Partitioning Palestine : Legal Fundamentalism in the Palestinian-Israeli Conflict

Law lies at the heart of the Palestinian-Israeli conflict Israel's creation was rooted in the need for a Jewish homeland, as enshrined in 'public law'. Palestinian rights to return to their homes and livelihoods are also established in law.John Strawson argues that legal tools are being used to undermine Palestinian self-determination. His chronological account of modern Palestinian history shows that the League of Nations and the United Nations are responsible for developing a legal framework which marginalises the Palestinian people.The book focuses on three key moments in the conflict: the League of Nations Mandate, the United Nations partition plan and the Oslo agreements. None of these documents are neutral but rather encode a variety of meanings. The book traces the way in which these legal narratives have shaped national identity. Law, far from offering conflict resolution, has reinforced the trenches from which Palestinians and Israelis confront each other. Law lies at the roots of the Palestinian-Israeli conflict. Jews sought a national home by 'Public Law' while Palestinians reject the project as illegal. Britain, the League of Nations and the United Nations all mobilised international law to justify their interventions. After the 1967 war, Israel organised an occupation with excessive legalism that most of the world viewed, in fact, as illegal.

Partitioning Palestine focuses on three key moments in the Palestinian-Israeli conflict: the League of Nations Mandate, the United Nations partition plan and the Oslo agreements. None of these documents are neutral but, rather, encode a variety of meanings. The book traces the way in which these legal narratives have both shaped national identity and sharpened the conflict.

In this pioneering text, John Strawson argues that a committed attachment to the belief in legal justice has hampered the search for a settlement. Law, far from offering conflict resolution, has reinforced the trenches from which Palestinians and Israelis confront one another. Partitioning Palestine......Page 4 Contents......Page 8 Acknowledgments......Page 10 Introduction......Page 12 1. Making Palestine:Mapping the Middle East......Page 19 2. Mandate Palestine......Page 53 3. The United Nations Partition Plan......Page 82 4. Law for War......Page 114 5. Partition by Force......Page 141 6. From Mutual Denial to Mutual Recognition......Page 162 7. Negotiating Palestine......Page 194 Notes......Page 227 Bibliography......Page 247 Index......Page 254 John Strawson argues here that legal tools are being used to undermine Palestinian self-determination. Through a chronological account of modern Palestinian history, he contends that the League of Nations and the UN are responsible for developing a legal framework which marginalizes the Palestinian people Argues that the plight of Palestine remains a colonial issue, and that legal tools are used to undermine Palestinian self-determination. John Strawson. Includes Bibliography (p. 236-242) And Index.