The Case for Palestine: An International Law Perspective

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Duke University Press, 2005 - History - 344 pages
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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 twentieth century and into the twenty-first, 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. Quigley 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. Quigley's argument is not narrowly pro-Palestinian. He believes that Israel should exist, and in his analyses of the contentions on both sides of the conflict, the Palestinians do not escape critique. What Quigely asserts is absolutely vital to the achievement of peace and security is what he provides here: an understanding of the role international law has or-more accurately-has not played in the conflict over the last century.
 

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Contents

The British Connection
3
The Struggle
14
The Collapse of the British Mandate
23
The UN Recommendation
32
Palestine in a Power Vacuum
40
Whose Land to Give? The UN Power over Palestine
47
The Realization of the Zionist
57
The Claim of Ancient Title
66
Arab Commerce Agriculture and Labor
111
Arab Access to Land
121
Arabs and Governmental Services
138
War Always on the Horizon
153
Israels Control of the West Bank and Gaza
168
Commerce Agriculture
182
Resistance by the Palestine Arabs
198
A Turn to Peace?
215

War of Independence or War
73
The Departure of the Palestine Arabs
82
The Repopulation of Palestine
97
The Fate of the Arabs Land
105
Notes
239
Index
333
Copyright

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About the author (2005)

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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