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The Case for Palestine: An International Law Perspective / Edition 2

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Overview


John Quigley brings a necessary international law perspective to bear on the seemingly intractable Israeli-Palestinian conflict in this updated edition of his important book. Since 2000, the cycle of bloodshed and retribution has spiraled increasingly out of control. Quigley attributes the breakdown of negotiations in 2000 to Israel’s unwillingness to negotiate on the basis of principles of justice and law. He argues that throughout the last century, established tenets of international law—and particularly the right of self-determination—have been overlooked or ignored in favor of the Zionists and then the Israelis, to the detriment of the Palestinians.

In this volume, Quigley provides a thorough understanding of both sides of the conflict in the context of international law. He contends that the Palestinians have a stronger legal claim to Jerusalem than do the Israelis; that Palestinian refugees should be repatriated to areas including those within the borders of Israel; and that Israel should withdraw from the territory it occupied in 1967. As in his earlier volume, Quigley provides an extensively documented evaluation of the conflict over the last century, discussing the Zionist movement, the League of Nations’ decision to promote a Jewish homeland in Palestine, the 1948 war and creation of Israel, and Israel’s occupation of the West Bank, Gaza Strip, and Golan Heights during the 1967 war.

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Editorial Reviews

From the Publisher

“In this new edition of his classic Palestine and Israel, John Quigley succinctly yet thoroughly covers developments since the first Gulf War of 1991. He shows that by excluding the United Nations and insisting on bilateral peace negotiations between Israel and the Palestinians, Washington diluted the principles of international law—to the ultimate detriment of the parties themselves and of the international community as a whole.”—Richard H. Curtiss, executive editor, Washington Report on Middle East Affairs

“This masterful book comes at a most critical time in the history of the Israeli-Palestinian conflict and of American foreign policy towards the Middle East. It sets forth essential information on the international legal and human rights principles applicable to the Israeli-Palestinian conflict and their relevance to the production of a comprehensive Middle East peace settlement between Israel and Palestine as well as between Israel and the surrounding Arab States. Indeed, there is no way anyone can even begin to comprehend the Israeli-Palestinian conflict and how to resolve it without developing a basic working knowledge of the principles of international law and human rights related thereto. By the end of this book, the reader should be in an excellent position to go out and work for peace with justice for all peoples and states in the Middle East.”—Professor Francis A. Boyle, legal adviser to the Palestinian delegation to the Middle East peace negotiations (1991–93) and to the Syrian delegation during the first round of the Middle East peace negotiations (1991)

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Product Details

  • ISBN-13: 9780822335399
  • Publisher: Duke University Press Books
  • Publication date: 2/28/2005
  • Edition description: Updated Edition
  • Edition number: 2
  • Pages: 360
  • Product dimensions: 5.80 (w) x 8.90 (h) x 0.90 (d)

Meet the Author

John Quigley is President’s Club Professor in Law at Ohio State University. He is the author of several books, including Flight into the Maelstrom: Soviet Immigration to Israel and Middle East Peace and The Ruses for War: American Interventionism since World War II.

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Table of Contents

1 Zionist settlement in Palestine : the British connection 3
2 Zionist-Arab conflict under the British Mandate : the struggle for land 14
3 Things fall apart : the collapse of the British Mandate 23
4 A portrait by Picasso : the UN recommendation of partition 32
5 Chaos on the ground : Palestine in a power vacuum 40
6 Whose land to give? : the UN power over Palestine 47
7 Sten guns and barrel bombs : the realization of the Zionist dream 57
8 Kaftans and yarmulkes : the claim of ancient title to Palestine 66
9 Arab vs. Zionist : war of independence or war of aggression? 73
10 Exodus : the departure of the Palestine Arabs 82
11 To justify a state : Israel as a fact 87
12 The real conquest : the repopulation of Palestine 97
13 The present are absent : the fate of the Arabs' land 105
14 Hewers of wood : Arab commerce, agriculture, and labor 111
15 The national institutions : the legislation that makes Israel Jewish 116
16 Holding the soil : Arab access to land 121
17 The law of ingathering : nationality and citizenship 126
18 Divide and conquer : Arabs in Israel's political system 131
19 Protecting privilege : Arabs and governmental services 138
20 Some are more equal : ethnic distinctions in the law of Israel 145
21 No peace : war always on the horizon 153
22 Mortal danger? : the 1967 Israel-Arab war 161
23 Deja Vu : Israel's control of the West Bank and Gaza 168
24 More land : confiscation and settlements 174
25 More hewers of wood : commerce, agriculture, and labor 182
26 By the sword : the Palestine Arabs' claim of a right to resist 189
27 Guns and stones : resistance by the Palestine Arabs to occupation 198
28 Statehood in the making : Palestine declares independence 209
29 Oslo via Madrid : a turn to peace? 215
30 Talks fail : the sword replaces the pen 220
31 Jerusalem and the settlements : who should stay? 225
32 The displaced : where will they go? 230
33 The way forward : peace or confrontation? 236
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  • Anonymous

    Posted July 13, 2006

    Outstanding study of the Israel-Palestine conflict

    This excellent survey is a new edition of John Quigley¿s 1990 classic, `Palestine and Israel¿. The author, who is Professor of Law at Ohio State University, examines the origins of the Zionist-Arab conflict in Palestine, the League of Nations¿ decision to promote a Jewish homeland in Palestine, the 1948 war and the establishment of Israel, the status of Arabs in Israel, the 1967 war, Israel¿s illegal occupation of the West Bank and the Gaza Strip, and the way to resolve the Palestine-Israel conflict. During and after the 1948 war, Israeli forces drove 780,000 Palestinian Arabs out of the most densely populated areas of Palestine: only 60,000 remained. As the commander of the Palmach, the elite unit of the Israeli army, admitted, ¿We did everything to encourage them to flee.¿ From 1950 onwards, when Palestinians attempted to cross into Israel to attend to their land, Israel repeatedly attacked its Arab neighbours. The UN Security Council condemned these attacks saying, ¿reprisals have proved to be productive of greater violence rather than a deterrent to violence.¿ This remains true right up to today¿s brutal Israeli assaults on Gaza and Lebanon. Mordecai Bentov, who was a cabinet minister when Israel attacked the Arab states in 1967, wrote that Israel¿s `entire story¿ about `the danger of extermination¿ was ¿invented of whole cloth and exaggerated after the fact to justify the annexation of new Arab territories.¿ Quigley attributes the breakdown of negotiations in 2000 to Israel¿s refusal to negotiate on the basis of principles of justice and law. He contends that the Palestinians have a stronger legal claim to Jerusalem than do the Israelis that Palestinian refugees should be repatriated to areas including those within the borders of Israel and that Israel should withdraw from all the territories it occupied in 1967. He argues that throughout the twentieth century and into the twenty-first, Israel and its allies have overridden the basic tenets of international law, particularly the right of self-determination, to the detriment of the Palestinians. He concludes that the conflict can only be ended by establishing a viable Palestinian state.

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