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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 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 ix
Preface to the Second Edition xi
Part One: Origins of the Zionist-Arab Conflict in Palestine
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
Part Two: The 1948 War and the Establishment of Israel
7. Stun Guns and Barrel Bombs: The Realization of the Zionist Dream 57
8. Kaftans and Yarmulkes: The Claim to 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
Part Three: The Status of Arabs in Israel
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: 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
Part Four: The 1967 War, the West Bank, and the Gaza Strip
21. No Peace: War Always on the Horizon 153
22. Mortal Danger? The 1967 Israel-Arab War 161
23. Déjà 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
Part Five: Resolution of the Palestine-Israel Conflict
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
Notes 239
Index 333
