The Case for Palestine

An International Law Perspective

Author: Quigley, John
Publisher: Duke University Press
ISBN: 9780822335276
eISBN Pdf: 9780822386766
Place of publication: Durham , United States
Year of digital publication: 2005
Month: February
Pages: 360
DDC: 956.04
Language: English

Caption

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.

Contents
Acknowledgments
Preface to the Second Edition
Part One: Origins of the Zionist-Arab Conflict in Palestine
- 1. Zionist Settlement in Palestine: The British Connection
- 2. Zionist-Arab Conflict under the British Mandate: The Struggle for Land
- 3. Things Fall Apart: The Collapse of the British Mandate
- 4. A Portrait by Picasso: The UN Recommendation of Partition
- 5. Chaos on the Ground: Palestine in a Power Vacuum
- 6. Whose Land to Give? The UN Power over Palestine
Part Two: The 1948 War and the Establishment of Israel
- 7. Sten Guns and Barrel Bombs: The Realization of the Zionist Dream
- 8. Kaftans and Yarmulkes: The Claim of Ancient Title to Palestine
- 9. Arab vs. Zionist: War of Independence or War of Aggression?
- 10. Exodus: The Departure of the Palestine Arabs
- 11. To Justify a State: Israel as a Fact
Part Three: The Status of Arabs in Israel
- 12. The Real Conquest: The Repopulation of Palestine
- 13. The Present Are Absent: The Fate of the Arabs' Land
- 14. Hewers of Wood: Arab Commerce, Agriculture, and Labor
- 15. The National Institutions: The Legislation That Makes Israel Jewish
- 16. Holding the Soil: Arab Access to Land
- 17. The Law of Ingathering: Nationality and Citizenship
- 18. Divide and Conquer: Arabs in Israel's Political System
- 19. Protecting Privilege: Arabs and Governmental Services
- 20. Some Are More Equal: Ethnic Distinctions in the Law of Israel
Part Four. The 1967 War, the West Bank, and the Gaza Strip
- 21. No Peace: War Always on the Horizon
- 22. Mortal Danger? The 1967 Israel-Arab War
- 23. Deja Vu: Israel's Control of the West Bank and Gaza
- 24. More Land: Confiscation and Settlements
- 25. More Hewers of Wood: Commerce, Agriculture, and Labor
- 26. By the Sword: The Palestine Arabs' Claim of a Right to Resist
- 27. Guns and Stones: Resistance by the Palestine Arabs to Occupation
Part Five. Resolution of the Palestine-Israel Conflict
- 28. Statehood in the Making: Palestine Declares Independence
- 29. Oslo via Madrid: A Turn to Peace?
- 30. Talks Fail: The Sword Replaces the Pen
- 31. Jerusalem and the Settlements: Who Should Stay?
- 32. The Displaced: Where Will They Go?
- 33. The Way Forward: Peace or Confrontation?
Notes
Index