Justice on the Israeli wall (Arthur Watts).
  88. Find this resource:
  89. Historical Background
  90.  
  91. It should be kept in mind that historical issues surrounding the origins of Palestinian-Israeli conflict (e.g., those related to the birth of the Palestinian refugee question) are highly controversial. As is known, Palestine was one of the four Class A mandates established in the territory of the Ottoman Empire. The mandate was entrusted to Great Britain until 1947, when it was handed over to the United Nations. All Class A mandates should have reached full independence at the end of World War II. This was not the case with Palestine. From quite different positions, the readings included in this section offer an overview of the historical evolution of Palestinian-Israeli conflict from the late 19th century to the beginning of the 21st century. Gilbert 2008 illustrates the history of Israel from the birth of the Zionist movement. A concrete period of the foundation of the State of Israel is addressed in Shafir 1989. Kimmerling and Migdal 2003 and Pappé 2006 focus on the history of modern Palestine. Both works refer to the peace process, particularly to the Oslo accords. Tessler 2009, Lesch 2008, and Shehadeh 1997 provide general overviews on the origins and development of the conflict. Because of their historical value, especially remarkable is that Lesch 2008 and Shehadeh 1997 reproduce for the first time some primary military documents. Morris 2008 examines a critical period of the history of Palestinian-Israeli conflict, focusing on its foundational war of 1948.
  92.  
  93. Gilbert, Martin. Israel: A History. 2d ed. London: Black Swan, 2008.
  94. Save Citation »Export Citation »E-mail Citation »
  95. Dr. Martin Gilbert presents in this second edition of his book an historical analysis of the foundations of the State of Israel from the launching of the Zionist movement by Theodor Herzl to the May 1948 declaration of statehood. He also examines the history of the first fifty years of the history of the state. This edition is revised and enlarged and was published in conjunction with the sixtieth anniversary of the foundation of the State of Israel.
  96. Find this resource:
  97. Kimmerling, Baruch, and Joel S. Migdal. The Palestinian People: A History. Cambridge, MA, and London: Harvard University Press, 2003.
  98. Save Citation »Export Citation »E-mail Citation »
  99. Dr. Kimmerling, professor of sociology at the Hebrew University, and Dr. Migdal, professor of international studies at the University of Washington, provide in this book an extensive overview of Palestinian history from the revolt of 1834 and the making of modern Palestine to the Oslo peace process, trying to highlight what went right and wrong with it.
  100. Find this resource:
  101. Lesch, David W. The Arab-Israeli Conflict: A History. New York: Oxford University Press, 2008.
  102. Save Citation »Export Citation »E-mail Citation »
  103. Trying to provide “a smoother and more comfortable ride than the other ones in the literature” (p. ix), this concise analysis of the Middle East conflict results in a very useful core text in courses devoted to the conflict. It contains primary documents, illustrative photographs and maps, a chronology for quick reference, suggested readings, and a glossary.
  104. Find this resource:
  105. Morris, Benny. 1948: The First Arab-Israeli War. New Haven, CT: Yale University Press, 2008.
  106. Save Citation »Export Citation »E-mail Citation »
  107. Revisionist Israeli Jewish historian Benny Morris, professor of history in the Middle East Studies department of Ben Gurion University, analyzes in this book the history of the foundational war in the Arab-Israeli conflict. An in-depth view from one that many consider to be the leading figure among Israel’s New Historians.
  108. Find this resource:
  109. Pappé, Ilan. A History of Modern Palestine: One Land, Two Peoples. 2d ed. Cambridge, UK: Cambridge University Press, 2006.
  110. DOI: 10.1017/CBO9780511992728Save Citation »Export Citation »E-mail Citation »
  111. Known among Israel’s New Historians for preferring secondary sources to archival documentation, Dr. Pappé traces in this book the history of Palestine from the Ottoman presence in the region in the 19th century. In this second edition, attention is drawn to the reasons for the failure of Oslo peace accord and the two-state solution.
  112. Find this resource:
  113. Shafir, Gershon. Land, Labor and the Origins of the Israeli-Palestinian Conflict, 1882–1914. Cambridge, UK: Cambridge University Press, 1989.
  114. Save Citation »Export Citation »E-mail Citation »
  115. This work pays attention to a critical period of Israeli history that has become crucial to the present understanding of the Palestinian-Israeli conflict: the generation of the founders. It focuses on the struggle to control land and labor in the period from 1882 to 1914. Doing so, the author helps to destroy the myths surrounding the foundation of the State of Israel.
  116. Find this resource:
  117. Shehadeh, Raja. From Occupation to Interim Accords: Israel and the Palestinian Territories. London and Boston: Kluwer Law International, 1997.
  118. Save Citation »Export Citation »E-mail Citation »
  119. This book presents, from a legal point of view, a critical analysis of the diverse agreements signed between Israel and the Palestine Liberation Organization. With forewords by Ian Brownlie and Edward Said, it contains military orders and proclamations, letters, and negotiation documents that are published for the first time.
  120. Find this resource:
  121. Tessler, Mark. A History of the Israeli-Palestinian Conflict. 2d ed. Bloomington: Indiana University Press, 2009.
  122. Save Citation »Export Citation »E-mail Citation »
  123. This is another comprehensive history of the Palestinian-Israeli conflict from its origins to the early 21st century. Originally published in 1994, this second edition contains new chapters devoted to the Oslo process and the political situation in Israel, the West Bank, and Gaza. It is remarkable that the author refers to previous Israeli and Palestinian research works, trying to present both sides of the controversy.
  124. Find this resource:
  125. Middle Eastern Implications
  126.  
  127. The Palestinian-Israeli question is part of a broader controversy between Israel and the Arab states. Some of the works included in this section aim to contextualize the conflict taking into account the role played by the latter. Alpher 2008 gives an Israeli perspective on Middle East conflicts. Doran 1999 focuses on Egyptian politics from 1944 to 1948 and its contribution to the origin of the Palestinian question. Kuete Minga 1997 analyzes the peace treaty signed by Israel and Jordan in 1994. From a broader perspective, Mesa Garrido 1994 and Said 2005 discuss the political influence of the Palestine-Israeli conflict in the Middle Eastern context.
  128.  
  129. Alpher, Yossi. “Israel-Arab Peace: Israel and the Regional Approach.” In Bound to Cooperate: Europe and the Middle East. Vol. 2. Edited by Christian-Peter Hanelt and Möller Almut, 149–164. Gütersloh, Germany: Bertelsmann Stiftung, 2008.
  130. Save Citation »Export Citation »E-mail Citation »
  131. Yossi Alpher, former senior adviser to Prime Minister Ehud Barak, analyzes in this chapter the Arab-Israeli question, taking into account the role the State of Israel may play in the region. He represents the Israeli perspective in a collective book devoted to Europe’s responsibilities in the Middle East.
  132. Find this resource:
  133. Doran, Michael. Pan-Arabism before Nasser: Egyptian Power Politics and the Palestine Question. Oxford: Oxford University Press, 1999.
  134. DOI: 10.1093/acprof:oso/9780195123616.001.0001Save Citation »Export Citation »E-mail Citation »
  135. This book provides an original approach to Egypt’s interests in foreign policy from 1944 to 1948. As Egypt has played an essential role in shaping the evolution of the Palestinian question, the book is very useful for understanding both the origins of the Arab-Israeli conflict and the politics of the Middle East region.
  136. Find this resource:
  137. Kuete Minga, Richard. “La traité de paix du 26 octobre 1994 entre l’Etat d’Israel et le Royaume Hachémite de Jordanie.” Revue Générale de Droit International Public 101 (1997): 391–420.
  138. Save Citation »Export Citation »E-mail Citation »
  139. After the signing of the Oslo accords, parties in the Arab-Israeli conflict tried to establish a new peace framework for the region. The day after the signing of Washington Declaration, Israel and the Hashemite Kingdom of Jordan signed a preagreement that culminated in the declaration of the end of belligerence on 25 July 1994. This made possible the signing of the peace treaty of 26 October 1994.
  140. Find this resource:
  141. Mesa Garrido, Roberto. Palestina y la paz en Oriente Medio. Madrid: Editorial Beramar, 1994.
  142. Save Citation »Export Citation »E-mail Citation »
  143. Written in Spanish, this book, devoted to the question of Palestine and peace in the Middle Eastern context, provides an analysis of the importance of the Palestine question in reaching pacification of the Middle East. The need for an equitable and durable solution to Palestine-Israeli conflict is stressed by the author.
  144. Find this resource:
  145. Said, Edward W. Peace and Its Discontents: Essays on Palestine in the Middle East Peace Process. New York: Vintage, 2005.
  146. Save Citation »Export Citation »E-mail Citation »
  147. These collected essays, written between September 1993 and October 1995, show Said’s vision on the Middle East peace process. As an expert on the Arab-Israeli conflict—Said was a pro-Palestinian activist and a member of the Palestine National Council from 1979 to 1991—he presents in this book his challenging opinions on the topic.
  148. Find this resource:
  149. Political Dynamics of the Conflict
  150.  
  151. Two different but related questions are analyzed in the works included under this heading. On the one hand, attention will be drawn to the role played by the international community—namely, the United Nations organizations and the European Union—in the settlement of the Palestinian-Israeli conflict. On the other hand, the peace process will be considered.
  152.  
  153. The Role of the International Community
  154.  
  155. The international community has made important efforts seeking to establish a just and durable peace in the Middle East. Especially important have been those deployed by the United Nations. United Nations 2008 provides a broad overview of United Nations involvement in the Israel-Palestine struggle. Manin 1969 includes in its analysis the role played by the great powers represented at the Security Council. Also, the Palestinian-Israeli conflict has been part of the external policy agenda of the European Union for years. Aoun 2003 and Bulut Aymat 2010 examine different aspects of the often-criticized contribution of this international organization to the peace process. Boisseau 2005 looks at the possibilities for strengthening the relationship of Israel and Palestine with the European Union in the Euro-Mediterranean context. Finally, Indyk 2003 considers the feasibility of the establishment, on a temporary basis, of a trusteeship for Palestine. The author assumes that only the United States could credibly sponsor the initiative.
  156.  
  157. Aoun, Elena. “European Foreign Policy and the Arab-Israeli Dispute: Much Ado about Nothing?” European Foreign Affairs Review 8 (2003): 289–312.
  158. Save Citation »Export Citation »E-mail Citation »
  159. The main focus of the article is on the lack of a clear political will in the European Union to assume the role of a significant world power capable of contributing in an effective manner to the Middle East peace process.
  160. Find this resource:
  161. Boisseau, Pierre. “Le partenariat de l’Union européenne avec Israël et la Palestine et le conflit Israélo-Palestinien.” In Le partenariat euro-méditerranéen: À l’heure du cinquième élargissement de l’Union européenne. Edited by Abdelkhaleq Berramdane, 187–200. Paris: Karthala, 2005.
  162. Save Citation »Export Citation »E-mail Citation »
  163. In this contribution, written in French, the author analyzes the agreements signed by the European Union with Israel and the Palestine Liberation Organization. Attention is drawn to the political and security implications of the Israeli-Palestinian conflict for the Euro-Mediterranean region.
  164. Find this resource:
  165. Bulut Aymat, Esra, ed. European Involvement in the Arab-Israeli Conflict. Chaillot Paper 124. Paris: European Union Institute for Security Studies, 2010.
  166. Save Citation »Export Citation »E-mail Citation »
  167. The paper includes various analyses of the efforts of the European Union to help solve the Israeli-Palestinian conflict. There is a discussion of the reasons for the lack of progress in this sense. The feasibility of the two-state solution and alternatives is also examined.
  168. Find this resource:
  169. Indyk, Martin. “A Trusteeship for Palestine?” Foreign Affairs 82 (2003): 51–66.
  170. DOI: 10.2307/20033578Save Citation »Export Citation »E-mail Citation »
  171. Thanks to his experience gained as US Assistant Secretary of State for Near East Affairs between 1997 and 2000 and as Ambassador to Israel from 1995 to 1997 and from 2000 to 2001, the author considers in this essay the establishment of a trusteeship for the international administration of Palestine. The proposal was further promulgated in Indyk’s article “Is Trusteeship for Palestine the Answer?” (published in July 2007 and available online by subscription). This 2003 article is also available online for purchase or by subscription.
  172. Find this resource:
  173. Manin, Philippe. “Les efforts de l’organisation des Nations Unies et des grandes puissances en vue d’un règlement de la crise au Moyen-Orient.” Annuaire Français de Droit International 15 (1969): 154–182.
  174. DOI: 10.3406/afdi.1969.1540Save Citation »Export Citation »E-mail Citation »
  175. On one hand, the author analyzes United Nations responses to the Arab-Israeli conflict. On the other hand, he examines the involvement in the settlement of the crisis of the great powers represented, as permanent members, on the Security Council. He concludes that any solution to the conflict demands the coordination and agreement of all these actors.
  176. Find this resource:
  177. United Nations. The Question of Palestine and the United Nations. New York: United Nations, 2008.
  178. Save Citation »Export Citation »E-mail Citation »
  179. This document provides detailed information on United Nations involvement in the question of Palestine-Israeli conflict. It is available at UNISPAL, the official United Nations website devoted to the topic. The website offers information about UN resolutions, maps, etc. It includes a survey of the activities of the Committee on the Exercise of the Inalienable Rights of the Palestinian People.
  180. Find this resource:
  181. The Peace Process
  182.  
  183. Certainly, the history of negotiations between Israel and Palestine aiming to agree on the final settlement of the conflict can be considered frustrating. Formal and informal peace talks have taken place for decades, mostly in the 1990s, but no significant advance has been made. After the Six-Day War, the United Nations Security Council unanimously passed Resolution 242 aimed at achieving a solution to the conflict. The resolution detailed what conditions should be fulfilled in order to establish a just and lasting peace in the Middle East. Interpretation of its content and an analysis of its legal nature are offered in McHugo 2002 and Shapira 1969. Extensive explanations of the reasons of the failure of the peace process can be found in international literature. Dajani 2007 and Malanczuk 1996 offer a broad international law approach to the issue, while Bockel 1997 and McMahon 2011 focus on more concrete aspects of the peace process. Parsons 2005 deals in detail with the role of both the Palestine Liberation Organization and the Palestinian National Authority in the peace talks. Finally, Quandt 2005 traces the efforts made by the United States to help settle the conflict.
  184.  
  185. Bockel, Alain. “L’accord d’Hebron (17 janvier 1997) et la tentative du processus de paix israelo-palestinien.” Annuaire Français de Droit International 43 (1997): 184–198.
  186. DOI: 10.3406/afdi.1997.3443Save Citation »Export Citation »E-mail Citation »
  187. Through an in-depth analysis of the agreement signed in January 1997 between the Israeli government and the Palestine Liberation Organization in Hebron, which is the second most important West Bank city after Jerusalem, the author examines in this article the difficulties of relaunching the peace process.
  188. Find this resource:
  189. Dajani, Omar M. “The Role of International Law in Palestinian-Israeli Peace Talks.” Yale Journal of International Law 32 (2007): 189–252.
  190. Save Citation »Export Citation »E-mail Citation »
  191. The author, one of the most renowned experts on the legal aspects of the Middle East conflict, explores in this article how international law influences the peace process aiming to settle the conflict between Israel and the Palestinian people.
  192. Find this resource:
  193. Malanczuk, Peter. “Some Basic Aspects of the Agreements between Israel and the PLO from the Perspective of International Law.” European Journal of International Law 7 (1996): 485–500.
  194. DOI: 10.1093/ejil/7.4.485Save Citation »Export Citation »E-mail Citation »
  195. This is an international legal examination of the bilateral negotiations between Israel and the Palestine Liberation Organization. After a general overview of the bilateral and multilateral framework of the peace process, it focuses on the legal nature and effects of the agreements signed by Israel and the Palestine Liberation Organization. It also offers some relevant conclusions on the role of public international law in the Middle East peace process.
  196. Find this resource:
  197. McHugo, John. “Resolution 242: A Legal Reappraisal of the Right-Wing Israeli Interpretation of Withdrawal Phrase with Reference to the Conflict between Israel and the Palestinian.” International and Comparative Law Quarterly 51 (2002): 851–852.
  198. DOI: 10.1093/iclq/51.4.851Save Citation »Export Citation »E-mail Citation »
  199. United Nations Security Council Resolution 242 (1967) affirmed that the establishment of a just and lasting peace in the Middle East required the application of two principles: first, the withdrawal of Israeli armed forces from territories occupied during the Six-Day War, and second, the termination of all claims or states of belligerence and respect for the territorial integrity and political independence of every state in the area. Available online for purchase or by subscription.
  200. Find this resource:
  201. McMahon, Sean. “Post-Oslo Peace Initiatives and the Discourse of Palestinian-Israeli Relations.” UNISCI Discussion Papers 26 (2011): 27–58.
  202. Save Citation »Export Citation »E-mail Citation »
  203. In this paper, there is a discussion about the possibilities for the Obama administration of realizing Israeli-Palestinian reconciliation. Some proposals are made in this sense. In particular, the author argues that in order to contribute to the resolution of the conflict, the Obama administration must incorporate the question of Israel’s ethnic cleansing of Palestine into the official discourse.
  204. Find this resource:
  205. Parsons, Nigel Craig. The Politics of the Palestinian Authority: From Oslo to al-Aqsa. New York: Routledge, 2005.
  206. Save Citation »Export Citation »E-mail Citation »
  207. The book focuses in the origins of the Palestine Liberation Organization as a national liberation movement and its development to a national authority. The author also analyzes Palestinian internal politics and the role of both the Palestine Liberation Organization and the Palestinian National Authority in the peace talks.
  208. Find this resource:
  209. Quandt, William B. Peace Process: American Diplomacy and the Arab-Israeli Conflict since 1967. Rev. ed. Washington, DC: Brookings Institution, 2005.
  210. Save Citation »Export Citation »E-mail Citation »
  211. This edition has been revised and expanded to reflect the key role of both Bill Clinton’s and George W. Bush’s administrations in the settlement of the Arab-Israeli conflict. In general, the book focuses on the efforts made by US diplomacy to contribute to the pacification of the region.
  212. Find this resource:
  213. Shapira, Amos. “The Security Council Resolution of November 1967: Its Legal Nature and Implications.” Israel Law Review 4 (1969): 229–241.
  214. Save Citation »Export Citation »E-mail Citation »
  215. This study focuses on the legal scope of Security Council Resolution 242 (1967). When dealing with threats to the peace, breaches to the peace, and acts of aggression, the Security Council is authorized to adopt binding decisions under Chapter VII of the United Nations Charter. Since Resolution 242 was not adopted under this chapter, the author contends that it is not enforceable.
  216. Find this resource:
  217. Humanitarian Legal Questions
  218.  
  219. Legal questions arise in the context the occupation by Israel of Palestinian Territories since 1967. The entries selected here try to answer those questions, clarifying the extent of the applicability of international humanitarian law to prolonged Israeli occupation. Burke 2008 also considers the effects of international treaty law on the armed conflict. Dinstein 2009 gives an in-depth overview on the topic; it is a very interesting analysis of the problem involved in applying Hague regulations of 1907 and the Fourth Geneva Convention of 1949, using the relevant case law of the Israeli High Court of Justice. Imseis 2003 also focuses on the applicability of the Fourth Geneva Convention, and Falk and Weston 1991 makes an analysis of the legal implications of Palestinian intifada. Playfair 1992 is a collection of essays by well-known contributors covering a wide range of questions related to the Israeli occupation of Palestinian Territory. The legal status of the Gaza Strip after Israeli disengagement in 2005 is discussed in Scobbie 2004–2005. Brita GmbH v. Hauptzollamt Hamburg-Hafen clarifies the scope of European commercial law applicable to products originating in the West Bank. Shah 1997–1998 is a legal analysis of the road network built by Israel in the West Bank.
  220.  
  221. Brita GmbH v. Hauptzollamt Hamburg-Hafen. Case C-386/08, Report of Cases 21010 I-01289. European Court of Justice, Judgment of the Court (Fourth Chamber) of 25 February 2010.
  222. Save Citation »Export Citation »E-mail Citation »
  223. The European Court of Justice analyzes in this ruling the territorial scope of both the European Community and Israel Association Agreement and the European Community and Palestine Liberation Organization Association Agreement. As a consequence of this analysis, the court refused to apply to products originating in the West Bank the preferential tariff arrangements granted for products originating in Israel.
  224. Find this resource:
  225. Burke, Naomi. “A Change in Perspective: Looking at Occupation through the Lens of the Law of the Treaties.” Journal of International Law and Politics 41 (2008): 103–129.
  226. Save Citation »Export Citation »E-mail Citation »
  227. The article first considers the effects of armed conflicts on treaties. After that, attention is drawn to the obligations of the occupying power under international humanitarian law. Finally, it focuses on the links between treaty obligations and occupation.
  228. Find this resource:
  229. Dinstein, Yoram. The International Law of Belligerent Occupation. Cambridge, UK: Cambridge University Press, 2009.
  230. DOI: 10.1017/CBO9780511818257Save Citation »Export Citation »E-mail Citation »
  231. Considered one of the leading Israeli experts in military occupation law, Professor Dinstein covers in this book all the basic legal questions arising from prolonged belligerent occupation. The work includes valuable analysis of the relevant jurisprudence of the Israeli High Court of Justice.
  232. Find this resource:
  233. Falk, Richard A., and Burns H. Weston. “The Relevance of International Law to Palestinian Rights in the West Bank and Gaza: In Legal Defense of the Intifada.” Harvard International Law Journal 32 (1991): 129–157.
  234. Save Citation »Export Citation »E-mail Citation »
  235. Two key questions are highlighted in this article. First, the authors analyze Israeli occupation from an international law perspective. Second, they apply international law categories to the Palestinian resistance movement. Challenging conclusions on the obligations of the international community are reached.
  236. Find this resource:
  237. Imseis, Ardi. “On the Fourth Geneva Convention and the Occupied Palestinian Territory.” Harvard International Law Journal 44 (2003): 65–138.
  238. Save Citation »Export Citation »E-mail Citation »
  239. The main focus of the article is on the alleged inapplicability of the Fourth Geneva Convention to the occupation by Israel of the Palestinian Territories. As is well known, Israel’s position is that Article 2 of that Convention applies only if the Occupied Territory formerly belonged to a high contracting party.
  240. Find this resource:
  241. Playfair, Emma, ed. International Law and the Administration of Occupied Territories: Two Decades of Israeli Occupation of the West Bank and Gaza. Oxford: Clarendon, 1992.
  242. Save Citation »Export Citation »E-mail Citation »
  243. With contributions authored by specialists from different backgrounds, the book comprehensively examines the legal international aspects of belligerent occupation. The chapters are the revised versions of the papers presented at a conference devoted to the administration of Occupied Palestinian Territories that took place in Jerusalem in January 1988.
  244. Find this resource:
  245. Scobbie, Ian. “An Intimate Disengagement: Israel Withdrawal from Gaza, the Law of Occupation and of Self-Determination.” Yearbook of Islamic and Middle Eastern Law 11 (2004–2005): 3–41.
  246. Save Citation »Export Citation »E-mail Citation »
  247. In accordance with the disengagement plan of 6 June 2005, Israel evacuated its settlements and withdrew its military forces from Gaza in August 2005. In this article, there is a discussion on the international status of Gaza following Israel’s withdrawal.
  248. Find this resource:
  249. Shah, Samira. “On the Road to Apartheid: The Bypass Road Network in the West Bank.” Columbia Human Rights Law Review 29 (1997–1998): 221–290.
  250. Save Citation »Export Citation »E-mail Citation »
  251. This is a legal analysis of the road network built by Israel in the West Bank. The author considers that these roads serve settlers’ and military forces’ needs and not those of the local Palestinian population.
  252. Find this resource:
  253. Criminal Responsibility for War Crimes
  254.  
  255. Serious violations of international humanitarian law applicable to armed conflicts constitute war crimes (see also the article on “International Humanitarian Law Applicable to Belligerent Occupation” and this article’s section on Human Rights Perspectives). Different aspects linked to the possibilities of prosecution of war crimes and crimes against humanity committed in the framework of Israeli-Palestinian conflict are analyzed under this heading. Pappé 2006 documents the crimes against humanity committed by Israel in 1948, and United Nations Human Rights Council 2009 reports all violations of international human rights law and international humanitarian law committed in the context of the military operations conducted in Gaza from 27 December 2008 to 18 January 2009. Kattan 2004–2005 and Malone 1986 focus on different questions regarding the Sabra and Chatila massacres committed in 1982. Pérez González and Escudero Alday 2009 explores the channels offered by international law to prosecute war crimes and crimes against humanity committed in the Occupied Palestinian Territories. Meloni and Tognoni 2012 examines whether existing international justice mechanisms could be activated for prosecuting war crimes allegedly committed in Gaza during the 2008–2009 Israeli military operation. Finally, Val-Garijo 2010 applies transitional justice categories to the future settlement of the Israeli-Palestinian conflict.
  256.  
  257. Kattan, Victor. “From Beirut to Brussels: Universal Jurisdiction, Statelessness and the Sabra and Chatila Massacres.” Yearbook of Islamic and Middle Eastern Law 11 (2004–2005): 32–82.
  258. Save Citation »Export Citation »E-mail Citation »
  259. The author examines the possibilities of invoking the universal jurisdiction principle for proceeding against the authors of the crimes committed in the Sabra and Chatila Palestinian refugee camps in September 1982. He argues that this is an appropriate basis of jurisdiction for Palestinian people.
  260. Find this resource:
  261. Malone, Linda. “Sharon vs. Time: The Criminal Responsibility under International Law for Civilian Massacres.” Palestine Yearbook of International Law 3 (1986): 41–74.
  262. Save Citation »Export Citation »E-mail Citation »
  263. In 1985, Ariel Sharon sued Time magazine in a New York federal district court because of a paragraph written by an Israeli journalist suggesting that Sharon was directly responsible for the Sabra and Chatila massacres. This article focuses on that proceeding and discusses some legal questions that arose.
  264. Find this resource:
  265. Meloni, Chantal, and Gianni Tognoni, eds. Is There a Court for Gaza? A Test Bench for International Justice. The Hague: T. M. C. Asser, 2012.
  266. DOI: 10.1007/978-90-6704-820-0Save Citation »Export Citation »E-mail Citation »
  267. This volume brings together contributions of human rights experts and well-reputed academics dealing with the question of the adequacy of international justice mechanisms for the prosecution of international crimes allegedly committed during the Israeli military operation in Gaza in 2008–2009.
  268. Find this resource:
  269. Pappé, Ilan. The Ethnic Cleansing of Palestine. Oxford: Oneworld, 2006.
  270. Save Citation »Export Citation »E-mail Citation »
  271. The historical analysis of Pappé’s book constitutes a description of Israeli actions allegedly amounting to war crimes and crimes against humanity. The book includes a list of illustrations, maps, and tables.
  272. Find this resource:
  273. Pérez González, Carmen, and Rafael Escudero Alday, eds. La responsabilidad penal por la comisión de crímenes de guerra: El caso de Palestina. Cizur Menor, Spain: Aranzadi, 2009.
  274. Save Citation »Export Citation »E-mail Citation »
  275. These collective essays, written in Spanish, explore from both a theoretical and practical perspective the possibilities of criminal prosecution of war crimes and crimes against humanity committed in the Occupied Palestine Territories.
  276. Find this resource:
  277. United Nations Human Rights Council. Human Rights in Palestine and Other Occupied Arab Territories: Report of the United Nations Fact-Finding Mission on the Gaza Conflict. Adopted on 25 September 2009, Twelfth Sess., Agenda Item 7. UN Doc. A/HRC/12/48 (2009).
  278. Save Citation »Export Citation »E-mail Citation »
  279. The Goldstone Report is the result of the United Nations fact-finding mission established by the Human Rights Council with the mandate to investigate all violations of international human rights law and international humanitarian law that might have been committed in the context of the military operations that were conducted in Gaza from 27 December 2008 to 18 January 2009.
  280. Find this resource:
  281. Val-Garijo, Fernando. “Reparations for Victims as a Key Element of Transitional Justice in the Middle East Occupied Territories: A Legal and Institutional Approach.” International Studies Journal 6 (2010): 39–62.
  282. Save Citation »Export Citation »E-mail Citation »
  283. The author applies transitional justice categories to the question of the violation of human rights committed in the Middle East Occupied Territories. He argues that, in order to protect victims’ rights to adequate and effective reparation, transitional justice mechanisms should be implemented in the region once a peace agreement is reached.
  284. Find this resource:
  285. Human Rights Perspectives
  286.  
  287. Human rights violations in the framework of the Palestinian-Israeli conflict is a major issue. As United Nations human rights bodies and relevant NGOs have announced, both sides are responsible of violations of international human rights law and both Palestinian and Israeli civilians are victims of those violations. The works selected here analyze different elements of the conflict from this perspective. The websites of B’Tselem, the Palestinian Centre for Human Rights, and the United Nations Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied since 1967 document human rights violations in the Middle East Occupied Territories. Escudero Alday 2008 and Faber and Kaldor 2009 denounce the threats to human security experienced by the Palestinians. Kattan 2005 and Lynk 2003 focus on concrete human rights questions regarding displaced Palestinians and Palestinian refugees (see also Different Relevant Elements: Palestinian Refugees and the Right of Return). Schmidt 2001 is an extensive analysis of civil and political human rights regulation in Israel and the Palestinian Occupied Territories.
  288.  
  289. B’Tselem: The Israeli Information Center for Human Rights in the Occupied Territories.
  290. Save Citation »Export Citation »E-mail Citation »
  291. B’Tselem is a nongovernmental organization established in 1989. Its main activities aim at denouncing human rights violations in the Middle East Occupied Territories. Annual activity reports, videos, statistics, testimonies, maps, and other relevant material are available at the website.
  292. Find this resource:
  293. Escudero Alday, Rafael, ed. Segregados y recluidos: Los palestinos y las amenazas a su seguridad. Madrid: Los Libros de la Catarata, 2008.
  294. Save Citation »Export Citation »E-mail Citation »
  295. In nine chapters, this collective book (titled “Segregated and excluded: Palestinians and the threats to their security”) outlines the links between security and human rights in the context of the Israeli-Palestinian conflict. While security reasons are often argued by Israel when restricting the human rights of Palestinians, the book stresses the obligation of respecting human security of individuals under its jurisdiction.
  296. Find this resource:
  297. Faber, Jan, and Mary Kaldor. “The Deterioration of Human Security in Palestine.” In The European Union and Human Security: External Interventions and Missions. Edited by Mary Martin and Mary Kaldor, 95–111. New York: Routledge, 2009.
  298. Save Citation »Export Citation »E-mail Citation »
  299. Human security has arisen as a key concept in international relations. Opposite to a more traditional conception of the notion, human security stresses the need of taking into account human vulnerabilities when addressing a conflict. This is the perspective adopted by the authors for analyzing the situation in Palestine. They document the worsening of human security of Palestinians as a consequence of prolonged military occupation.
  300. Find this resource:
  301. Kattan, Victor Matthew. “The Nationality of Denationalized Palestinians.” Nordic Journal of International Law 74 (2005): 67–102.
  302. DOI: 10.1163/1571810054301004Save Citation »Export Citation »E-mail Citation »
  303. The work examines the compatibility with the basic principles of international law of both Israel’s Nationality Law of 1952 and Israel’s Nationality and Entrance into Israel Law of 2003. The author considers them examples of Israel’s intention of maintaining a Jewish majority in the country.
  304. Find this resource:
  305. Lynk, Michael. “The Right to Restitution and Compensation in International Law and the Displaced Palestinians.” Refugee 21 (2003): 96–113.
  306. Save Citation »Export Citation »E-mail Citation »
  307. The article examines which principles of public international law apply to the question of the compensation of material and moral losses suffered by Palestinian refugees and victims of human rights violation. The need for a fair agreement on this question is stressed.
  308. Find this resource:
  309. Palestinian Centre for Human Rights.
  310. Save Citation »Export Citation »E-mail Citation »
  311. This is a nongovernmental organization rooted in Gaza City and devoted to the promotion of the rule of law, human rights, and democracy in Palestine. Its publications, which include reports, articles, position papers, and videos, are available at the website.
  312. Find this resource:
  313. Schmidt, Yvonne. “Foundations on Civil and Political Rights in Israel and the Occupied Territories.” PhD diss., University of Vienna, 2001.
  314. Save Citation »Export Citation »E-mail Citation »
  315. This doctoral thesis aims to explain the regulation of civil and political rights in Israel and the Occupied Territories. The analysis includes normative and spiritual sources and written and unwritten principles as applied in the jurisprudence of Israel’s Supreme Court.
  316. Find this resource:
  317. United Nations Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied since 1967.
  318. Save Citation »Export Citation »E-mail Citation »
  319. The website offers updated information on the work related to this Special Procedure of the Human Rights Council created in 1993 to last until the end of Israeli occupation. The Mandate holder (now Richard Falk) has to examine, monitor, advise, and publicly report on human rights situations in the Occupied Palestinian Territories.
  320. Find this resource:
  321. Different Relevant Elements
  322.  
  323. Central issues that will have to be addressed in order to achieve a final settlement of the Israeli-Palestinian conflict are analyzed in this section.
  324.  
  325. Palestinian Refugees and the Right of Return
  326.  
  327. Palestinians are the largest group of refugees in the world. Takkenberg 1998 is one of the most comprehensive studies on legal status of Palestinian refugees under international law, and Morris 2004 deals in detail with the origins of the question. Article 1.D excludes from the benefits of the 1951 Geneva Convention on the Status of Refugees those Palestinians who are refugees as a result of the 1948 or 1967 Arab-Israeli conflicts and who are receiving protection or assistance from the UN Relief and Works Agency (UNRWA). Nawras Bolbol v. Bevándorlási és Állampolgársági Hivatal deals with the consequences of this exclusion in the framework of European asylum law, and BADIL 2005 offers a complete analysis of national jurisprudence regarding Article 1.D in states that are signatories of the Geneva Convention. Highly controversial both from a political and legal point of view is the question of Palestinian refugees’ right of return to their homes in Israel or the Occupied Palestinian Territory. This aspect of the problem is addressed in Radley 1978, Quigley 1992, and Akram and Rempel 2004. Reeds 2006 analyzes whether host states—particularly the surrounding Arab states—have given compliance to their obligation of integrating Palestinian refugees.
  328.  
  329. Akram, Susan M., and Terry Rempel. “Temporary Protection as an Instrument for Implementing the Right of Return of Palestinian Refugees.” Boston University International Law Journal 22 (2004): 1–162.
  330. Save Citation »Export Citation »E-mail Citation »
  331. Aiming to contribute to the design and implementation of durable solutions to the Palestinian refugee question, this article stresses the need for an internationally harmonized rights-based framework for temporary protection.
  332. Find this resource:
  333. BADIL Resource Center for Palestinian Residency and Refugee Rights. Closing Protection Gaps: Handbook on Protection of Palestinian Refugees in States Signatories to the 1951 Refugee Convention. Bethlehem, Israel: BADIL Resource Center for Palestinian Residency and Refugee Rights, 2005.
  334. Save Citation »Export Citation »E-mail Citation »
  335. Prefaced by Guy Goodwin Gill, the second edition of the BADIL Handbook on Protection contains national jurisprudence from 2005 to 2010 regarding Article 1.D of the 1951 Geneva Convention on the Status of Refugees. Both the first and the second editions are available at the BADIL website.
  336. Find this resource:
  337. Morris, Benny. The Birth of the Palestinian Refugee Problem Revisited. Cambridge, UK: Cambridge University Press, 2004.
  338. Save Citation »Export Citation »E-mail Citation »
  339. First published in 1998, the book is considered a classic in the field of Palestinian displacement history. This revised edition compiles newly declassified material and details what happened in every Palestinian village. The author concludes that the displacement of Palestinians was part of the Zionist plan from the start of the conflict.
  340. Find this resource:
  341. Nawras Bolbol v. Bevándorlási és Állampolgársági Hivatal. Case 31/09, Report of Cases I-05539. European Court of Justice, Judgment of the Court (Grand Chamber) of 17 June 2010.
  342. Save Citation »Export Citation »E-mail Citation »
  343. This judgment considers the refusal of the Hungarian authorities to grant refugee status to a displaced stateless Palestinian. It rules on the interpretation in the European Union framework of the exclusion clause contained in Article 1.D of the 1951 Refugee Convention, to which Qualification Council Directive 2004/83/EC of 29 April 2004 refers.
  344. Find this resource:
  345. Quigley, John. “Family Reunion and the Right to Return to Occupied Territory.” Georgetown Immigration Law Journal 6 (1992): 223–245.
  346. Save Citation »Export Citation »E-mail Citation »
  347. By 1991, Israel had revoked the residency rights of more than one hundred thousand Palestinians by administrative decision. Israel’s family reunion policy toward Palestinians is examined in this article. The analysis tries to show the implications of such a policy for Palestinian refugees’ right to return to their home in the Occupied Territories. Available online for purchase or by subscription.
  348. Find this resource:
  349. Radley, Kurt Rene. “The Palestinian Refugees: The Right to Return in International Law.” American Journal of International Law 72 (1978): 586–614.
  350. DOI: 10.2307/2200460Save Citation »Export Citation »E-mail Citation »
  351. United Nations resolutions have recognized the inalienable right of Palestinian refugees to return to their homes and property in Israel and the Occupied Palestinian Territories. This article examines how international law regulates refugees’ right to return and applies this examination to the Palestinian refugee problem. Available online for purchase or by subscription.
  352. Find this resource:
  353. Reeds, Laura Anne. “Sixty Years in Limbo: The Duty of Host States to Integrate Palestinian Refugees under Customary International Law.” New York University Law Review 81 (2006): 351–384.
  354. Save Citation »Export Citation »E-mail Citation »
  355. After the Nakbah—the displacement of Palestinians from historic Palestine beginning in 1948—thousands of Palestinians fled their homes and were absorbed by surrounding Arab states. Also, many of them were resettled in other countries. This article aims to identify the nature and scope of the obligations imposed on host states under customary international law. Available online for purchase or by subscription.
  356. Find this resource:
  357. Takkenberg, Alex. The Status of Palestinian Refugees in International Law. Oxford: Clarendon, 1998.
  358. Save Citation »Export Citation »E-mail Citation »
  359. Originally written as a doctoral thesis, this book offers an in-depth analysis of legal aspects of the Palestinian refugee problem. Having worked for the Dutch Refugee Council and for UNRWA in the West Bank and Gaza Strip, the author combines theoretical knowledge with practical insight to produce a valuable study of the topic.
  360. Find this resource:
  361. The Question of the Arab-Israeli Citizens
  362.  
  363. This heading is devoted to the legal status of those Palestinians and their descendants who remained in the area that became the State of Israel in 1948, also known as Palestinian citizens of Israel, Palestinian Israelis, 1948 Palestinians, or Arab Israelis. The political, historical, and sociological background is analyzed in Bligh 2003. The politics behind the question are also addressed in Ganin 2001 and Landau 1993. Many scholars have denounced the discrimination suffered by Arab-Israeli citizens due to Israeli law and policies regulating their legal status. Both Barreñada 2004 and Tessler and Grant 1998 provide valuable analysis of the question from this perspective. Also from this point of view, the Adalah website offers up-to-date information about the human rights situation of this collective. Peled 1992 is a theoretical analysis of the challenges that ethnically divided societies pose to democratic governments. The author argues that Israel is “one successful example of a democratic yet deeply divided society” (p. 432).
  364.  
  365. Adalah: The Legal Center for Arab Minority Rights in Israel.
  366. Save Citation »Export Citation »E-mail Citation »
  367. The website of a nongovernmental organization established in 1996 with the purpose of promoting and defending the individual and collective rights of Arab-Israeli citizens. A complete survey of its activities and publications is available in the website.
  368. Find this resource:
  369. Barreñada, Isaias. “Identidad y ciudadanía en el conflicto israelo-palestino: Los palestinos con ciudadanía israelí, parte del conflicto y excluidos del proceso de paz.” PhD diss., Universidad Complutense de Madrid, 2004.
  370. Save Citation »Export Citation »E-mail Citation »
  371. This doctoral thesis aims to fill the gap in Spanish scholarly literature on the situation of Arab-Israeli citizens. It focuses on the analysis of the domestic and international political implications of the presence of this Arab minority in Israel. As indicated in the title, the author considers that Arab-Israeli citizens, being part of the conflict, are excluded from the peace process.
  372. Find this resource:
  373. Bligh, Alexander, ed. The Israeli Palestinians: An Arab Minority in the Jewish State. London: Frank Cass, 2003.
  374. Save Citation »Export Citation »E-mail Citation »
  375. This collection of fourteen essays examines basic political, historical, and sociological aspects of the current situation of the 1.2 million Arab-Israeli citizens living in Israel. The authors are all Israeli scholars, Arabs and Jews.
  376. Find this resource:
  377. Ganin, As’ad. The Palestinian-Arab Minority in Israel, 1948–2000: A Political Study. Albany: State University of New York Press, 2001.
  378. Save Citation »Export Citation »E-mail Citation »
  379. This book provides an overview of the political questions regarding the Arab-Israeli minority. The analysis is based on personal interviews and documentary material. It includes tables summarizing Arab votes in local and Knesset elections.
  380. Find this resource:
  381. Landau, Jacob M. The Arab Minority in Israel, 1967–1991: Political Aspects. Oxford: Clarendon, 1993.
  382. DOI: 10.1093/acprof:oso/9780198277125.001.0001Save Citation »Export Citation »E-mail Citation »
  383. This analysis focuses on the political, economic, and social dynamics of the Arab-Israeli community living in Israel. The author considers that denial of full equality has resulted in growing politicization and radicalization of this group. With the goal being real integration, the final conclusions suggest how Arab-Jewish relations could improve.
  384. Find this resource:
  385. Peled, Yoav. “Ethnic Democracy and the Legal Construction of Citizenship: Arab Citizens of the Jewish State.” American Political Science Review 86 (1992): 432–443.
  386. DOI: 10.2307/1964231Save Citation »Export Citation »E-mail Citation »
  387. This article focuses on how Israel deals with the challenge of maintaining a democratic system of government while being an ethnically diverse society. In the author’s words, “the citizenship status of its Arab citizens is the key to Israel’s ability to function as an ethnic democracy, that is, a political system combining democratic institutions with the dominance of one ethnic group” (p. 432). Available online for purchase or by subscription.
  388. Find this resource:
  389. Tessler, Mark, and Audra K. Grant. “Israel’s Arab Citizens: The Continuing Struggle.” Annals of the American Academy of Political and Social Science 555 (1998): 97–113.
  390. DOI: 10.1177/0002716298555001007Save Citation »Export Citation »E-mail Citation »
  391. The authors describe the strategies followed by Arab-Israeli citizens with the purpose of gaining political and social weight in Israeli society. They conclude that, despite the efforts deployed in this sense, this group remains marginalized and powerless. Although years have passed since this analysis was made, some of its conclusions are still valid. Available online for purchase or by subscription.
  392. Find this resource:
  393. Israeli Settlements
  394.  
  395. The Israeli settlement question in the West Bank has become a serious obstacle to the two-state solution (see also Two-state Solution and Alternatives). A number of important United Nations resolutions (for instance, United Nations Security Council 1980) determine the illegality under international law of all measures taken by Israel to change the physical character, demographic composition, institutional structure, or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem or any part thereof. In this sense, practices of settling parts of the Israeli population and new immigrants in those territories have been found to constitute a flagrant violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War. The Foundation for Middle East Peace website offers reliable and updated information on Israeli settlement policies in the Occupied Territories. Aronson 1996 focuses on how to deal with this question in the framework of the peace talks. The role played by Israeli right wing is addressed in Dalsheim 2011 and International Crisis Group 2009. Quigley 1998 provides an analysis of the international legal implications of the question.
  396.  
  397. Aronson, Geoffrey. Settlements and the Israel-Palestinian Negotiations: An Overview. Washington, DC: Institute for Palestine Studies, 1996.
  398. Save Citation »Export Citation »E-mail Citation »
  399. The study is part of the Final Status Issues Papers, a collection published by the Institute for Palestine Studies aiming to analyze the main elements of the Palestinian-Israeli conflict. In this one, the author examines possible solutions to the settlement question.
  400. Find this resource:
  401. Dalsheim, Joyce. Unsettling Gaza: Secular Liberalism, Radical Religion, and the Israeli Settlement Project. Oxford: Oxford University Press, 2011.
  402. Save Citation »Export Citation »E-mail Citation »
  403. This recent ethnographical analysis, based on fieldwork made in the Gaza Strip during the year prior to Israeli withdrawal, focuses on right-wing settlers and left-wing and secular opposition approaches to the settlement question.
  404. Find this resource:
  405. Foundation for Middle East Peace. Settlement Information.
  406. Save Citation »Export Citation »E-mail Citation »
  407. The Foundation for Middle East Peace offers reliable information about Israeli settlements in the Occupied Territories. The organization maintains an updated database that includes statistics, maps, and periodic reports on settlers’ population and settlement construction.
  408. Find this resource:
  409. International Crisis Group. Israel’s Religious Right and the Question of Settlements. Middle East Report 89. Brussels: International Crisis Group, 2009.
  410. Save Citation »Export Citation »E-mail Citation »
  411. This study focuses on the political dynamics surrounding the question of Israeli settlements. It explains how the Israeli government is dealing with the growing international pressure—especially from the Obama administration, with its request to halt settlement expansion—and with the radicalization of the settler movement.
  412. Find this resource:
  413. Quigley, John. “Living in Legal Limbo: Israel’s Settlers in Occupied Palestinian Territory.” Pace International Law Review 10 (1998): 1–29.
  414. Save Citation »Export Citation »E-mail Citation »
  415. The author discusses legal implications of Israeli settlement policy under international law. In his opinion, only compliance with international rules and protection of both parties’ rights could lead to a durable peace agreement.
  416. Find this resource:
  417. United Nations Security Council. Territories Occupied by Israel. Security Council Res. 465 (1980) of 1 March 1980, 2203rd Meeting. UN Doc. S/RES/465 (1980).
  418. Save Citation »Export Citation »E-mail Citation »
  419. As in previous ones, in this resolution the Security Council determines that Israeli settlement policy constitutes a serious breach of international legal norms and a serious obstacle for the peace process. It calls upon Israel to cease the expansion of settlements and to dismantle the existing ones. It also calls upon all states not to provide Israel with any assistance to be used specifically in connection with settlements in the Occupied Palestinian Territories.
  420. Find this resource:
  421. The Legal Status of Jerusalem
  422.  
  423. Jerusalem’s and its residents’ status has also become one crucial question of any final settlement of the Palestinian-Israeli conflict. Due to political, historical, religious, and symbolic reasons, this is a highly controversial issue, whose discussion has been postponed on several occasions in the framework of the peace negotiations. These reasons are analyzed in Dumper 1997. United Nations resolutions, such as United Nations Security Council Resolution 478 (1980), have repeatedly addressed the question. In this sense, the Security Council has reiterated that any measure adopted with the purpose of altering the geographic, demographic, and historical character or the city constitutes a flagrant violation of international humanitarian law and must be considered null and void. Imseis 2000 exposes in detail municipal measures adopted by Israel in East Jerusalem, and Pullan and Gwiazda 2008 offers an example of settlers’ practices aiming to extend “the infrastructure of expropriation and occupation in East Jerusalem” (p. 3). In a broader sense, Cassese 1986 considers international legal rules applicable to the question, and Le Morzellec 1979 examines how the United Nations dealt with the issue until 1979.
  424.  
  425. Cassese, Antonio. “Legal Considerations on the International Status of Jerusalem.” Palestine Yearbook of International Law 3 (1986): 13–39.
  426. Save Citation »Export Citation »E-mail Citation »
  427. Beginning with an analysis of the Israeli and Jordanian commitment not to change the legal status of Jerusalem without United Nations consent, the author focuses of the legal condition of this city after the Arab-Israeli war of 1967. He also examines the role of the United Nations in making decisions about the future of Jerusalem.
  428. Find this resource:
  429. Dumper, Michael. The Politics of Jerusalem since 1967. New York: Columbia University Press, 1997.
  430. Save Citation »Export Citation »E-mail Citation »
  431. This is a complete analysis of the reasons why Jerusalem’s position has become one of the crucial issues for any solution of the Palestinian-Israeli conflict. The author details the historical, symbolic, and political elements of the question. He concludes with some proposals for a negotiated solution to the problem.
  432. Find this resource:
  433. Imseis, Ardi. “Facts on the Ground: An Examination of Israeli Municipal Policy in East Jerusalem.” American University International Law Review 15 (2000): 1039–1069.
  434. Save Citation »Export Citation »E-mail Citation »
  435. The author tries to show how Israeli municipal and land use laws and policies implemented in East Jerusalem have created an irreversible situation. This deliberate policy of faits accomplis is presented as a definitive impediment for a potential negotiated solution to the question.
  436. Find this resource:
  437. Le Morzellec, Joelle. La quéstion de Jérusalem devant l’Organization des Nations Unies. Brussels: Bruylant, 1979.
  438. Save Citation »Export Citation »E-mail Citation »
  439. This is a complete (if out-of-date) analysis of the role played by the United Nations in searching for a negotiated solution to the question of the final status of Jerusalem in compliance with international law.
  440. Find this resource:
  441. Pullan, Wendy, and Maximilian Gwiazda. Jerusalem’s “City of David”: The Politicisation of Urban Heritage. Divided Cities/Contested States Working Paper 6. Swindon, UK: Economic and Social Research Council, 2008.
  442. Save Citation »Export Citation »E-mail Citation »
  443. This working paper, produced in 2008, is part of an interesting series devoted to the study of diverse aspects of the so-called divided cities in contested states. Finding Jerusalem an exceptional example, the authors present an analysis of the ideological and physical uses of heritage sites by Israeli settlers.
  444. Find this resource:
  445. United Nations Security Council. Territories Occupied by Israel. Security Council Res. 478 (1980) of 20 August 1980, 2245th Meeting. UN Doc. S/RES/478 (1980).
  446. Save Citation »Export Citation »E-mail Citation »
  447. In this resolution, passed after the enactment by the Israeli Knesset of the Basic Law declaring Jerusalem, complete and united, to be the capital of Israel, the Security Council determined the unlawfulness of that norm.
  448. Find this resource:
  449. Israel’s Right to Live in Peace with Defensible Frontiers
  450.  
  451. Along with the Right of the Palestinian People to Self-Determination, United Nations resolutions have proclaimed Israel’s right to live in peace in the region within safe and defensible frontiers. Regarding the latter, two questions are addressed in this section. First, the focus is on the extent of Israel’s right to provide for its security under international law. Second, attention will be drawn to the legal implications of the construction of a wall in the Occupied Palestinian Territories.
  452.  
  453. Israel’s Right to Provide for Its Security
  454.  
  455. Under the terms of Article 51 of the Charter of the United Nations, the use of military force in self-defense is permitted, but the extent to which this article includes the extraterritorial use of force aiming to counter terrorism is not clear. Diverse and complementary analyses on this question are presented here. Detailed discussion on the topic in the framework of the Israel-Lebanon conflict is in Levenfeld 1982–1983. Schachter 1989 argues in favor of a wider notion of self-defense aiming to cover extraterritorial uses of force against terrorist groups or individuals. Tams 2009 analyzes international developments in this regard; the author concludes that forcible responses to terrorism are possible in certain circumstances. Martin 1973 offers a wider study of international legal norms on the use of force applying to Arab-Israeli armed conflicts. Kretzmer 2005 focuses on the question of targeted killings, and United Nations Human Rights Council 2010 reports on the violations of international law committed during the interception of the “Gaza freedom flotilla.”
  456.  
  457. Kretzmer, David. “Targeted Killings of Suspected Terrorists: Extra-Judicial Executions or Legitimate Means of Defense?” European Journal of International Law 16 (2005): 171–212.
  458. DOI: 10.1093/ejil/chi114Save Citation »Export Citation »E-mail Citation »
  459. The author analyzes the question of whether targeting active members of terrorist groups may be considered a practice contrary to international human rights law or a legitimate act of war under international humanitarian law.
  460. Find this resource:
  461. Levenfeld, Barry. “Israel’s Counter-Fedayeen Tactics in Lebanon: Self-Defense and Reprisal under Modern International Law.” Columbia Journal of Transnational Law 21 (1982–1983): 1–48.
  462. Save Citation »Export Citation »E-mail Citation »
  463. The aim of this article is to analyze how international law deals with the question of the use of military force to counter terrorism. In this regard, the author examines Lebanon’s legal responsibility to control Fedayeen groups operating in its territory and the legality of Israeli responses to Lebanese violations of international law. Available online for purchase or by subscription.
  464. Find this resource:
  465. Martin, Pierre-Marie. Le conflit israelo-arabe: Recherches sur l’emploi de la force en droit international positif. Paris: Librairie générale de droit et de jurisprudence, 1973.
  466. Save Citation »Export Citation »E-mail Citation »
  467. Arab-Israeli conflict is the main thread chosen by the author to develop general questions on the use of force in public international law. These are applied to the 1948, 1956, and 1967 Arab-Israeli wars in order to determine the scope of aggression and legitimate defense under the international legal order.
  468. Find this resource:
  469. Schachter, Oscar. “The Lawful Use of Force by a State against Terrorists in Another Country.” Israel Yearbook on Human Rights 19 (1989): 209–231.
  470. Save Citation »Export Citation »E-mail Citation »
  471. This is an analysis on international law applicable to extraterritorial uses of force against terrorist groups or individuals. The author argues that those acts could be justified under a wider approach to self-defense doctrine or on the basis of necessity.
  472. Find this resource:
  473. Tams, Christian J. “The Use of Force against Terrorists.” European Journal of International Law 20 (2009): 359–397.
  474. DOI: 10.1093/ejil/chp031Save Citation »Export Citation »E-mail Citation »
  475. This is an analysis of the issue of how international law deals with the question of the use of force against terrorist groups based in other countries. The author argues that important developments in this regard have come about since the 1990s and maintains that some kinds of forcible responses to terrorism are possible in the early 21st century.
  476. Find this resource:
  477. United Nations Human Rights Council. Report of the International Fact-Finding Mission to Investigate Violations of International Law, Including International Humanitarian and Human Rights Law, Resulting from the Israeli Attacks on the Flotilla of Ships Carrying Humanitarian Assistance. 15th Sess., Agenda Item 1. UN Doc. A/HRC/15/21 (2010).
  478. Save Citation »Export Citation »E-mail Citation »
  479. This report is the result of the work carried out by the fact-finding mission established by the Human Rights Council in Resolution A/HRC/RES/14/1 of 2 June 2010. It focuses on international law applicable to the interception of the “Gaza freedom flotilla” in international waters of the Mediterranean Sea.
  480. Find this resource:
  481. The Wall
  482.  
  483. Also called the “security barrier” and “security fence,” the wall is being built by Israel not only along the pre-1967 line between Israel and the West Bank (also known as the “Green Line”), but at times within the latter. Upon a request of the General Assembly, the International Court of Justice delivered in 2004 its opinion on the legal consequences of the construction of a wall in the Occupied Palestinian Territories. Since then, it has been the subject of extensive scholarly debate. O’Keefe 2004 makes an extensive analysis of the international obligations identified by the court in its advisory opinion. Kretzmer 2005 and Pertile 2004 focus on the international humanitarian law implications of the pronouncement. Both of these works criticized the weakness of the arguments offered by the United Nations International Court of Justice 2003. The court also dealt with the question of the use of force in self-defense. Tams 2005 and Wedgwood 2005 discuss the legal reasoning of the opinion on this matter. Interesting comparative studies of the conclusions reached by the Israeli Supreme Court case law related to the separation barrier are offered in Gross 2006 and Kattan 2007.
  484.  
  485. Gross, Aeyal M. “The Construction of a Wall between The Hague and Jerusalem: The Enforcement and Limits of Humanitarian Law and the Structure of Occupation.” Leiden Journal of International Law 19 (2006): 393–440.
  486. DOI: 10.1017/S0922156506003360Save Citation »Export Citation »E-mail Citation »
  487. Following an international humanitarian law approach, this article compares the conclusions reached by the International Court of Justice in its advisory opinion on the wall with some rulings of the Israeli Supreme Court sitting as the High Court of Justice dealing with the question of the separation barrier. Available online for purchase or by subscription.
  488. Find this resource:
  489. Kattan, Victor. “The Legality of the West Bank Wall: Israel’s High Court of Justice v. The International Court of Justice.” Vanderbilt Journal of Transnational Law 40 (2007): 1425–1521.
  490. Save Citation »Export Citation »E-mail Citation »
  491. This is a critical analysis of Israeli Supreme Court’s ruling in Mara’abe v. The Prime Minister of Israel. Adopted fourteen months after the International Court of Justice advisory opinion on the wall, the Mara’abe ruling discusses the legal status of The Hague’s decision on domestic Israeli law.
  492. Find this resource:
  493. Kretzmer, David. “The Advisory Opinion: The Light Treatment of International Humanitarian Law.” American Journal of International Law 99 (2005): 88–102.
  494. DOI: 10.2307/3246092Save Citation »Export Citation »E-mail Citation »
  495. The author argues the weakness of the legal reasoning behind the International Court of Justice’s advisory opinion on the wall. He maintains the International Court of Justice missed the opportunity to clarify some complex questions related to the international humanitarian law applicable to the issue. Available online for purchase or by subscription.
  496. Find this resource:
  497. O’Keefe, Roger. “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory: A Commentary.” Revue Belge de Droit International 37 (2004): 92–149.
  498. Save Citation »Export Citation »E-mail Citation »
  499. This is an in-depth study of the obligations identified by the International Court of Justice in its advisory opinion on the wall.
  500. Find this resource:
  501. Pertile, Marco. “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory: A Missed Opportunity for International Humanitarian Law?” Italian Yearbook of International Law 14 (2004): 121–163.
  502. Save Citation »Export Citation »E-mail Citation »
  503. Another critical analysis of the legal grounds of the advisory opinion. The author examines the court’s interpretation of rules of international humanitarian law and offers supplementary arguments to support its conclusions.
  504. Find this resource:
  505. Tams, Christian J. “Light Treatment of a Complex Problem: The Law of Self-Defence in the Wall Case.” European Journal of International Law 16 (2005): 963–978.
  506. DOI: 10.1093/ejil/chi152Save Citation »Export Citation »E-mail Citation »
  507. The article provides a critical appraisal of International Court of Justice advisory opinion’s legal reasoning on international rules governing the right to self-defense. The author argues that the court failed to give an adequate answer to contemporary problems regarding the use of force against terrorists.
  508. Find this resource:
  509. United Nations International Court of Justice. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. Advisory Opinion of 10 December 2003.
  510. Save Citation »Export Citation »E-mail Citation »
  511. The advisory opinion is divided into three parts. First, the International Court of Justice examines some preliminary questions regarding its own jurisdiction on the request. Second, it identifies the relevant international rules applicable to the issue. The last part is devoted to the legal consequences of the construction of the wall.
  512. Find this resource:
  513. Wedgwood, Ruth. “The ICJ Advisory Opinion on the Israeli Security Fence and the Limits of Self-Defense.” American Journal of International Law 99 (2005): 52–61.
  514. DOI: 10.2307/3246089Save Citation »Export Citation »E-mail Citation »
  515. Like Kretzmer 2005, this article is contained in a special Agora section of Volume 99 of the American Journal of International Law devoted to analyzing different aspects of the International Court of Justice advisory opinion on the wall. The author examines the implications of the court’s decision for the self-defense doctrine. Available online for purchase or by subscription.
  516. Find this resource:
  517. Right of the Palestinian People to Self-Determination
  518.  
  519. United Nations resolutions have repeatedly reaffirmed “the inalienable, permanent and unqualified right of the Palestinian people to self-determination, including their right to live in freedom, justice and dignity and to establish their sovereign, independent, democratic and viable contiguous state” (see, for instance, paragraph 1 of the recent resolution adopted by the United Nations Human Rights Council on 10 April 2012, A/HRC/RES/19/15). Despite the force of this declaration, “the question of how to realize the right of Palestinians to self-determination has become one of the most crucial and tricky issues in international relations,” as Cassese 1993 has pointed out (p. 564). Entries included here deal with the question in general terms. Bowen 1997 brings together a collection of essays on the topic. De Waart 1994 focuses on the scope of peoples’ right to self-determination, and the author applies the analysis to the Palestinian people. In addition, three specific issues will be addressed in this section: the question of Palestinian statehood, the question of the right of the Palestinian people to its natural resources, and the feasibility of the two-state solution.
  520.  
  521. Bowen, Stephen, ed. Human Rights, Self-Determination, and Political Change in the Occupied Palestinian Territories. The Hague: Martinus Nijhoff, 1997.
  522. Save Citation »Export Citation »E-mail Citation »
  523. This collection of essays has its origin in the International Colloquium on Human Rights and Political Change held under the auspices of the Palestinian Centre for Human Rights in 1994. The main idea underlying the works is that only full respect of international law and the Palestinian right to self-determination can provide a just and lasting solution of the conflict.
  524. Find this resource:
  525. Cassese, Antonio. “The Israel-PLO Agreement and Self-Determination.” European Journal of International Law 4 (1993): 564–571.
  526. Save Citation »Export Citation »E-mail Citation »
  527. This article appraises the Declaration of Principles on Interim Self-Government Arrangements signed in September 1993 by Israel and the Palestine Liberation Organization from a Palestinian self-determination perspective.
  528. Find this resource:
  529. De Waart, Paul J. I. M. Dynamics of Self-Determination in Palestine: Protection of Peoples as a Human Right. Social, Economic and Political Studies of the Middle East and Asia. Leiden, The Netherlands: Brill, 1994.
  530. Save Citation »Export Citation »E-mail Citation »
  531. International rules governing the protection of peoples’ rights are applied in this book to the Palestinian-Israeli conflict. Especial attention is drawn to the Palestinian people’s right to self-determination.
  532. Find this resource:
  533. Palestinian Statehood
  534.  
  535. The establishment of an independent state for the Palestinian people is still unresolved. Political and legal questions arise when analyzing this topic. Quigley 2010 constitutes the most comprehensive analysis of those questions. Flory 1989, Boyle 1990, and Crawford 1990 present complementary arguments on the legality and the opportunity of the proclamation of an independent Palestinian state made in Algiers in 1988 by the Palestine National Council. Bishara 1999 analyzes the political implications of a unilateral declaration of independence made in May 1999 after the end of the “interim phase” agreed to in Oslo, and Bockel 1995 analyzes the feasibility of the establishment of a Palestinian state after the creation of the Palestinian Authority.
  536.  
  537. Bishara, Azmi. “4 May 1999 and Palestinian Statehood: To Declare or Not to Declare?” Journal of Palestine Studies 28 (1999): 5–16.
  538. DOI: 10.2307/2537930Save Citation »Export Citation »E-mail Citation »
  539. The possibility of a unilateral declaration on statehood by the Palestinians in May 1999, after the end of the “interim phase” accorded in Oslo, is analyzed in this article. The focus is on the political implications of that declaration for both Israel and the Palestinians. The author frames its analysis around the Oslo process and its consequences.
  540. Find this resource:
  541. Bockel, Alain. “Vers un état palestinien démocratique?” Annuaire Française de Droit International 41 (1995): 33–51.
  542. DOI: 10.3406/afdi.1995.3313Save Citation »Export Citation »E-mail Citation »
  543. This article (titled “Towards a democratic Palestinian state?”) answers to the question of whether the birth of the Palestinian Authority could be considered the first step toward a democratic Palestinian state. Although out of date, it is an interesting examination of the interim agreement on the West Bank and the Gaza Strip reached in the framework of the Oslo process.
  544. Find this resource:
  545. Boyle, Francis. “The Creation of the State of Palestine.” European Journal of International Law 1 (1990): 301–306.
  546. Save Citation »Export Citation »E-mail Citation »
  547. The author maintains that the three elements constituent of statehood (territory, population, and a government capable of entering into relations with other subjects of international laws) were satisfied in 1989 by the unilaterally declared Palestinian state.
  548. Find this resource:
  549. Crawford, James. “The Creation of the State of Palestine: Too Much Too Soon?” European Journal of International Law 1 (1990): 307–313.
  550. Save Citation »Export Citation »E-mail Citation »
  551. This is an answer to the considerations of Boyle 1990 on Palestinian statehood. After analyzing the status of Palestine under traditional criteria for statehood, the authority of the United Nations General Assembly to recognize Palestinian statehood, and the position of dissenting states, the author concludes that Boyle’s affirmations are weak and premature.
  552. Find this resource:
  553. Flory, Maurice. “Naissance d’un état palestinien.” Revue Générale de Droit International Public 93 (1989): 385–416.
  554. Save Citation »Export Citation »E-mail Citation »
  555. This is another analysis of whether the conditions for statehood required by international law were met in the case of Palestine in 1988.
  556. Find this resource:
  557. Quigley, John. The Statehood of Palestine: International Law in the Middle East Conflict. Cambridge, UK: Cambridge University Press, 2010.
  558. DOI: 10.1017/CBO9780511779763Save Citation »Export Citation »E-mail Citation »
  559. Certainly, this is the most in-depth analysis of the topic of Palestinian statehood. Quigley’s study covers a wide range of questions related to the topic. It also constitutes an essay on Middle East law and politics.
  560. Find this resource:
  561. The Right to Access to Natural Resources
  562.  
  563. The prolonged Israeli occupation is posing serious challenges to the resource dimension of the right to self-determination. This dimension is enshrined in Paragraph 2 of Article 1 of the United Nations Covenant on Economic, Social, and Cultural Rights. This article establishes that “all peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law.” The same article adds that “in no case may a people be deprived of its own means of subsistence.” United Nations human rights organizations have denounced the violation of both Palestinian citizens’ individual right of access to water and the Palestinian people’s collective right to the use of its own water resources. This question is analyzed under this heading. Cahill-Ripley 2011 is an analysis of the legal foundations of the human right to water. The author applies this analysis to the Occupied Palestinian Territories. Abouali 1998, Dichter 1994, and Stein 2011 focus on the legal status of Palestinian water and on international law applicable to the question. Daibes 2003 and Shuval and Dweik 2007 constitute a more interdisciplinary approach to the question. Both volumes collect essays regarding different topics on water access and management in West Bank and Gaza. Finally, Zeitoun 2008 shows the politics behind water management in Palestine.
  564.  
  565. Abouali, Gamal. “Natural Resources under Occupation: The Status of Palestinian Water under International Law.” Pace International Law Review 10 (1998): 411–574.
  566. Save Citation »Export Citation »E-mail Citation »
  567. This article aims to determine Palestinian water rights under international law. It starts with a brief description of the hydrological system of the region and a summary of local water legislation under the Ottoman Empire, the British mandate, and the local legislation currently in force. Then, it reviews water management provisions under international law. Before proposing some conclusions, it focuses on the analysis of the Interim Agreement signed in 1995.
  568. Find this resource:
  569. Cahill-Ripley, Amanda. The Human Right to Water and Its Application in the Occupied Palestinian Territories. London: Routledge, 2011.
  570. Save Citation »Export Citation »E-mail Citation »
  571. This book reviews the scope and nature of the human right to water under international law. The analysis is then applied to the Occupied Palestinian Territories, including a case study focused on the southern West Bank. The study finishes with some recommendations for developing the right to water.
  572. Find this resource:
  573. Daibes, Fadia, ed. Water in Palestine: Problems, Politics, Prospects. Jerusalem: Palestinian Academic Society for the Study of International Affairs, 2003.
  574. Save Citation »Export Citation »E-mail Citation »
  575. This book is a compilation of interdisciplinary articles covering different topics related to water access and management in the West Bank and Gaza. It includes an analysis of the relationship between water and development, demographic trends and the future demand for water, and the role of Israeli settlements in water management.
  576. Find this resource:
  577. Dichter, Harold. “The Legal Status of Israel’s Water Policies in the Occupied Territories.” Harvard International Law Journal 35 (1994): 565–594.
  578. Save Citation »Export Citation »E-mail Citation »
  579. This article reviews the legal status of Israeli water policies prior to the implementation of the Oslo agreements. It describes the legal changes made by the Israeli government in order to derogate the former legislation in Gaza and the West Bank, and it evaluates these changes under the light of international law. Available online for purchase or by subscription.
  580. Find this resource:
  581. Shuval, Hillel, and Hassan Dweik, eds. Water Resources in the Middle East: Israel-Palestinian Water Issues: From Conflict to Cooperation. Berlin: Springer, 2007.
  582. Save Citation »Export Citation »E-mail Citation »
  583. This book compiles the papers presented to the Second Israeli-Palestinian International Conference on Water for Life, held in 2007. The chapters’ interdisciplinary approach is based on the need of mutual cooperation in order to face transboundary regional water challenges.
  584. Find this resource:
  585. Stein, Jeffrey D. “Waging Waterfare: Israel, Palestinians, and the Need for a New Hydro-Logic to Govern Water Rights under Occupation.” Journal of International Law and Politics 44 (2011): 165–217.
  586. Save Citation »Export Citation »E-mail Citation »
  587. This article describes the water challenges in the region. The author advocates for an explicit compliance with international law in order to solve arising problems, including international water law, international law on transboundary resources, and international humanitarian law. The article proposes a new rule for improving water management in the Occupied Palestinian Territories.
  588. Find this resource:
  589. Zeitoun, Mark. Power and Water in the Middle East: The Hidden Politics of the Palestinian-Israeli Water Conflict. London and New York: I. B. Tauris, 2008.
  590. Save Citation »Export Citation »E-mail Citation »
  591. This book examines the topic using the notion of “hydro-hegemony” as a new analytical framework. To this purpose, the author describes the dynamics of water management and its role in the conflict. He tries to exemplify how Israeli policies are affecting the Palestinian Authority’s options for water management.
  592. Find this resource:
  593. Two-State Solution and Alternatives
  594.  
  595. The international community, namely, the United Nations, has supported the two-state solution since the proposal of the Partition Plan in 1947 (United Nations General Assembly 1947). One of the latest initiatives in this sense was launched by the Quartet (the United Nations, Russia, the European Union, and the United States), and it is detailed in a Road Map described in the United Nations Security Council 2003 letter exchange between the President of the Security Council and the Secretary-General. However, the creation of an independent Palestinian state alongside the State of Israel remains problematic. The achievement of the two-state solution requires the previous agreement on some core elements of the Palestinian-Israeli conflict, including the borders of the Palestinian state. This is not an easy issue to resolve. Grief 2008 theorizes on the legal foundation of Jewish sovereignty over the historical land of Israel. It is worth remarking that many scholars have expressed their doubts about the feasibility of the two-state solution. Abunimah 2006 considers it unrealistic. Abdul Hadi 2005 explores different alternatives. Dumper 2010 proposes a “two-state plus solution” and examines different formulas for binational integration. Morris 2009 argues that neither one- nor two-state solutions are viable. Morris advocates for a confederation between the West Bank and the East Bank (Jordan) to create a viable new Arab state. Finally, Hanelt 2008 focuses on the role played by the European Union in the implementation of the two-state solution.
  596.  
  597. Abdul Hadi, Madhi, ed. Palestinian-Israeli Impasse: Exploring Alternative Solutions to the Palestine Israel Conflict. Jerusalem: Palestinian Academic Society for the Study of International Affairs, 2005.
  598. Save Citation »Export Citation »E-mail Citation »
  599. This book is the final outcome of an international research and debate project on the Israeli-Palestinian conflict, organized by PASSIA. The book gathers discussion records and research papers from Israeli and Palestinian scholars and social activists in order to determine whether the “two-state solution” is already a viable option, and to explore the feasibility of different alternatives, like federalism or regional integration.
  600. Find this resource:
  601. Abunimah, Ali. One Country: A Bold Proposal to End the Israeli-Palestinian Impasse. New York: Metropolitan, 2006.
  602. Save Citation »Export Citation »E-mail Citation »
  603. This book’s starting point is the recognition of the lack of realism that is behind the two-state solution, due to the linkage and interdependence between Israel and Palestine—geographically, but also politically and economically. The author argues that separation in two countries will not bring security or viability for Palestine and Israel.
  604. Find this resource:
  605. Dumper, Michael. “Two States Plus”: The Binationalism Debate and the Future of Jerusalem. Divided Cities/Contested States Working Paper Series 16. Swindon, UK: Economic and Social Research Council, 2010.
  606. Save Citation »Export Citation »E-mail Citation »
  607. This article argues that there is not a clear dichotomy between the one-state and two-state solutions, as there is a large “grey zone” for consensus between the two options. The author advocates for a “two-state plus” solution: independent states with a high level of cooperation and coordination. He also examines different models of binational integration: confederalism, federalism, or consociationalism.
  608. Find this resource:
  609. Grief, Howard. The Legal Foundations and Borders of Israel under International Law. Jerusalem: Mazo, 2008.
  610. Save Citation »Export Citation »E-mail Citation »
  611. This is a legal essay on Jewish sovereignty over the historical land of Israel. The author is known as the originator of the theory that legal sovereignty over the entire land of Israel and Palestine has belonged to the Jewish people since the San Remo Resolution was adopted at the San Remo Peace Conference in 1920.
  612. Find this resource:
  613. Hanelt, Christian-Peter. “After Annapolis: What Is Europe’s Role in Facilitating the Implementation of a Two-State Solution?” In Bound to Cooperate: Europe and the Middle East. Vol. 2. Edited by Christian-Peter Hanelt and Möller Almut, 210–229. Gütersloh, Germany: Bertelsmann Stiftung, 2008.
  614. Save Citation »Export Citation »E-mail Citation »
  615. This article is part of the Bertelsmann Stiftung research project on the role of the European Union in the Middle East. The article is aimed to review the EU’s role in supporting the implementation of the Annapolis and Paris processes, which were launched in 2007.
  616. Find this resource:
  617. Morris, Benny. One State, Two States: Resolving the Israeli/Palestine Conflict. New Haven, CT: Yale University Press, 2009.
  618. Save Citation »Export Citation »E-mail Citation »
  619. This book reviews the history and background of the different alternatives regarding the Israeli-Palestinian conflict. According to the author, neither one- nor two-state solutions are viable due to cultural and social differences and the extremely limited geography of the area. The book advocates for a confederation between the West Bank and the East Bank (Jordan) to create a viable new Arab state.
  620. Find this resource:
  621. United Nations General Assembly. Future Government of Palestine. G.A. Res. 181/II (A-B) adopted on 29 November 1947, Special Sess., Agenda Item 22. UN Doc. A/RES/181(II) [A-B].
  622. Save Citation »Export Citation »E-mail Citation »
  623. This resolution stated the never-implemented partition plan, creating Israeli-Jewish and Arab states. The plan was based on three key points: termination of the British mandate in the region, partition, and independence. It determined the boundaries of both countries and the international status of Jerusalem. Furthermore, the plan called to an economic union between the two future states.
  624. Find this resource:
  625. United Nations Security Council. Letter Exchange with the Secretary General. Letter Dated 7 May 2003 from the Secretary-General Addressed to the President of the Security Council (Middle East, Palestinian Question—Road Map). UN Doc. S/2003/529.
  626. Save Citation »Export Citation »E-mail Citation »
  627. This letter exchange attached the peace plan called the “Road Map,” which was negotiated by the parties with the assistance of the Quartet (UN, Russia, EU, and the United States). The Road Map was aimed at providing the necessary conditions for the establishment of the two-state solution, through a three-phase action plan: the end of violence and terrorism, transition, and negotiation for a permanent status agreement.
  628. Find this resource:
Advertisement
Add Comment
Please, Sign In to add comment
Advertisement
Public Pastes
Advertisement
We use cookies for various purposes including analytics. By continuing to use Pastebin, you agree to our use of cookies as described in the Cookies Policy.  OK, I Understand
Not a member of Pastebin yet?
Sign Up, it unlocks many cool features!