The Case For Palestine

by
Edition: 2nd
Format: Hardcover
Pub. Date: 2005-02-01
Publisher(s): Duke Univ Pr
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Summary

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.

Author Biography

John Quigley is Professor, College of Law, and Adjunct Professor, Department of Political Science, The Ohio State University.

Table of Contents

Acknowledgments ix
Preface to the Second Edition xi
Part One Origins of the Zionist-Arab Conflict in Palestine
Zionist Settlement in Palestine: The British Connection
3(11)
Zionist-Arab Conflict under the British Mandate: The Struggle for Land
14(9)
Things Fall Apart: The Collapse of the British Mandate
23(9)
A Portrait by Picasso: The UN Recommendation of Partition
32(8)
Chaos on the Ground: Palestine in a Power Vacuum
40(7)
Whose Land to Give? The UN Power over Palestine
47(10)
Part Two The 1948 War and the Establishment of Israel
Sten Guns and Barrel Bombs: The Realization of the Zionist Dream
57(9)
Kaftans and Yarmulkes: The Claim of Ancient Title to Palestine
66(7)
Arab vs. Zionist: War of Independence or War of Aggression?
73(9)
Exodus: The Departure of the Palestine Arabs
82(5)
To Justify a State: Israel as a Fact
87(10)
Part Three The Status of Arabs in Israel
The Real Conquest: The Repopulation of Palestine
97(8)
The Present Are Absent: The Fate of the Arabs' Land
105(6)
Hewers of Wood: Arab Commerce, Agriculture, and Labor
111(5)
The National Institutions: The Legislation That Makes Israel Jewish
116(5)
Holding the Soil: Arab Access to Land
121(5)
The Law of Ingathering: Nationality and Citizenship
126(5)
Divide and Conquer: Arabs in Israel's Political System
131(7)
Protecting Privilege: Arabs and Governmental Services
138(7)
Some Are More Equal: Ethnic Distinctions in the Law of Israel
145(8)
Part Four The 1967 War, the West Bank, and the Gaza Strip
No Peace: War Always on the Horizon
153(8)
Mortal Danger? The 1967 Israel-Arab War
161(7)
Deja Vu: Israel's Control of the West Bank and Gaza
168(6)
More Land: Confiscation and Settlements
174(8)
More Hewers of Wood: Commerce, Agriculture, and Labor
182(7)
By the Sword: The Palestine Arabs' Claim of a Right to Resist
189(9)
Guns and Stones: Resistance by the Palestine Arabs to Occupation
198(11)
Part Five Resolution of the Palestine-Israel Conflict
Statehood in the Making: Palestine Declares Independence
209(6)
Oslo via Madrid: A Turn to Peace?
215(5)
Talks Fail: The Sword Replaces the Pen
220(5)
Jerusalem and the Settlements: Who Should Stay?
225(5)
The Displaced: Where Will They Go?
230(6)
The Way Forward: Peace or Confrontation?
236(3)
Notes 239(94)
Index 333

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