A comprehensive legal study of the Arab-Israel conflict and the Palestinian question during the 20th century.
The Work
About the Book
Published 1997 · First Edition
ISBN: 0 86372 222 9
British Library catalogued
Palestine and the Law is a comprehensive study of the international legal principles and framework concerning the question of Israel and Palestine. Written by the renowned public international lawyer, Professor Musa Mazzawi, and published in 1997, the book provides legal guidelines for the resolution of the conflict.
It covers in detail the period from ancient times until the Oslo Accords of 1993, focusing on the origins of the conflict, the Mandate system for Palestine, the validity of the UN Partition Resolution and the continuing role and status of the United Nations in relation to Palestine.
The book also considers the status of Jerusalem — designated by the UN in the Partition Resolution as a special international zone or corpus separatum — given its significance to three major world religions.
The book makes the legal case for the continuing validity of the UN Partition Resolution; interpreting UN Resolution 242 to support Israel's withdrawal from the occupied territories; the Palestinians' right to self-determination; and the extent of the right of return for Palestinian refugees.
Grounded in a rigorous analysis of the law, the book draws on detailed contemporaneous source material, including records, interpretations and policy emanating from the UK and US governments, members of the United Nations Security Council and the founders of the State of Israel.
Palestine and the Law has drawn praise for its extensive analysis of, and adherence to, the legal position and its avoidance of political argumentation. It remains an invaluable resource for anyone seeking a deeper understanding of the legal dimensions of the Arab-Israel conflict.
Core Legal Questions
Key Themes
The UN Partition Resolution
The continuing validity of Resolution 181 (II) and its legal force as the basis for both states.
The Mandate System
The legal status of Palestine under the British Mandate and the United Nations' assumption of trustee responsibilities.
Jerusalem & Corpus Separatum
The internationally designated special status of Jerusalem under the Partition Resolution, significant to three world religions.
Right of Self-Determination
The inalienable rights of the Palestinian people, enshrined in the UN Charter and multiple General Assembly resolutions.
The Right of Return
Over 100 UN resolutions reaffirm the right of displaced Palestinians to return to their homes or receive compensation.
UN Security Council Res. 242
Requiring Israeli withdrawal from territories occupied in 1967 — a detailed analysis of contested interpretations.
Professor Musa E. Mazzawi
LL.M, Ph.D (London)
The Author
About the Author
Formerly Dean of the Faculty of Law at what is now the University of Westminster, Professor Mazzawi was widely recognised as one of the leading legal scholars on the topic of Israel-Palestine.
Professor Mazzawi was born in Palestine and came to the UK to study law, subsequently taking a PhD in international law and practising at the Bar as a member of Gray's Inn. He advised numerous governments and state institutions on issues relating to their constitutions, territorial rights and other public international law matters.
He was the author of numerous publications on the issue in addition to "Palestine and the Law", and also on the question of Rhodesia. His views on the Middle East and the application of international law were frequently sought out in UK and international radio and television current affairs programmes.
The publication of this study in 1997 reflected the author's fervent hope that the clarification of the relevant legal principles and the resort to the law for resolving the dispute would lead to a just and lasting peace in the Middle East.
19 Chapters · 8 Appendices
Explore the Complete Study
From ancient history through to the Oslo Accords of 1993 — each chapter provides a rigorous analysis of the legal principles governing the Israel-Palestine conflict.