Full Description
In The Legality of a Jewish State, the author traces the diplomatic history that led to the partition of Palestine in 1948 and the creation of Israel as a state. He argues that the fate of Palestine was not determined on the basis of principle, but by the failure of legality. In focusing on the lawyer-diplomats who pressed for and against a Jewish state at the United Nations, he offers an explanation of the effort in 1947-48 by Arab states at the UN to gain a legal opinion from the International Court of Justice about partition and the declaration of a Jewish state. Their arguments at that time may surprise a twenty-first-century reader, touching on issues that are still at the heart of the contemporary conflict in the Middle East.
Contents
Preface; United Nations entities; Abbreviations; Part I. Battalions or Barristers: 1. Why legality?; 2. A land for an absent people; 3. Israel on the agenda; Part II. A Pair of Godfathers: 4. Uncle Joe; 5. Uncle Sam; Part III. A Flight from Justice: 6. Comments for a cause; 7. Dilemma for a don; 8. Swords are crossed; 9. Close calls in the assembly hall; 10. A venue unvisited; Part IV. From the Ashes of War: 11. Did the league of nations covenant violate rights?; 12. Were the wishes of the Palestine population considered?; 13. Did the national home provision violate the League Covenant?; 14. Was Jewish statehood endorsed by the league of nations?; 15. Did the Palestine mandate carry the force of law?; 16. Was Palestine a state?; Part V. Whose State?: 17. Did the Palestine mandate survive the league of nations?; 18. Did the United Nations inherit a power to partition Palestine?; 19. Did the United Nations have a power to partition Palestine?; 20. Was the future government resolution binding?; 21. Was partition of Palestine fair?; Part VI. Jewish Statehood on the ground: 22. Was the declaration of a Jewish state valid?; 23. Was Israel the victim of Arab aggression?; 24. Was Israel liable for the flight of the Palestine Arabs?; 25. Was Israel liable for not repatriating the Palestine Arabs?; 26. Did Israel's territorial advances erode reliance on the future government resolution?; 27. Was Israel a peace-loving state?; Part VII. Legitimacy in the New Century: 28. Israel in the United Nations; 29. Israel as a nation state of the Jewish people; 30. Israel and anti-Semitism; 31. Israel in court?; Select Bibliography; Notes; Index.
