This book brings together, for the first time, independent and highly respected lawyers and jurists from both sides of this century-old conflict, to identify and assess areas of common interest. As violence diminishes in favour of negotiation and compromise, all issues covered by the ongoing discussions will be determined by emerging rule of law. The book contains original contributions from an experienced team of Palestinian and Isrealic lawyers and scholars in the field and covers a range of strategic issues, including history and law, key international treaties, the domestic dimensions of the peace process, water arrangements, economic issues, and the legal institutions which are being created and must adapt to the new scene. An important feature of the book is that it succeeds in showing that the traditional opposition os Israeli and Arab views may be giving way to a common informed reflection on modes of coexistence primarily determined by law. Contributers include Raja Shehadeh, Ruth Gavison, Eyal Benvenisti, Eugene Cotran, David Kretzmer, Anis Al-Qasem, Celia Fassberg, Sharif Elmusa, Mahmud El Jaafari, Eran Feitelson, Ruth Levush, and Mona Rishmawi.
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
From Coexistence to Conquest seeks to explain how the Arab-Israeli conflict developed by looking beyond strict legalism to the men behind the policies adopted by the Great Powers at the dawn of the twentieth century. It controversially argues that Zionism was adopted by the British Government in its 1917 Balfour Declaration primarily as an immigration device and that it can be traced back to the 1903 Royal Commission on Alien Immigration and the Alien’s Act 1905. The book contains the most detailed legal analysis of the 1915-6 Hussein-McMahon correspondence, as well as the Balfour Declaration, and takes a closer look at the travaux préparatoires that formed the British Mandate of Palestine. It places the violent reaction of the Palestine Arabs to mass Jewish immigration in the context of Zionism, highlighting the findings of several British commissions of inquiry which recommended that Britain abandon its policy. The book also revisits the controversies over the question of self-determination, and the partition of Palestine. The Chapter on the 1948 conflict seeks to update international lawyers on the scholarship of Israel’s ‘new’ historians and reproduces some of the horrific accounts of the atrocities that took place from newspaper reports, UN documents, and personal accounts, which saw the expulsion and exodus of almost an entire people from their homeland. The penultimate chapter argues that Israel was created through an act of conquest or subjugation. The book concludes with a sobering analysis of the conflict arguing that neither Jews nor Arabs were to blame for starting it.
The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.
This analysis of the Oslo Accords examines them from the standpoint of international law, argueing that they are legally binding agreements not political undertakings, and suggesting how this might help shape resolution of final status issues.
Recent upheavals in the Middle East are challenging long-held assumptions about the dynamics between the United States, the Arab world, and Israel. In Pathways to Peace, today's leading experts explain these changes in the region and their positive implications for the prospect of a sustained peace between Israel and the Arab World.
“What is so striking about Morris’s work as a historian is that it does not flatter anyone’s prejudices, least of all his own,” David Remnick remarked in a New Yorker article that coincided with the publication of Benny Morris’s 1948: A History of the First Arab-Israeli War. With the same commitment to objectivity that has consistently characterized his approach, Morris now turns his attention to the present-day legacy of the events of 1948 and the concrete options for the future of Palestine and Israel. The book scrutinizes the history of the goals of the Palestinian national movement and the Zionist movement, then considers the various one- and two-state proposals made by different streams within the two movements. It also looks at the willingness or unwillingness of each movement to find an accommodation based on compromise. Morris assesses the viability and practicality of proposed solutions in the light of complicated and acrimonious realities. Throughout his groundbreaking career, Morris has reshaped understanding of the Israeli-Arab conflict. Here, once again, he arrives at a new way of thinking about the discord, injecting a ray of hope in a region where it is most sorely needed.
For decades, Israeli Jews, Palestinians, and Israeli Arabs have been engaged in a debate about past history, present options, and future possibilities. Basic questions of citizenship, religion, political tactics, democracy, the rule of law, and a host of other matters are abandoned, revived and modified in an intellectual exchange between representatives of all three communities that is as old as the political conflicts that have marked the region. The high stakes, intense emotions—and meager results—of the “peace process” lend particular importance and salience to these discussions. The sophistication of these debates will come as a surprise to many observers who might have concluded that there is no escape from the present impasse and little possibility for a just settlement of the grievous divisions in the region. Given the pivotal role of the United States in the Middle East, it would be particularly helpful if Americans’ understanding of the issues went beyond the superficiality that often passes for political discussion and media coverage. Whatever the outcome of the discussions currently under way, the central commitment of the Oslo Accords to the two-state solution has long been the foundation of American diplomacy and is the starting-point of Washington’s most recent attempt to revive the moribund peace process. Important segments of public opinion in the three communities, however, have started to question the possibility—and, more importantly perhaps, the desirability—of a two-state solution. Their doubts have set in motion a lively and important debate, and this book is designed to introduce American readers to the terms of that discussion. It features essays by well-known Israeli academics, both Jewish and Palestinian, as well as contributions from non-Israeli citizen Palestinian, and American scholars. It is the first to bring together a wide range of views and perspectives by influential scholars from various disciplines as well as from activists to bear on a very topical subject with international ramifications.