Legality of a Jewish State: A Century of Debate over Rights in Palestine

The author of "The Legality of a Jewish State" argues that the fate of Palestine was not determined on the basis of principle but by the failure of legality. He explores the diplomatic history that led to the partition of Palestine and the creation of Israel, focusing on the efforts of Arab states to gain a legal opinion from the International Court of Justice.

Format: Hardback
Length: 300 pages
Publication date: 16 December 2021
Publisher: Cambridge University Press

The author delves into the intricate diplomatic history that culminated in the partition of Palestine in 1948 and the establishment of Israel as a sovereign nation in The Legality of a Jewish State. He contends that the destiny of Palestine was not determined by principles but rather by the failure of legality. By examining the roles of lawyer-diplomats who advocated for and against the creation of a Jewish state at the United Nations, the author provides an insightful explanation of the Arab states' efforts in 1947–48 to seek a legal opinion from the International Court of Justice regarding partition and the declaration of a Jewish state. Their arguments, which address issues that remain central to the contemporary conflict in the Middle East, may astonish a reader of the twenty-first century.

The partition of Palestine in 1948 and the subsequent establishment of Israel as a sovereign nation were the result of a complex and multifaceted series of events. The author of The Legality of a Jewish State, a book that explores the diplomatic history leading up to these events, argues that the fate of Palestine was not determined by principles but rather by the failure of legality.

The author begins by tracing the diplomatic efforts of various countries and organizations to establish a Jewish state in the region. He highlights the role played by lawyer-diplomats, particularly those representing Arab states, in pressing for and against the creation of a Jewish state at the United Nations. These lawyer-diplomats' arguments, which were made in the context of the Cold War and the ongoing struggle for Middle Eastern dominance, are often surprising and thought-provoking, particularly for a twenty-first-century reader.

One of the key arguments made by the lawyer-diplomats was that the partition of Palestine was not a legal matter but rather a political one. They argued that the United Nations had no authority to divide the territory of a sovereign nation and that the partition plan was based on arbitrary lines drawn by British officials. They also pointed out that the proposed Jewish state would be an ethnically homogeneous state, which would violate the principles of self-determination and equality that were fundamental to the United Nations Charter.

Despite these arguments, the partition plan was approved by the United Nations General Assembly in 1947, and Israel was declared a sovereign nation on May 14, 1948. The creation of Israel was met with widespread opposition and violence, particularly from the Arab states and the Palestinian population. The subsequent conflict, which has lasted for more than seven decades, has been characterized by ongoing tensions, political instability, and military clashes.

The Legality of a Jewish State provides a valuable insight into the complex diplomatic history that led to the partition of Palestine and the establishment of Israel. The author's analysis of the roles played by lawyer-diplomats and the arguments they made is insightful and thought-provoking, and his book is a must-read for anyone interested in understanding the ongoing conflict in the Middle East.

In conclusion, The Legality of a Jewish State is a thought-provoking book that delves into the diplomatic history that led to the partition of Palestine in 1948 and the establishment of Israel as a sovereign nation. The author argues that the fate of Palestine was not determined by principles but by the failure of legality, and his analysis of the roles played by lawyer-diplomats and the arguments they made is insightful and thought-provoking. The book is a must-read for anyone interested in understanding the ongoing conflict in the Middle East.

Weight: 660g
Dimension: 160 x 235 x 28 (mm)
ISBN-13: 9781316519240