12 Jul 2022

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The Creation of Israel and Israeli Settlement in Palestine

Format: APA

Academic level: University

Paper type: Case Study

Words: 729

Pages: 2

Downloads: 0

The Dispute between Israel and Palestine is a special case as it is one the longest territorial dispute witnessed in the contemporary world. It is over seven decades since the United Nations Resolution 181 established both the Jewish State and the Arab State. Continued violation of these resolution has seen the two sides engage in fierce territorial wars that have deeply affected the economic, political, and social life of the region. 

According to UN Resolution 181, what are the rights of Arabs in Israel and what are the rights of Palestinians in Israel? 

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The United Nations Resolution 181 established important rights for both Arabs in Israel and Palestinians in Israel. In regard to citizenship, the resolution stipulated that Palestinians as well as Jews and Arabs residing in the proposed Jewish and Arab states outside the city of Jerusalem where to become the full-fledged citizens of the respective states upon their independence with full political and civil rights. The resolution also provided for the freedom to worship and prohibited all kinds of discrimination by language, sex, religion or race. Everyone with a States jurisdiction was protected by the law, and both family laws and personal status were to be respected. The resolution also prohibited any expropriation of land owned by a Jew in the Arab State and vice versa unless it was for a public purpose. In such cases, full compensation as was to be offered as stipulated by the court. 

Are the resulting conflicts religious, economic, territorial, or a combination of these? 

The resulting conflict in this region is not an isolated event but a combination of religious, economic, and territorial issues. Both Judaism and Islam have strong stipulation when it comes to land conquest and occupation. Both regions call for complete control of the land which can only be achieved by entirely evicting the Palestinian Arabs or the Jews from the region ( Beinin, and Hajjar, 2018 ). Any attempts to invade the land owned by the two sides have been viewed as a religious war that both religions stipulate should be fought by all means even at the expense of one’s life ( Beinin, and Hajjar, 2018 ). Political struggles, as well as external influence from foreign countries, have escalated the conflict. The Palestinian Arabs have declined any negotiation agreement that does not meet the bare minimum established by the international law. Both sides have maintained unwavering claims over holy sites in Jerusalem, and none of them is willing to concede to the other. On its part, Israel has opted for stalemate as the cost of resolving the issue would be extremely expensive. Any peace agreement that would lead to a concession to Palestinian’s bare minimums risks massive and violent rebellion by Jewish settlers as well as their supporters. 

Is the practice of creating Israeli settlements in Palestine illegal? 

The practice of creating Israeli settlements in Palestine is illegal. As Dr. Ashrawi’s states, Israel is more committed to settlement expansion than to peace. Israel has over the years justified the construction of the settlements by claiming that West Bank, as well as the Gaza strip, are not technically ‘occupied’ since they never fell under the sovereignty of any state. However, the settlements are a violation of the 1949 Fourth Geneva Convention and other international laws that regulate military occupation of other state’s territories ( Thrall, 2017 ). The United Nations Resolution 181 forbids expropriation of land, yet Israel has constructed these settlements in expropriated private lands owned by the Palestine. Despite Israel’s open violation of international law, the United States and the international community has remained relatively quiet. Since the Carter administration in 1980, the United States has refrained from referring the settlement as illegal. Instead, it has been calling them illegitimate up until President Trump’s administration, which has supported Israel actions by recognizing Jerusalem as the Capital city of Israel ( Thrall, 2017) . The international relationships have as well remained unaffected. In 2016, a United Nations Security Council stipulated that the settlement had no legal validity and were a violation of international laws. Nevertheless, like past resolutions on Israel adopted under UN Charter’s Chapter VI, this resolution is not legally binding. 

Conclusion 

The Israel-Palestine war has raged for over seven decades resulting in severe suffering, deaths, and instability in the region. Resolving the conflict is a challenge as it is religious, economic and territorial. Israel continues to construct illegal settlement in Palestinian land, while the international community does nothing to hold Israel accountable for its violation of international law. A lasting solution is needed and can only be established by devising an agreement that strikes a balance between the underlying issues of both sides. 

References 

A/RES/181(II) of 29 November 1947. (n.d.). Retrieved November 29, 2018, from https://unispal.un.org/DPA/DPR/unispal.nsf/0/7F0AF2BD897689B785256C330061D253

Beinin, J., & Hajjar, L. (2018).  A primer on Palestine, Israel and the Arab-Israeli Conflict [Ebook] (pp. 1-12). Middle East Research and Information Project. Retrieved from https://www.merip.org/primer-palestine-israel-arab-israeli-conflict-new

September 28, 2017: Dr. Ashrawi: "Israeli Prime Minister Benjamin Netanyahu is more committed to settlement expansion than to peace." (2017). Retrieved November 29, 2018, from http://www.dci.plo.ps/en/article/6672/September-28

Thrall, N. (2017, May 16). Israel-Palestine: The real reason there's still no peace. Retrieved November 29, 2018, from https://www.theguardian.com/world/2017/may/16/the-real-reason-the-israel-palestine-peace-process-always-fails

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StudyBounty. (2023, September 16). The Creation of Israel and Israeli Settlement in Palestine.
https://studybounty.com/the-creation-of-israel-and-israeli-settlement-in-palestine-case-study

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