The Palestinian Right of Return Under International Law

by Francis A. Boyle

Overview

The just resolution of the Palestinian right of return is at the very heart of the Middle East peace process. Nonetheless, the Obama administration intends to impose a comprehensive peace settlement upon the Palestinians that will force them to give up their well-recognized right of return under United Nations General Assembly Resolution 194(III)) of 1948; accept a Bantustan of disjointed and surrounded chunks of territory on the West Bank in Gaza; and even expressly recognize Israel as the Jewish State, as newly demanded by Benjamin Netanyahu. All this will fail for the reasons so powerfully and eloquently stated in this book. For the past three decades, Francis A. Boyle has provided the leadership of the Palestinian people with advice, counsel, and representation at all stages of the Middle East Peace Process. Here, he elaborates what the Palestinians must now do to realize their international legal right of return, in keeping with his startling perception of Israel as itself nothing more than a Jewish Bantustan bound for failure. While an enormous amount of scholarly literature has been generated affirming the Palestinian right of return under international law, none is as authentic, powerful, personal, or convincing.

Product Details

ISBN-13:	9780932863966
Publisher:	SCB Distributors
Publication date:	04/01/2011
Sold by:	Barnes & Noble
Format:	eBook
File size:	2 MB

About the Author

FRANCIS A. BOYLE is a leading American expert in international law. He was responsible for drafting the Biological Weapons Anti-Terrorism Act of 1989, the American implementing legislation for the
1972 Biological Weapons Convention,
served on the Board of Directors of Amnesty International USA and represented Bosnia-Herzegovina at the World Court. He served as legal adviser to the
Palestine Liberation Organization on the Palestinean Delegation to the Middle East peace negotiations from 1991 to 1993. In 2007, he delivered the Bertrand Russell Peace Lectures.

Read an Excerpt

In fact, "Israel” has never been anything but a Bantustan for Jews set up in the Middle East after the Second World War by the genocidal racist Western colonial/imperial powers who wished to severely limit the inflow of Jewish war refugees into their own states. Their intent was rather to force them to serve as Western imperialism's attack dog and genocidal enforcer against the Arab and Muslim world by locating them in Palestine, which has functioned as the strategically critical geographical crossroads of the Middle East ever since the Roman, Alexandrian, and Egyptian Empires. From the very moment of Western imperialism's genocidal conception of creating the client state of Israel by means of their Partition Resolution of 1947 and the Nakba of 1948, Israel has always functioned as a Bantustan for the Jews.

Israel would have never come into existence without the support of the Western colonial imperial powers throughout the twentieth century. In specific regard to the 1948 Nakba, "Israel” has never been a State but just a gang of terrorists masquerading as a state-a Potemkin Village of a State-which is a good definition for a Bantustan. And the same principle still holds true today. Without the political, economic, diplomatic, and military support provided primarily by the United States, and to a lesser extent by Britain, France, and Germany, Israel would immediately collapse. As a matter of fact, as long ago as October 1973, Israel would have collapsed without the support of the United States during the so-called Yom Kippur War. Nothing has changed during the interim. As recently as October 21, 2010, Israeli President Shimon Peres publicly stated at a press conference in Jerusalem that Israel could not even exist without the assistance of the United States. And as the American Empire rapidly and inevitably continues its decline into decrepitude, so too the Jewish Bantustan will necessarily and pari passu plummet toward dissolution.

Table of Contents

Introduction 15

Chapter 1 The Palestinian Right of Return Dr. Hanan Ashrawi 19

Chapter 2 The Palestinian Right of Return Dr. Haidar Abdul Shaffi 43

Chapter 3 The Impending Collapse of Israel in Palestine 57

Existing Recognition of the State of Palestine

Palestinian Recognition of the 1947 U.N. Partition Resolution

Recognizing "the Jewish State"

The State of the Jews-Jewistan!

Israel as a Jewish Bantustan

Foreseeing the Jewish Bantustan's Collapse

An Analogue: The Collapse of Yugoslavia

Waging Lawfare

Boycott/Divestment Power

Another "Ism" to Bite the Dust

Zionism Fatigue

Endgame: Sign Nothing, Win It All!

Appendix 1 Palestine, Palestinians, and International Law 69

Appendix 2 Trying to Stop Aggressive War and Genocide Against the People and the Republic of Bosnia and Herzegovina 103