The dispute over Palestine is a political one but it is conducted within a legal framework. From the outset – the notorious Partition Plan contained in General Assembly Resolution 181(II) - international law has played an important role in the dispute. Today, the dispute is probably more characterized by legal argument than at any time before. It is, therefore, appropriate to consider the dispute in legal terms, as we shall be doing in this Conference.
Since the declaration of the state of Israel over sixty years ago Israel has consistently been in violation of international law. Over the years it has violated – and is still violating- some of the most fundamental norms of international law. It has been held to be in violation of international law by the Security Council, the General Assembly, the Human Rights Council, human rights treaty monitoring bodies and the International Court of Justice. In this respect it resembles apartheid South Africa which for over forty years violated international law by practicing racial discrimination, engaging in political repression, manufacturing nuclear weapons and carrying out military offensives against its neighbours. But there the similarity ends.
The continued expansion of Israeli settlements in the West Bank seems to have finally locked in the permanence of Israel's colonial project. Israel has crossed the threshold from the Middle East's only democracy to the only "apartheid regime" in the Western world. But outside intervention may offer the last hope for a reversal of the settlement enterprise and the achievement of a two-state solution to the Israel-Palestine conflict. Since the US is no longer the likely agent of that intervention, it is up to the Europeans and to the Palestinians themselves to fashion the path to selfdetermination in the occupied territories. Essential to the success of these efforts is setting aright the chronic imbalance of power between Israel and the Palestinians. If left to their own devices – including, as some have proposed, to reconcile their conflicting historical "narratives" – the further usurpation of Palestinian lands, and the disappearance of the two state option, is all but ensured.
By Chas Freeman
Below is a presentation by Chas Freeman to staff of the Royal Norwegian Ministry of Foreign Affairs, and, separately, to the Norwegian Institute of International Affairs. The presentation was made on the 1 September 2010, the day before US-sponsored talks between Israelis and the Palestinian Authority began in Washington.
By Afro-Middle East Centre
The 31 March agreement between Palestinian Authority President Mahmud Abbas and Jordan’s King Abdullah II, in which the two leaders expressed their ‘common goal to defend’ the many holy sites in East Jerusalem from the continued threat of Judaisation may be the first step in initialising a radical alteration in the nature and proposed solution to the current Israeli-Palestinian conflict.
By Aisling Byrne
"Sincerely speaking," said General Dayton, "as far I am concerned, Hamas is a political issue. I do not interfere in this matter." He continued: "I would appreciate if you do not ask me political questions because, as a soldier, I do not speak in politics." Such innocuous protests from General Dayton – who, since 2005, has been the US Security Coordinator for the Palestinians – are untrue: Dayton is a political actor who essentially is overseeing and facilitating a process of political cleansing in the West Bank, the consequences of which are damaging, if not disastrous, for the Palestinian national project, for political reconciliation between Fatah and Hamas, and for political engagement and prospects for peace. In essence, Dayton's work serves to enforce Israel's occupation, even if this is not its explicit intention.