How the Development of the Palestinian State can be Effectively Initiated: Implementing a Plan for a Two-State Solution While Fostering Palestinian Growth and Maintaining a Viable Peace

Chicago-Kent Journal of International and Comparative Law Volume 9 | Issue 1 Article 5 1-1-2009 How the Development of the Palestinian State can be Effectively Initiated: Implementing a Plan for a Two-State Solution While Fostering Palestinian Growth and Maintaining a Viable Peace David F. Pustilnik Dimitra Blitsa Follow this and additional works at: http://scholarship.kentlaw.iit.edu/ckjicl Part of the Law Commons Recommended Citation David F. Pustilnik & Dimitra Blitsa, How the Development of the Palestinian State can be Effectively Initiated: Implementing a Plan for a Two-State Solution While Fostering Palestinian Growth and Maintaining a Viable Peace, 9 Chi.-Kent J. Int'l & Comp. Law (2009). Available at: http://scholarship.kentlaw.iit.edu/ckjicl/vol9/iss1/5 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Journal of International and Comparative Law by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact . Copyright © 2009, Chicago-Kent Journal of International and Comparative Law How the Development of the Palestinian State Can Be Effectively Initiated: Implementing a Plan for a Two-State Solution While Fostering Palestinian Growth and Maintaining a Viable Peace By David F. Pustilnik Copyright © 2009, Chicago-Kent Journal of International and Comparative Law I. Introduction The history of the Palestinian territory is incredibly complex and very rich. This history involves over a century of fighting between two nationalities that lay claim to a common territory. The roots of the conflict go as far back as to the late 19th century, which saw a rise in national movements, including Zionism and Arab nationalism. Zionism, the Jewish national movement established by Hungarian journalist Theodore Herzl, was established as a political movement in 1897, largely as a response to Russian and European anti-Semitism.1 It sought the establishment of a Jewish Nation-State in Palestine (a region known to the Jews by the name of the historical Jewish homeland, Eretz Israel) so that they might find sanctuary and self- determination there.2 Herzl briefly considered other regions, however, quickly came to the realization that Jews would not feel as if they were truly in their homeland unless they were in close proximity to Jerusalem, the holiest Jewish city, and its surroundings. To this end, the World Zionist Organization and the Jewish National Fund encouraged immigration and funded purchase of land, both under Ottoman rule and under British rule, in the region of Palestine.3 After World War I and the dissolution of the Ottoman Empire, Palestine came under the control of the United Kingdom through the Sykes-Picot Agreement and a League of Nations mandate. During this period, the British made contradictory promises to both the Arab and Jewish populations, and tensions between the two groups erupted 1 Return to Zion, Jewish Virtual Library, URL: http://www.jewishvirtuallibrary.org/jsource/Zionism/Return_to_Zion.html 2 Id. 3 Mark Tessler, A History of the Arab-Israeli Conflict 53 (1994). 1 Copyright © 2009, Chicago-Kent Journal of International and Comparative Law into physical violence during the 1920 Palestine riots, the 1921 Palestine riots, the 1929 Hebron massacre and the 1936-1939 Arab revolt in Palestine. The British responded to these outbreaks of violence with the Haycraft Commission of Inquiry, the Shaw Report, the Peel Commission of 1936-1937, and the White Paper of 1939. The Peel Commission proposed a failed partition plan4, while the White Paper established a quota for Jewish immigration set by the British in the shortterm and by the Arab population in the long-term.5 Both Arab and Jewish groups orchestrated violent attacks against the British, such as the 1936–1939 Arab revolt in Palestine, the King David Hotel bombing, and the assassinations of Lord Moyne and Count Bernadotte, in order to pressure the British mandatory government into leaving the territory. This became too much for the British to handle, especially after World War II, which led them to turn the Issue of Palestine over the U.N. In 1947, the U.N. approved the partition of the British Mandate of Palestine, which called for the creation of one Arab state and one Jewish state. The Jewish leadership quickly accepted the plan, which was generally supported by the global Jewish population. On the other hand, Palestinian Arab leaders, influenced by the Arab League, rejected the plan, causing a civil war to ensue. Due to the Civil War, Israel gained momentum and support, and on May 14, 1948 declared its independence. The Egyptian, Lebanese, Syrian, Transjordanian and Iraqi armies all invaded Palestine in response to Israel’s declaration of independence, starting 4 Jewish Virtual Library, The Peel Commission, URL: http://www.jewishvirtuallibrary.org/jsource/History/peel.html 5 Jewish Virtual Library, The British White Paper of 1939, URL: http://www.jewishvirtuallibrary.org/jsource/History/paper39.html 2 Copyright © 2009, Chicago-Kent Journal of International and Comparative Law the 1948 Arab-Israeli War. The war left Israel victorious, allowing Israel to acquire territory beyond the partition borders, but leaving Jerusalem divided. Whatever territory Israel failed to capture was taken over by Egypt, Lebanon, Syria, and Jordan. The war also resulted in the Al-Naqba, meaning the catastrophe, which is how Arabic nations refer to 1948 Palestinian exodus. Decades later, Arab governments still refused to recognize Israel as a sovereign nation and in 1964 the Palestine Liberation Organization (PLO) was founded based on the idea that Palestine, with its original Mandate borders, is the indivisible homeland of the Arab Palestinian people. In response, Israel refused to recognize the PLO as a negotiating partner. Between then and the First Intifada in 1987, multiple wars were fought between Israel and surrounding Arabic nations, such as the 1967 Six Day War and the 1970 Yom Kippur War. The more significant of the conflicts was the 1967 Six Day War, which allowed the Israelis to capture the West Bank away from Jordan and the Gaza Strip from Egypt due to the strength of the Israeli military. The West Bank is now one of the most controversial territories occupied by Israel due to a heated debate between Israelis along with the rest of the international community as to whether Israel has a right to occupy this territory. In 1987, the First Intifada, i.e. the Palestinian uprising against Israeli rule in the occupied territories, officially erupted. The uprising was prevalent in Gaza, the West Bank and East Jerusalem. The Intifada was notorious for its stone-throwing 3 Copyright © 2009, Chicago-Kent Journal of International and Comparative Law demonstrations by Palestinian youth against the heavily-armed Israeli Defense Forces.6 The (...truncated)