A Guide to the Microfilm Edition of

Confidential
U.S. State Department
Central Files

PALESTINE
United Nations Activities,
1945-1949

UNIVERSITY PUBLICATIONS OF AMERICA

A Guide to the Microfilm Edition of

Confidential
U.S. State Department
Central Files

PALESTINE
United Nations Activities,
1945-1949
Decimal Numbers
501.BB Palestine and 501 .MA Palestine

Edited by
Paul L. Kesaris
Guide compiled by
Nanette Dobrosky

A microfilm project of
UNIVERSITY PUBLICATIONS OF AMERICA
An Imprint of CIS
44 North Market Street • Frederick, MD 21701
Library of Congress Cataloging-in-Publication Data

Confidential U.S. State Department central files.

Palestine [microform].
The documents are from Record Group 59, General
Records of the Department of State."
Accompanied by a printed reel guide, compiled by
Nanette Dobrosky.
Includes index.
1. Palestine-History-Partition, 1947--Sources.
2. Israel-Arab War, 1948-1949--Sources. 3. Refugees,
Arab--History-Sources. 4. United Nations-Palestine--
History-Sources. I. Dobrosky, Nanette, 1956- .
II. United States. Dept. of State. III. University
Publications of America.
[DS126.4] 956.94'05 88-37864
ISBN 0-89093-967-5 (microfilm)

Copyright © 1987 by University Publications of America.

All rights reserved.
ISBN 0-89093-967-5.
 TABLE OF CONTENTS
Declassification Notice for Users of This Publication iv

Introduction v

Note on Sources '. vii

Editorial Note vii

Organization of the Department of State's Decimal

Filing System viii

Synopsis xi

Chronology of Major Events in Palestine, 1945-1949 1

Reel Index

Reels 1-13
UN General Assembly Special Committee on Palestine 83
Reel 14
UN General Assembly Special Committee on
Palestine cont , 87
International Refugee Organization—Palestine 87
National Archives
Washington, DC 204O8

DECLASSIFICATION NOTICE FOR USERS OF THIS PUBLICATION

Documents in this microfilm publication were declassified by

appropriate authorities of the Federal Government in accordance
with the provisions of current Executive orders. Copies of
documents bearing national security classification markings
which are reproduced from this publication should be labeled as
follows:
DECLASSIFIED
E.O. 11652 or E.O. 12356
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Documents determined to contain still sensitive national
security classified Information were withdrawn prior to the time
of filming. Any withdrawn document is briefly described on a
•Withdrawal Notice" filed and filmed in its place. Some
withdrawn documents may have been reviewed again, declassified
and released to the public subsequent to the preparation of this
publication. Inquiries about such releases should be addressed
to:
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National Archives and Records Administration
Washington, DC 20408

\~tuu6f. ify"*£Asr*J> rxZf^r*.^

TRUDY HUSKAMP PETERSON
Acting Assistant Archivist
for the National Archives
 INTRODUCTION
The documents in this microfilm collection have been obtained by Univer-
sity Publications of America (UPA) from the Central Files of the General
Records of the Department of State, Record Group 59. These records are
under the jurisdiction of the Legislative and Diplomatic Branch of the Civil
Archives, National Archives and Records Administration, Washington, D.C.,
where they are housed. UPA has published these records in cooperation with
the National Archives.
The Central Files of the General Records of the Department of State
contain the bulk of the records accessed in Record Group 59—some 82
percent of this record group according to a National Archives estimate. The
Central Files contain all instructions sent to and all correspondence received
from diplomatic posts abroad by the Department of State. In addition, most of
the State Department's internal documentation, as well as correspondence
between the Department and other federal departments and agencies, Con-
gress, and private individuals and organizations, are included in the Central
Files.
The records filmed from the Central Files for this collection are from the
"International Conferences, Multilateral Treaties, Disarmament, League of
Nations, United Nations, and Interparliamentary Union" subject classification
of the Central Files. They include telegrams, airgrams, instructions, inquiries,
studies, memoranda, situation reports, translations, special reports, plans,
and official and unofficial correspondence.
These documents illuminate the UN's involvement in Palestine from 1945
to 1949. Because of the broad scope of these records, they both supplement
and complement the coverage offered by the Department of State's own
Foreign Relations of the United States series.
This collection has been microfilmed directly from the records held at the
National Archives, Washington, D.C. As such, the records reproduced herein
represent the best available copies. UPA is proud to make this collection
available for your research.
To provide background information on the material covered in this collec-
tion, a chronology of events in Palestine for the years 1945-1949 has been
included.
 NOTE ON SOURCES
The documents in this publication are from Record Group 59, Records of
the Department of State, Central Files: Palestine: United Nations Activities,
1945-1949. The decimal numbers microfilmed include 501 .BB and 501 .MA.
These documents can be found at the National Archives, Washington, D.C.

EDITORIAL NOTE
University Publications of America (UPA) has microfilmed these files in
their entirety. Only duplicate copies of documents have been excluded from
this micropublication. UPA has filmedthesedocuments as they are filed at the
National Archives.
 ORGANIZATION OF THE DEPARTMENT OF STATE'S
DECIMAL FILING SYSTEM

From 1910 to 1963 the Department of State used a decimal classification

system to organize its Central Files. This system assembled and arranged
individual documents according to their subject with each subject having been
assigned a specific decimal code.
The decimal system from 1930 to 1949 consists of nine primary classifi-
cations numbered 0 through 8, each covering a broad subject area.

CLASS 0: General. Miscellaneous.

CLASS 1: Administration, U.S. Government, including the Department

of State and the Foreign Service.

CLASS 2: Extradition. The negotiation, application, and interpretation of

extradition treaties and individual extradition cases.

CLASS 3: Protection of Interests. The protection of private and national

interests.

CLASS 4: Claims. The negotiation, application, and interpretation of

treaties on claims and individual claims cases.

CLASS 5: International Conferences, Multilateral Treaties, Disarmament,

League of Nations, United Nations, and Interparliamentary
Union.

CLASS 6: Commerce, Customs Administration, and Trade Agreements.

CLASS 7: Political Relations of States, including diplomatic and consular

representation and bilateral treaties, conventions, and
agreements.

CLASS 8: Internal Affairs of States.

 For this publication, University Publications of America (UFA) has micro-
filmed the documents contained in CLASS 5. Within this class each subject
is defined by a decimal file number. The decimal file number is followed by a
slant mark (/). The number after the slant (/) refers to the date on which the
document was generated. Documents within each decimal file number are
arranged in chronological order. The entire decimal file number is stamped on
the right side of the first page of every document.
 SYNOPSIS
In World War I, the British, with Arab aid, gained control of Palestine. In the
Balfour Declaration of 1917, they promised Zionist leaders aid in the establish-
ment of a Jewish "national home" in Palestine, with due regard for the rights
of non-Jewish Palestinians. The British also promised Arab leaders to support
the creation of independent Arab states. The Arabs believed Palestine to be
among these, an intention the British later denied. The League of Nations
approved the British mandate in 1922, although the actual administration of
the area had begun in 1920.
The struggle by Jews for a Jewish state in Palestine had begun in the late
nineteenth century; the militant opposition of the Arabs to such a state and the
inability of the British to solve the problem led eventually to a session of the
General Assembly of the United Nations in April 1947, which established the
United Nations Special Committee on Palestine (UNSCOP). In August of that
year, UNSCOP reported a plan to divide Palestine into a Jewish state, an Arab
state, and a small internationally administered zone that would include
Jerusalem. The necessary two-thirds majority of the General Assembly, led
by the United States and the USSR, adopted the UNSCOP recommendations
on November 29, 1947. Great Britain abstained, and the Arabs left the
meeting, asserting their intention to resist.
On May 14, 1948, when the British high commissioner for Palestine
departed, the state of Israel was proclaimed at Tel Aviv. On the same day, it
received the de facto recognition of the United States and was invaded by the
regular armies of the Arab states of Lebanon, Syria, Jordan, Egypt, and Iraq.
The Jews were prepared, however, and the flight of most Palestinian Arabs
from Jewish territory facilitated defense. The next day, the British control of
Palestine officially ended.
A four-week truce went into effect June 11, but fighting resumed on July
9. A second cease-fire was concluded on July 18 on order of the UN Security
Council. Not until January 1949 were armistice agreements reached.
Israel had quickly developed its own governmental structure. A state
council with Chaim Weizmann as president and David Ben-Gurion as prime
minister functioned in Tel Aviv as a result of the January 1949 elections. The
government received recognition from Great Britain and de jure recognition
from the United States. On May 11, Israel was admitted to the United Nations.
The Israeli claim to Jerusalem was strengthened by the removal of the capital
to that city on December 14,1949.
The chronology of major events in Palestine from 1945 through 1949 that
follows reflects the materials the researcher will find in this microfilm publica-
tion. An index to the microfilm, broken down by month, starts on page 83, and
permits the user access not only to the documents highlighted in the chronol-
ogy, but also to many others that enhance the depth and scope of this
collection.
Abbreviations included in this guide are as follows:

RAF Royal Air Force

UN United Nations
UNRPR United Nations Relief for Palestine Refugees
UNRRA United Nations Relief and Rehabilitation Administration
UNSCOP United Nations Special Committee on Palestine
USAF United States Air Force
 CHRONOLOGY OF
MAJOR EVENTS IN PALESTINE
1945-1949

1945
January 10. Two Jews from Tel Aviv and Haifa, both cities in Palestine, go on
trial for premeditated murder (November 6,1944) of Lord Moyne, resident
British minister in Middle East. Murder inspired by Stern group. refer pg 119
February 14. Arab leaders hold conference to plan federation.
March 21. High commissioner Viscount Gort announces that office of mayor
will be filled in rotation by Moslem, Jewish, and Christian councilors.
March 22. Final draft of constitution of Arab League is signed. Representa-
tive of Palestinian Arabs cannot sign (Palestine is not a state), but can vote.
Assassins of Lord Moyne are hanged.
April 25. San Francisco Conference begins; purpose is to set up United
Nations.
May 7. Grand mufti of Jerusalem Haj Amin el Husseini, responsible for Arab
terrorist activities, is deported to France.
May 8. Germany surrenders to Allies.
June 18. Jewish Agency applies to Palestine government for allocation of
100,000 immigrants who are Jewish survivors in Europe.
June 26. San Francisco Conference ends.
July. In Britain Labour party is in power. Clement R. Attlee becomes prime
minister and Ernest Bevin becomes foreign minister.
July 11. Palestinian High Commission announces appointment of five British
officials to head Jerusalem's administration in place of municipal council.
July 15. Foreign Policy Association in Washington, D.C., releases report
suggesting internationalization of Palestine as part of long-range program to
settle Middle East problems.
July 18. Senator Ralph O. Brewster (Maine) and Congressman Emanuel
Celler (New York) send letter to President Truman urging him to insist that
Palestine be opened for immigration.
August 1. First worldwide Zionist Conference since 1939 is held. Chaim
Weizmann, head of Jewish Agency, asks UN to recognize establishment of
a Jewish state in Palestine.
Chronology— 1945

August 2. Arab.leaders warn British prime minister Clement R. Attleethat any

solution to the Palestine problem not acceptable to the Arabs will threaten
peace of Palestine.
August 8. Five-point plan for future submitted to worldwide Zionist Confer-
ence.
August 13. Worldwide Zionist Congress demands a Jewish state in Palestine
and that Palestine be opened to 1,000,000 Jews. ,
August 16. President Truman calls for free settlement of Palestine by Jews.
August 31. President Truman requests immediate admission of 100,000
Jewish displaced persons from Europe. British say no.
September 4. Jewish Agency has no more Palestinian immigration certifi-
cates. Instead of 100,000, British Colonial Office had issued 1,500.
September 20. In a final report William O'Dwyer, executive director of U.S.
War Refugee Board, urges government to take all steps to reopen Palestine
to Jewish immigrants due to problem of "stateless" Jews.
September 23. British government refers to UN the problem of Palestinian
and Jewish immigrants. President Truman supports 100,000 Jews entering
Palestine.
September 24. Jewish Agency rejects offer made August 25 by British
government to allow 1,500 permits a month for Jewish immigration to
Palestine.
September 26. Abdul Azzam Bey, secretary general of Arab League, arrives
in London for conference on Palestinian problem.
President Truman denies that former president Franklin D. Roosevelt
made commitment to King Ibn Saud of Saudi Arabia not to support Jewish
claims on Palestine.
September 28. British constable J. Barry shot in Tel Aviv, Palestine.
September 29. Azzam Bey says Arab League opposes Russian or any other
trusteeship of Tripolitania since it is an Arab country.
October 3. Iraq warns U.S. that any support to Zionism is an act against Iraq
and Arab peoples.
October 6. Jews with survivors of concentration camps march through cities
dressed in concentration camp clothing to protest the September meeting of
British foreign minister Ernest Bevin and Arab League secretary general
Abdul Azzam Bey.
October 10. Armed Jews (Haganah) raid Athlit clearance camp near Haifa,
Palestine, injure several guards, and release 208 illegal immigrants. A police
party is ambushed and a British constable killed.
October 11. Jewish terrorist force overpowers Jewish guards at Palestinian
training depot at Rehovoth and escapes with arms and ammunition.
October 14. Senator Ralph O. Brewster (Maine) says British imperialistic
policies are responsible for Arab agitation against Jews in Palestine and
British could solve problem.
October 18. Secretary of State James F. Byrnes says U.S. government will
not make any decision concerning Palestine without consultation with Jews
and Arabs.
President Truman hopes British will admit 100,000 Jews to Palestine.
October 20. Egypt, Iraq, Syria, and Lebanon warn Secretary of State James
F. Byrnes that creation of Jewish state in Palestine would lead to war.
October 23. American Zionist Emergency Council protests to Secretary of
State James F. Byrnes that Arab states should not be consulted in Palestinian
affairs.
Chicago convention of women's Zionist organization, Hadassah, cables
British prime minister Clement R. Attlee and protests the callous treatment of
Jews.
October 24. Arabs propose economic sanctions against American oil compa-
nies with Middle East concessions.
Dr. Israel Goldstein, president of Zionist Organization of America, calls for
British to fulfill Balfour Declaration and abrogate the 1939 White Paper
(admission of 15,000 Jews a year into Palestine); he asks President Truman
to keep insisting on admission of 100,000 Jews into Palestine per year.
Senator Ralph O. Brewster (Maine) urges U.S. support of Jewish Pales-
tine and calls Arab threats a myth.
UN comes into existence.
October 31. First countrywide sabotage action. Railway bridges, police patrol
ships in Jaffa and Haifa, both in Palestine, and oil refineries in Haifa are blown
up. Palestinian transportation system is paralyzed. British blame Jewish ex-
tremists.
November 1. Arabs charge that Zionists are trying to force British government
to act in their favor.
Delegates to International Christian Conference urge that Palestine be
opened to Jewish immigration.
November 2. Arab nationalists call for one-day general strike to protest
against Zionism and Balfour Declaration. In many Egyptian cities Jewish
stores are attacked, synagogues are burned, and Jewish families are stoned.
Colonial Secretary George H. Hall announces resignation of Field Marshal
Viscount Gort as high commissioner for Palestine and Transjordan and warns
that violence in Palestine jeopardizes Zionist cause.
Novembers. Anti-Zionistdemonstrationscontinuein Egypt. PremierMahmoud
Fahmy Nokrashy deplores acts.
World Youth Congress hears demands that Palestine be opened to Jews.
November 4. Major General C.F. Loewen, British commander of northern
Palestine, orders 5:30 P.M. to 5:30 A.M. curfew for coastal area around Haifa.
Six Jews attempt to raid British navy depot at Athlit, Palestine.
Demonstrations continue in Cairo, Egypt. Both Jewish and non-Jewish
shops are attacked; police break up attacks.
November 6. One thousand British troops debark at Haifa, Palestine, from
Ascania Lake, Turkey. Troops in Palestine now total 50,000.
November 7. More than 100 Jews are slain in Arab riots in Tripoli and Zawia,
Libya; and Zliten and Zanzur, Tripolitania. British troops fire on mob. Arab
leaders express regrets.
In Haifa, Palestine, 789 Jewish refugees land.
U.S. secretary of the treasury Henry Morgenthau says immediate admis-
sion of 100,000 stateless Jews into Palestine is their only chance for survival.
November 8. General Sir Alan Gordon Cunningham is appointed high
commissioner for Palestine and Transjordan.
Dr. Izzat George Tannous, head of Arab Office in London, says Truman
recommendation for Jewish immigration to Palestine was made without
consulting Arabs and denounces Zionism.
November 11. Senator Ralph O. Brewster (Maine) says British-Russian dis-
putes in Middle East may presage another war and urges creation of a Jewish
commonwealth in Palestine.
November 12. Six hundred rabbis march to Capitol and stop at White House
and British Embassy to plead that Palestine be opened for Jewish immigra-
tion.
November 13. President Truman and British foreign minister Ernest Bevin
announce U.S.-British agreement on creating joint committee of inquiry to
examine problem of European Jews and Palestine. Bevin suggests that
Palestine become a trustee state of UN and later have self-government.
Bevin refuses the entry of 100,000 Jews into Palestine and declares a
quota of 1,500 immigrants a month, subject to Arab acquiescence.
Senator Kenneth McKellar (Tennessee) charges that British are distribut-
ing arms to Arabs and denounces Bevin. Congressman Emanuel Celler (New
York) denounces British.
November 14. Rioting in Tel Aviv, Palestine, to protest U.S.-British agree-
ment. Violence throughout Palestine. Radio broadcasts urge Jews to fight.
Arab National Liberation League asks that Soviet Union and Balkans be
included in Anglo-American Committee of Inquiry on Palestine.
Dr. Abba Hillel Silver and Dr. Stephen S. Wise, joint chairmen of the
American Zionist Emergency Council, criticize U.S. for agreeing to inquiry.
Hadassah and World Jewish Congress criticize British foreign minister Ernest
Bevin.
November 15. Day of prayer and fasting to protest British foreign minister
Ernest Bevin's actions. Violence in Palestine continues. Complete curfew is
declared at noon in Tel Aviv, Palestine. Promises are made to execute anyone
carrying a weapon. In Haifa, Palestine, Zionist sailors in the British navy
protest.
November 18. At Zionist Organization of America meeting, Dr. Abba Hillel
Silver is elected to succeed Dr. Israel Goldstein as president. A proposal is
made to allow the Jewish National Fund of America to buy 500,000 acres of
land in Palestine in defiance of British land transfer regulations. A budget is
approved for immigration and settlement.
Dr. Chaim Weizmann, president of Jewish Agency and World Zionist
Organization, says British foreign minister Ernest Bevin cannot divide Zionists
and other Jewish people.
November 22. Palestinian Arab leaders form Higher Committee to present
their views to Arab League.
Jewish underground takes arms from RAF in Ras el Ain, Syria, according
to British claim.
November 25. Jewish underground attacks Palestinian coast guard; blows
up two coast guard stations in retaliation for capture of Greek schooner
Demetrios which brought 200 illegal immigrants to Palestine.
November 26. Jewish underground blows up police headquarters and
several electric power stations.
Mandatory government sends troops to search for arms in Jewish settle-
ments in Sharon and Samaria.
Soviet Union proposes submittal of Arab-Jewish problem to Big Five
Conference.
Polish Jews announce in Italy that they intend to proceed to Palestine by
any means.
Decembers. Abdul Azzam Bey, Arab League secretary general, announces
that member states will boycott all Jewish-produced goods from Palestine
beginning January 1,1946.
December 10. President Truman names six U.S. members to Anglo-Ameri-
can Committee of Inquiry on Palestine. London announces six members.
December 11. Palestinian Arab Council (Higher Committee) announces
opposition to the Anglo-American inquiry into Palestine. Arab League has
offered cooperation.
December 12. U.S. Senate Foreign Relations Committee approves resolu-
tion of U.S. aid to open Palestine to the Jews.
December 17. U.S. Senate votes for Wagner-Taft resolution calling for free
entry of Jews into Palestine and establishment of Jewish commonwealth.
December 19. U.S. House adopts Palestine resolution which Senate has
approved.
Chronology—1946

December 20. British deport 52 Jews detained at Latrun, Palestine, to Eritrea,

Ethiopia; the Jews were suspected of being terrorists.
December 21. Washington and London announce Anglo-American Commit-
tee of Inquiry on Palestine will open hearings January 7,1946.
December 23. Sumner Welles, chairman of American Christian Palestine
Committee, advises that UN Trusteeship Council should establish Jewish
commonwealth in Palestine with armed force to give security.
December 26. Jewish Agency charges that Palestinian government has
stopped issuing immigration certificates despite British foreign minister Ernest
Bevin's declaration that monthly quota would be permitted.
December 27. Bomb blasts and gun battles in Palestinian cities of Jerusalem,
Jaffa, and Tel Aviv. Police blame Haganah (Jewish volunteer militia). Attack
on arms depot in Tel Aviv.
December 28. About 2,000 people are arrested for questionings in bombings;
most are released, including Moshe Shertok, Jewish Agency official.
December 29. British arrest 800 people for questioning in bombings.
December 30. Jamal el Husseini, exiled leader of Palestinian Arab party,
predicts that Arabs will revolt if they lose hope of defeating Zionism politically.
Egyptian cabinet approves boycott on Palestine Zionist-produced goods.

1946
January 2. J.V.W. Shaw, Palestine administration chief secretary, announces
that the 75,000 immigration certificates under the 1939 White Paper have
been exhausted. He can offer no more immigration certificates.
January 3. Irgun and Stern Group claim credit for recent bombings. This
clears Haganah (Jewish volunteer militia).
Senator Edwin C. Johnson (Colorado) and Senator Charles W. Tobey
(New Hampshire) assail Anglo-American inquiry. Tobey says Congress has
voted on Palestinian issue; thus, inquiry is not needed.
January 5. High Commissioner Alan Gordon Cunningham of Britain asks
seven members of Palestinian Arab Higher Committee to consent to interim
admission of 1,500 European Jews while Anglo-American Committee studies
the problem.
January 6. At the Jewish National Fund Convention, the American Zionist
Emergency Committee is urged to withdraw from the Anglo-American inquiry
as a protest to British ban on immigration. Plans are also made to buy 500,000
acres in Palestine.
 Chronology— 1946

January 7. Anglo-American Committee of Inquiry on Palestine begins ses-

sions in Washington, D.C. Robert Nathan, an economist, tells committee that
Palestine could absorb 615,000 to 1,125,000 people within ten years. Dr.
Joseph J. Schwartz, European directorof American Jewish Joint Distribution
Committee, estimates that 600,000 European Jews wish to go to Palestine.
Earl G. Harrison, who surveyed the Jews in Europe for President Truman
during summer of 1945, urges that 100,000 Jews be admitted immediately.
January 9. Joseph M. Proskauer, American Jewish Committee president,
recommends to inquiry committee that Palestine be placed under UN trustee-
ship.
Zionists criticize British foreign minister Ernest Bevin's statement that
British would refer refugee problem to the UN.
January 10. Lessing J. Rosenwald, American Councilfor Judaism president,
tells inquiry committee that he rejects Hitler's idea that Jews are race or nation.
He says Zionists are raising false hopes because Palestine cannot solve their
problems. He proposes UN conference to deal with refugee problem.
January 11. At Palestine inquiry Albert Einstein says UN trusteeship is
preferred over British colonial policy. Although he advocates the majority of
European Jewish refugees' settling Palestine, he sees no need fora Jewish
commonwealth.
January 15. Washington hearings of Anglo-American Committee of Inquiry
on Palestine end. The committee goes to London next.
January 16. Saudi Arabia and Egypt say that Palestine will remain an Arab
country, and that they speak for all Arabs.
January 17. Nine hundred illegal immigrants captured off coast of Haifa,
Palestine.
January 19. Power stations blown up.
January 20. Coast Guard station attacked.
January 25. Anglo-American Committee of Inquiry on Palestine begins
hearings in London. Professor Selig Brodetsky, president of British Jews
Board of Directors, urges admission of 1,000,000 Jews to Palestine to
establish numerical majority. He says Arab rights would be guarded and
Arabs would be given full share in government.
Arab states ask Trusteeship Council of UN General Assembly to define
term in charter which says that states should negotiate trust agreements with
mandatory powers.
Arab League says it will support Arab Higher Committee in rejecting British
proposal for Jewish immigration into Palestine to be set at 1,500 a month.
January 28. British high commissioner Alan Gordon Cunningham announces
death penalty for terrorism after raid on RAF camp in Aquir, Palestine.
January 29. At Palestine inquiry hearings, Major General Sir Edward Spear
accuses Zionists of having some of the characteristics of Nazis; for example,
a desire to impose rule over weaker peoples.
Chronology— 1946

January 29 cont. In Munich, Germany, the Congress of Liberated Jews de-

mands that the UN declare Palestine a free Jewish state.
January 30. Leopold S. Amery, former British colonial secretary and state
secretary for India, tells inquiry committee that division of Palestine into
separate Jewish and Arab states is only solution.
Palestinian government announces that pending inquiry committee deci-
sion, 1,500 immigrants a month will be allowed to enter Palestine.
February 1. Faiz al-Khoury, spokesman for five Arab League states, tells
inquiry that Arabs will not accept division of Palestine or Jewish immigration.
February 2. One-day strike called by Arab Higher Committee to protest
interim immigration. Arabs protest to British and UN that Britain violated its
word concerning immigration.
February 3. A Moscow magazine, New Times, criticizes U.S. and Britain for
creating Palestinian inquiry and not consulting UN.
February 7. Jews raid British camp near Tel Aviv, Palestine.
Jamal el Husseini, head of Palestine Arab party, returns to Jerusalem after
eight years in exile.
February 11. The Arab Higher Committee decides that Palestinian Arabs will
appear before inquiry when committee comes to Jerusalem.
Jewish Agency accepts 1,500 quota on immigration.
February 17. In Vienna Bartley E. Crum, U.S. member of Anglo-American
inquiry, says he is afraid that 55,000 Jews in American camps in Germany are
so desperate that they may fight to go to Palestine or start a wave of suicides.
Of 4,418 Jews in Vienna, 1,065 want to go to Palestine.
February 19. Hungary and Rumania refuse admittance to inquiry members.
Bulgaria has not replied.
February 21. Terrorists attack police headquarters in Haifa and Tel Aviv, both
in Palestine, after blowing up RAF radar station at Mount Carmel, Palestine.
Congressman Augustus W. Bennet (New York) introduces House resolu-
tion for investigation of Palestinian situation.
February 26. British troops in Palestine seize 5,000 Jews in search for
terrorists who wrecked 22 RAF planes at Quastina, Petach Tikva, and Lydda
in Palestine.
March 2. At inquiry Arab League voice their opposition to a Jewish state and
propose an Arab state.
Haganah, Irgun, and Stern Group join forces.
March 6. Jewish extremists raid two British military camps at Sarafand and
Rehovoth, both cities in Palestine, but are driven off by troops.
Inquiry committee arrives in Jerusalem from Cairo, Egypt.
March 8. Chaim Weizmann presents Zionist case before inquiry. He proposes
creation of a Jewish state by bringing in 1,000,000 more Jews and giving
Arabs equal rights.
 Chronology— 1946

March 11. David Ben-Gurion, chairman of Jewish Agency, tells inquiry

committee that Palestinian Jews can and will defend themselves if British
troops withdraw.
March 12. Jamal el Husseini, Arab leader, requests that British leave
Palestine.
March 14. Dr. Judah L. Magnes, Hebrew University president, proposes on
behalf of the Ihud (Union) Association that Palestine be made a binational
state with eventual Jewish-Arab numerical equality.
March 26. Anglo-American Committee concludes hearings in Jerusalem.
April 16. High Commissioner Alan Gordon Cunningham of Britain says that
refugees at La Spezia, Italy, can enter Palestine under the 1,500 quota
system. Refugees had threatened to conduct a hunger strike or to blow
themselves up.
April 19. King Ibn Saud suggests that Jews can be sent to Australia, New
Zealand, and the Americas, where there is more space than in Palestine.
April 23. Strike of 50,000 government employees (both Jewish and Arab)
ends after the Palestinian administration raises wages.
April 25. Small Jewish band raids British camp near Tel Aviv, Palestine, to
seize arms. British round up 1,200 suspects.
April 30. Anglo-American Committee recommends: (1) Palestine cannot take
all Jews, so other countries must help; (2) 100,000 European Jews will be
granted immediate entry; (3) there will be no partition—Palestine will be
neither Jewish nor Arab, and Christian rights will be protected; (4) British
mandate should continue, pending trusteeship by UN; (5) Arab standard of
living needs to be raised; (6) other Jewish immigration will be permitted after
first 100,000 are cared for; (7) 1940 laws prohibiting Jews from buying Arab
lands will be rescinded; (8) agricultural and industrial development will be
carried out in cooperation with other Arab states and will be state controlled;
(9) educational system will be reformed; (10) use of force by Arabs or Jews
will be suppressed. The Committee also recommends that the Jewish Agency
should suppress terrorism and illegal immigration and maintain law and order.
Arabs say proposals are an outrage to national rights of Arabs. Jews agree
to immediate entry of 100,000 immigrants but want a Jewish state.
May 1. British prime minister Clement R. Attlee announces that Britain will not
carry out inquiry's recommendations without help of U.S. The 100,000
immigrants will not be admitted until illegal armies are disarmed.
Arab Higher Committee calls for Arab general strike for May 3. Pan-Arab
organization in Cairo, Egypt, warns of revolt in Near East if inquiry recommen-
dations are implemented.
May 2. Arab Higher Committee tells the British cabinet that Arabs will resume
their national struggle of 1936-1939 if inquiry committee's report is carried
out. Arab League sends protests. Syria condemns report and Iraq protests to
U.S. and Britain.
Chronology—1946

May 2 cont. Bartley Crum and Frank W. Bexton, U.S. members of inquiry, say
that British prime minister Clement R. Attlee's comments of May 1 about Jews
are shocking. The committee had refused such conditions.
May 3. Arab youths stone British troops in Jerusalem. Arab strikes tie up
Palestine, Syria, and Lebanon.
May 5. Arabs voice opposition to immigration of 100,000 Jews. Jamal el
Husseini, Arab Higher Committee chairman, calls on Palestinian Arabs to
resist enemies.
A British army newspaper, Mid-East Mail, criticizes President Truman by
saying that British lives will not be sacrificed for American votes—American
military aid is needed.
May 6. King Ibn Saud of Saudi Arabia pledges support to Arab Higher
Committee and calls Anglo-American report an injustice, as do other Arab
leaders. Arab Catholics protest to Big Five leaders and Pope Pius XII.
May 7. In parts of Tel Aviv, Palestine, bombs explode. The bombs are stuffed
with Irgun leaflets, urging Jews to fight for Zionist state.
Arab Communists announce their support of Arab Higher Committee.
May 8. Bartley Crum, U.S. member of inquiry, says British foreign minister
Ernest Bevin had promised committee that recommendations of inquiry would
be carried out if they were unanimous. He also charges that Haj Amin el
Husseini should be arrested as a war criminal.
Arab Higher Committee asks Stalin for help.
Jewish refugees stranded for months at La Spezia, Italy, sail for Palestine.
May 10. Acting Secretary of State Dean Acheson promises representatives
of Arab states that U.S. will keep Roosevelt's pledge toconsu It both Arabs and
Jews before agreeing to any basic change in Palestinian administration.
One-day Arab strike paralyzes Middle East, including Palestine. Egyptian
police and Arabs clash in Cairo, Egypt.
May 11. Senator Ralph O. Brewster (Maine) charges that British bought King
Ibn Saud of Saudi Arabia with $20 million and backed him as Arab League
leader. He urges that a Jewish state is solution for Palestine.
May 14. Greek ship Smyrna, which was captured by British on May 13, docks
at Haifa, Palestine. British double monthly quota to admit immigrants on ship.
Saudi Arabia protests to U.S. State Department about Maine senator
Ralph O. Brewster's remarks.
May 15. Arab Higher Committee demands dissolution of Jewish Agency
because of illegal immigration.
In UNRRA trucks, 850 Jews leave Berlin; their eventual destination is
Palestine.
May 16. Arab League members warn U.S. that any support of Anglo-
American Committee would signify hostility to Arabs.
May 18. King Farouk of Egypt invites Arab leaders to discuss action against
Palestinian report.
 Chronology—1946

May 19. In Haifa, Palestine, 1,014 Jews arrive from La Spezia, Italy.
May 20. U.S. and Britain ask to have Jewish and Arab opinions concerning
inquiry by June 20.
May 24. Arab Higher Committee responds to query of May 20 by requesting
abrogation of British mandate, cessation of Jewish immigration, formation of
Arab Palestine, and withdrawal of foreign troops.
May 27. Arab Higher Committee warns British administration that continued
Jewish immigration will bring violence, and demands dissolution of Jewish
Agency.
May 28. Arab leaders meet.
May 29. Arab Higher Front is established as rival to Arab Higher Committee.
May 30. In the Inshass conference, Arab League rejects further Jewish
immigration.
June 2. American Council for Judaism, American Zionist Emergency Council,
and Zionist Federation of Great Britain and Ireland urge U.S. and Britain to
carry out Anglo-American Committee recommendations immediately. Jamal
el Husseini says that Arabs will defend country with blood and stand firm
against Zionism.
June 11. President Truman creates committee to help him with Palestine
problem. Military aid is discussed with Britain.
June 12. British foreign minister Ernest Bevin criticizes U.S. concerning
Jewish immigration. He claims that U.S. would rather send Jews to Palestine
than to New York, that more troops would be needed if 100,000 Jews immi-
grated to Palestine, and that Britain would not and could not pay for such a
plan. He urges a Palestinian state, not a Jewish or Arab state.
June 13. Arab League proposes program for Palestine. Arabs will be armed
until Zionist forces are disarmed and anyone selling land to Jews will be
punished. U.S. is urged to withdraw from problem and Britain is warned that
Arab League will go to UN if talks fail.
June 14. President Truman answers British foreign minister Ernest Bevin.
Jews will go to Palestine; U.S. cannot expand its immigration policy.
June 15. Arab League sends notes to Britain and U.S., claiming that
American support of Zionism encourages terrorism in Palestine and imperils
peace in Middle East.
June 16. Major sabotage operations organized throughout Palestine by
Jewish paramilitary organizations under political leadership of David Ben-
Gurion. "Voice of Israel" underground station claims to have found British
military document outlining plans to move against Haganah and Jews. British
deny allegation.
Jewish Agency asks inquiry committee to plan implementation of recom-
mendations. They again urge a Jewish state.
June 17. Bombing of roads and railways in Palestine and battles with British
troops. British search Beth Haarava, a Palestinian village, for suspects.
Chronology— 1946

June 18. British officers are kidnapped in Jerusalem and Tel Aviv, Palestine,
and held hostage to prevent execution of Irgun members arrested for
attacking British camp. Curfew is ordered for Haifa, Palestine, and Tel Aviv.
June 21. Arms are found at Palestine Potash Company. British arrest
manager.
Plans are found indicating that Lieutenant General Sir Evelyn G. Barker,
commander of British forces in Palestine, was to be kidnapped.
June 24. Irgun announces it will try kidnapped British officers.
June 27. In Haifa, Palestine, 1,290 illegal Jewish immigrants arrive from
Genoa, Italy.
June 29. British government orders arrest of Jewish leaders. David Ben-
Gurion escapes. British raid Jewish communities to search for Haganah.
Jewish Agency offfices are occupied by British.
July 1. British prime minister Clement R. Attlee links Jewish Agency to
Haganah and to Irgun.
July 2. President Truman meets with Jewish Agency members. He says
Zionist leaders should be released and that U.S. can aid in transport of
100,000 Jews to Palestine.
Jews arriving in Haifa, Palestine, from France are quarantined because of
bubonic plague.
Jewish Agency denies link with Irgun. Palestinian police are accused of
torturing Jews in Athlit, Palestine.
July 4. Captured British are freed.
Irgun declares war against Britain.
July 7. In London Jews demonstrate against British "terrorism" in Palestine.
July 9. Chaim Weizmann tells British government to end its policy in
Palestine. He also adds that Haganah will not give up its weapons.
British deny visas to Dr. Stephen S. Wise and Louis Lipsky, Jewish Agency
officials, to visit Palestine.
July 10. Palestinian government returns building to Jewish Agency.
July 12. Arab Higher Committee says that Jewish Agency leaders should be
tried.
July 14. Inner Zionist Council and Jewish Agency refuse to cooperate with
British until Jewish leaders are freed.
July 15. Jewish war veterans end two-day demonstration in Washington.
They tell President Truman that they are ready to police Palestine.
July 16. Arab Higher Committee calls for full boycott of all economic, cultural,
and social Jewish activities.
July 18. Jews end 15-hour hunger strike in Raf a and Latrun, Palestine (on the
Palestinian-Egyptian border) detention camps.
July 22. British headquarters in King David Hotel are blown up.
 Chronology—1946

July 23. Irgun claims responsibility for the King David bombing but claims
British are real culprits.
Jewish Agency and Jewish National Committee protest bombing. Presi-
dent Truman warns that terrorism will retard any Palestinian solution.
British, in a White Paper, claim that activities of Haganah, Irgun, and Stern
Gang are directed by Jewish Agency. Jewish Agency denies allegation.
July 24. Bombing is denounced by American Jewish Committee and Ameri-
can Zionist Emergency Council. American League for Free Palestine blames
British policies.
Arab League countries send note to British government demanding new
regime in Palestine before next General Assembly meeting. If demands are
not met, they will bring issue before Assembly.
July 25. In London, England, Anglo-American Cabinet Committee proposes
Morrison Plan, which calls for division of Palestine into Jewish, Arab, and
central government districts. The real power will be British-controlled central
government. The admittance of 100,000 Jews will depend on acceptance of
this federalization plan.
July 26. Committee recommends that U.S. Congress grant $50 million to
finance developments in Palestine to benefit Arabs.
July 27. In London, meeting of Committee ends.
Arab Higher Committee refuses to participate with Jews in conference.
The Arabs want an independent Arab state and no Jewish immigration.
July 28. Chaim Weizmann assails Palestinian partition plan.
Lieutenant General Sir Evelyn Barker bans fraternization with Jews.
July 31. Herbert Morrison, lord president of Council, says that success of
Palestinian partition depends on approval by U.S. If Zionists, Arabs, and U.S.
back plan, then 100,000 Jews will be admitted within one year.
Arms are found in Tel Aviv. Two ships arrive in Haifa, Palestine.
August 1. Winston Churchill tells House of Commons that British should turn
over mandate to UN, if U.S. will not share burden of Zionist cause. His
proposal is rejected by cabinet.
August 2. Arabs accept Britain's invitation to conference on Palestine.
August 3. Pope Pius XII pleads for peace in speech to Arab Higher Commit-
tee.
August 4. Irgun broadcast promises more resistance to British.
Moshe Sneh, wanted by British for suspected terrorist activities, arrives in
Paris for a Jewish Agency meeting. He denies that he was involved in King
David bombing.
August 5. Jewish Agency assails Palestine federalization plan.
British hold security blackout in Haifa, Palestine, where 2,250 illegal
Jewish immigrants are held aboard ships.
Chronology— 1946

August 7. British announce illegal Jewish immigrants will be sent to Cyprus.

Order also includes 7,000 held on ships or in Haifa, Palestine, camps.
August 8. Jamal el Husseini, Arab Higher Committee chairman, rejects both
British government federalization plan and invitation to conference on Pales-
tine.
British army lifts ban on fraternization with Jews.
August 9. U.S. general Joseph T. McNarney announces in Frankfurt-on-the-
Main that he plans to halt well-organized movement of Jewish refugees into
U.S.zoneofGermany.Hesayszoneisnot"waystation .. .to Palestine or any
other place."
Air Marshal Sir William Sholto Douglas says he will halt refugees entering
British zone of Germany.
August 12. British government announces that all illegal Jewish immigrants
will be sent to Cyprus. Two ships with 1,300 Jewish immigrants arrive in Haifa,
Palestine. First ship of illegal immigrants sails for Cyprus.
British charge that Zionist extremists are forcing an unfair settlement of
Palestine problem.
August 13. British fire into crowd of Jews in clash with illegal immigrants. Two
ships leave for Cyprus. Another ship of illegal immigrants is seized and
captured by British. British Colonial Office blames U.S. for illegal immigration.
Jewish National Council proposes first stage of noncooperative policy.
Jews charge that ban on immigration is illegal under mandate.
Arabs accept conference invitation. They want immigration ban.
August 16. Guy M. Gillette of American League for a Free Palestine reports
that Palestinian Arabs are not hostile to Jews, but British soldiers are anti-
Semitic.
August 18. British use tear gas and fire hoses to force 640 Jews to board
Empire Heywood. Ship is forced to return after two bombs explode.
August 21. Bartley C. Crum charges that midlevel officials of U.S. State
Department are sabotaging U.S. policy on Palestine and calls for resignation
of Loy W. Henderson of Near East Affairs office. He also claims that U.S.
inquiry members were spied on by British agents.
August 22. Empire Riva is bombed.
August 23. Acting secretary of state Dean Acheson denies Bartley C. Crum's
remarks.
Jewish Agency announces that it is opposed to partition, and it wants
continued immigration.
Empire Heywood sails for Cyprus after British authorities are told ship
would be bombed again.
August 26. British search coastal villages for suspects in bombing of Empire
Riva.
August 29. British refuse to invite Haj Amin el Husseini to London conference
but invite four members of Arab Higher Committee.
 Chronology—1946

August 30. British find arms in Jewish farming villages of Dorot and Rubama.
September 2. Jewish passengers of Four Freedoms resist British. Ship is
brought to Haifa, Palestine, and passengers are deported.
September 4. Jewish Agency informs British of its refusal to attend confer-
ence unless Zionists can control immigration.
September 8-9. Violence in Palestine.
September 10. London conference opens. Arabs attend but Zionists boycott.
September 12. Jews announce they will go to conference. Arabs at confer-
ence reject autonomy plan.
September 15. Jewish Agency and National Council of Palestinian Jews
condemn terrorism. Irgun announces a continuation of its tactics, and it breaks
from Haganah.
September 16. In Jerusalem, Arabs form army as protection against Zionist
terrorists.
September 20. Haifa, Palestine, railroad station is bombed.
September 22. Jewish immigrants aboard Palmach resist British, but immi-
grants are deported to Cyprus.
September 24. American Jewish Labor Cou ncil protests anti-Semitism by the
mandatory government. Rabbi Philip S.Bernstein, an adviser of Jewish affairs
in Germany, reports that 90 percent of Eu ropean Jews want to go to Palestine.
September 25. Zionist Inner Council votes that Jewish Agency should not go
to conference until Zionist leaders are released.
Arab leaders propose provisional Arab-Zionist government.
September 30. "Shadow government" for Palestine is set up in Alexandria,
Egypt.
October 2. Arabs present plan for an independent Palestine at London
conference. Plan calls for seven Arabs and three Jews in government. They
also want to prohibit Jewish immigration.
British seize 50 Jews in Tel Aviv, Palestine, after Jewish home is blown up
because Jewish woman had refused to support Irgun.
October 4. At London conference, President Truman in his "Yom Kippur"
speech endorses partition of Palestine and creation of Jewish state. He asks
again for admission of 100,000 Jewish refugees.
Octobers. In campaign speeches Thomas E. Dewey and Herbert H. Lehman
urge that Jewish immigration to Palestine be allowed.
October 11. President Truman denies that he is jeopardizing the talks by
requesting immigration.
October 13. Meyer W. Weisgal, secretary general of American office of
Jewish Agency for Palestine, says that British policy and army are intensify-
ing terrorism.
October 17. King Ibn Saud tells President Truman that Jewish immigration
violates previous promises and that Jews were "aggressors from the start."
Chronology—1946

October 18. British government rejects Jewish plea to raise immigration

quota of 1,500.
October 21. British Moon intercepts boat of 819 Jews. They are sent to
Cyprus. British arrest Arab Boycott Committee members for bombing Arab
shops which refused to boycott Jews. Sternists threaten to kill British soldiers
and police.
October 22. Lieutenant General Sir Evelyn Barker returns to England.
October 24. Colonel Richard H. Webb, British commander, detains reporters
watching a roundup of Jews suspected of bombings.
October 28. President Truman says a Jewish National Home in Palestine
should be established and the 100,000 Jews admitted on humanitarian
grounds. He tells King Ibn Saud the U.S. is not hostile to Arabs and promises
will not be violated.
October 29. Colonel Richard H. Webb is removed from British command.
October 30. Jerusalem is bombed.
October 31. Jews damage Ras El Ain airfield. Political terrorism is denounced
by Vaad Leumi (Jewish National Council). British embassy in Rome is
bombed by Irgun.
November 1. Two ships leave for Cyprus.
In New York Moshe Sneh, Jewish Agency executive, denounces terror-
ism.
November 2. Arabs strike against Balfour Declaration.
November 5. Jewish Agency leaders are released from Latrun concentration
camp.
November 7. Railway travel is suspended after Irgun attacks on railways.
November 9-13. Jewish terrorists bomb trains and streetcars.
November 11. Nikolai V. Novikov, Soviet ambassador to Washington,
suggests that Palestine be given independence from Britain and the area be
placed under UN trusteeship.
November 12. It is announced that 1,050 Jews in Cyprus will be admitted to
Palestine under quotas until mid-January.
November 14. Board of deputies of British Jews condemns idea of terrorism
expanded to Britain.
November 18. Police and Jews clash in Tel Aviv, Palestine.
November 20. Jerusalem is bombed.
November 23. Fawi Husseini, cousin of Arab Higher Committee chairman, is
killed by Arabs for selling land to Jews.
November 26. In Haifa, Palestine, Jews resist British because they do not
want to go to Cyprus.
November 29. Supreme Court rejects petition to prevent deportation.
November 30. Jerusalem is bombed.
December 2-5. Palestine is bombed and land-mined.
 Chronology—1946

December 2. Dr. Judah L. Magnes, Hebrew University president, charges

that the play A Flag Is Bom makes appeal for funds for terrorism. Eleanor
Roosevelt is sponsor of play. Guy M. Gillette, president of American League
for a Free Palestine, produced play. He denies charge.
December 7. U.S. secretary of state James F. Byrnes says that partition is
best solution to Palestine problem.
December 9. Chaim Weizmann calls for Jewish state in Palestine.
December 10. Dr. Abba Hillel Silvercriticizes President Truman and opposes
partition. He defends resistance to Britain.
December 11. Dr. Emanuel Neumann, vice president of Zionist Organization
of America, rejects Britain and says Jews of Palestine will have to rely on U.S.
and armed strength.
December 12. Arabs call for general strike to protest Haganah abduction of
an Arab in Salame, Palestine.
Arab Higher Committee merges two illegal Arab armies under Arab Youth
Movement.
December 13. Moshe Sneh, reputed head of Haganah, repudiates activities
of Irgun and Stern Group. He calls for a responsible resistance. He urges
Zionists to stay away from London conference.
December 15. Strike by Arabs to protest Salame, Palestine, kidnapping.
World Zionist Congress suspends six members of Zionist Revisionist
Union of America for unauthorized request to UN for discussion of Palestin-
ian problem.
December 17. Land purchases and budget are discussed at World Zionist
Congress.
December 18. Sir William Fitzgerald, chief justice of Palestine, says Jerusa-
lem will be divided into Jewish and Arab boroughs.
Arab landowner is assassinated because he sold land to Jews.
December 19. Johan J. Smertenko, vice president of American League for a
Free Palestine, is barred from England where he had planned to start British
branch of organization. He says terrorism is justified.
William B. Ziff declares that negotiation by Jewish Agency would be
opposed by Palestinian underground groups. Revisionists say that Ziff had
been expelled for breaches of party discipline.
December 21. Arabs in Palestine refuse to pay taxes if money is used for
Jewish immigration.
December 24. Israel Levin is murdered in Tel Aviv, Palestine, for betraying
Stern Group leader.
World Zionist Congress ends. Zionists urge an end of terrorism. They
oppose UN trusteeship and want independence with no partition. They adopt
resolution to boycott conference in London, England.
Chronology—1947

December 26. Peter H. Bergson, Hebrew Committee of National Liberation,

forms exile government for Hebrew Republic of Palestine in France. He
promises a revolt.
Jews raid two diamond factories in Natanya and Tel Aviv, both in Palestine.
December 28. Congressman Joseph Clark Baldwin (New York) of Political
Action Committee for Palestine appeals to Menahem Beigin to end terrorist
activities.
December 29. Irgun kidnaps and whips British major.
December 30. In London, England, synagogues are set afire to protest
kidnapping of British major.

1947
January 2. Irgun again declares war with bombings and machine gun attacks.
January 3. Sir Henry Gurney, chief secretary for British high commissioner,
warns Jewish Agency that British will act against all Jews unless terrorism is
halted.
January 4. British soldiers are barred from cafes and restaurants.
January 5. Haganah radio station condemns terrorist attack on train in Benha,
Palestine.
January 8. Arrests are made. Suspects are part of Irgun "Black Squad."
January 12. In Haifa, Palestine, an explosion by Stern Group ends lull in
violence.
January 13. Arabs and Jews condemn bombing. British send more troops to
Palestine.
January 15. British government approves Arab delegation for conference.
Most of the delegates are former Nazis.
January 17. British high commissioner Alan Gordon uunningham returns to
Jerusalem. The road he had travelled is found to have been land-mined.
January 18. Joseph Clark Baldwin, chairman of Political Action Committee for
Palestine, tells President Truman Palestine should be an independent Jewish
state.
January 21. Dr. Emanuel Neumann, vice president of Zionist Organization of
America, says U.S. Zionists will spend millions to finance illegal immigration.
January 22. British administration announces it will tax Palestine to pay for
sabotage.
Colonial Secretary Arthur Creech-Jones of Britain reports that no culprits
have been convicted for murders of British subjects.
January 26. Dr. Abba Hillel Silver, president of Zionist Organization of
America, in a speech at National Mobilization Conference, blames British
tyranny and injustice for the Palestine problem.
January 27. London conference reconvenes. Theconference is boycotted by
Jews. Haj Amin el Husseini opposes partition.
 Chronology—1947

January 29. British cabinet decides to partition Palestine. British foreign

minister Ernest Bevin and Colonial Secretary Arthur Creech-Jones talk with
Jewish leaders.
January 31. British order all wives and children of British subjects to leave
Palestine.
February 2. U.S. secretary of stateGeorge C.Marshall says U.S. wants to join
other countries in a speedy settlement of the European displaced persons
problem.
February 3. Palestinian government gives seven-day ultimatum to Jewish
Agency and Vaad Leumi (Supreme Jewish Council) to ask community to help
police and army capture terrorists. Agency replies that Jews will not be
informers.
February 4. Parts of Jerusalem are evacuated to prepare for military occupa-
tion.
London, England, conference adjourns. Arabs reject partition. Separate
Anglo-Jewish talks end in deadlock.
February 5. Vaad Leumi (Supreme Jewish Council) rejects ultimatum of
February 3.
Evacuation of women and children from Palestine begins. Sections of
Haifa and Tel Aviv are fortified as security areas as families move out.
February 7. Both Jews and Arabs reject final British proposal for division of
Palestine into Arab and Jewish zones and its administration as a trusteeship.
Every two years 100,000 Jews would be permitted to enter.
February 9. Negevdocks in Haifa, Palestine. After clash with British, illegal
Jewish immigrants board Emperor Heywoodtor Cyprus.
American League for a Free Palestine favors establishment of Hebrew
Republic in Palestine, demands dissolution of Jewish Agency, and backs
Irgun and resistance.
February 13. Carleton Beals says Palestine will be "self-imposed ghetto"
under Zionist domination.
February 14. The London Palestine conference ends. British foreign minister
Ernest Bevin decides to take Palestine problem to the UN.
Lieutenant General G.H.A. Macmillan arrives in Jerusalem. He succeeds
General Sir Evelyn Barker.
February 15. Outbreaks of violence.
February 17. Illegal Jewish immigrants aboard the Herouth are captured and
sent to Cyprus. Jews stage a strike in protest.
February 18. A Syrian delegate complains to UN Security Council that British
are too humane to Jewish terrorists because U.S. favors Jews.
February 20. A report is sent to UN saying that all plans for Palestine's future
have been rejected. British foreign minister Ernest Bevin blames failure of his
policies on American Zionists pressuring U.S. government.
Irgun attacks RAF near Hadera, Palestine. Oil pipelines are cut.
Chronology—1947

February 21. Arab Higher Committee announces it will tax Arabs in Palestine
to raise money to prevent Arabs from selling land to Jews.
February 25. British foreign minister Ernest Bevin claims that President
Truman spoiled October 1946 negotiations because of his demands to admit
100,000 Jews. He says Jewish National Home is not issue. Palestine will have
to be Arab state or Jewish state or Palestinian state. Palestine cannot be made
into two states. Labor and Conservative parties assail Bevin's speech. Sol
Bloom (New York) and Congressman Emanuel Celler (New York) denounce
Bevin's speech.
February 26. President Truman calls British foreign minister Ernest Bevin's
charges misleading. Palestine is not U.S. political issue. U.S. senators and
Zionist leaders assail Bevin; however, he is supported by former Congress-
man Hamilton Fish (New York).
February 27. British foreign minister Ernest Bevin says U.S. and Britain are
still on cordial terms. He does not want Palestine issue to drive wedge
between two countries.
February 28. Haim Arlosoroff is run aground after British boarding party is
thrown into sea. Immigrants are sent to Cyprus.
March 1. Violence, including Irgun attacks, occurs due to British foreign
minister Ernest Bevin's speech.
March 2. British high commissioner Alan Gordon Cunningham declares
martial law in Tel Aviv, Palestine, and part of Jerusalem. A four-year-old girl
is shot and her mother injured for standing on a balcony.
National Administration Cou ncil of the Zionist Organization of America will
aid immigration. Hebrew Sheltering & Immigrant Aid Society passes resolu-
tion asking UN to assign members quotas for absorption of European
displaced persons.
March 3. Irgun declares open warfare because of martial law. Economic life
in Tel Aviv, Palestine, is paralyzed.
March 5. High court rejects Jews' application to halt deportation.
March 6. British capture several terrorists.
March 7. Britain, China, France, and Soviet Union approve plan to create
special UN committee to investigate Palestine (UNSCOP).
March 8. Attacks on British headquarters in Tel Aviv, Palestine.
March 12. Passengers of Ben Hecht are sent to Cyprus. The crew, including
18 U.S. seamen, are arrested.
March 17. Martial law is ended.
March 22. Jewish Agency Building is bombed.
March 23. Jewish Agency executive ends emergency meeting in Jerusalem.
They decide to direct Zionist case to the UN.
March 24. Syrian premier declares death penalty to Jewish refugees trying to
reach Palestine, people who help them, and Syrians who sell Palestinian
property to Jews.
 Chronology—1947

March 29. Violence and bombings in Palestine.

March 30. U.S. seamen from Ben Hecht are deported to U.S. The disabled
Moledeth is rescued by British.
March 31. Oil tanks are bombed.
April 2. Britain refers Palestinian problem to UN. Sir Alexander Cadogan
requests special UN General Assembly session on Palestine.
Ocean Vigour \s bombed. Haganah claims responsibility.
April 3. British delegates to UN say British will not be bound to Assembly
decisions.
Empire Riva is damaged by bomb.
April 9. Palestinian government grants itself a military dictator in any "con-
trolled areas" imposed.
April 11. Violence in Palestine.
April 14. Guardian is boarded after gunfight.
April 16. British ask France and Italy to prevent Jews from going to Palestine.
Violence in Palestine.
April 18. Irgun declares it will fight until Hebrew authority is in Palestine.
April 19. Explosive charges are detonated in Haifa, Palestine, harbor to
thwart Jewish underwater assault of ships used to deport immigrants to
Cyprus.
Arabs press for immediate action, rather than waiting for General Assem-
bly to organize inquiry committee. They promise military concessions to
British if Britain backs Palestinian Arabs.
April 21. In jail, terrorists hang themselves rather than be executed.
April 22. Jewish Agency and Hebrew Committee of National Liberation
request to represent Jews in General Assembly. Arabs want mandate termi-
nated. They will ask UN for a halt to immigration.
April 24. British high commissioner Alan Gordon Cunningham asks Lieuten-
ant General Sir Miles Dempey, Middle East land force commander, for more
troops. Cunningham meets with David Ben-Gurion, Jewish Agency chairman.
April 26. Deputy Police Superintendent A.E. Conquest is assassinated in
Haifa, Palestine.
April 28. Special session of General Assembly to discuss Palestine.
Three agencies ask for Jewish representation. Jewish Agency boycotts
session, pending decision.
April 29. Mixed feelings about Jewish representation: some Jewish groups
favor an American representative.
April 30. Proposal to place Palestinian independence on UN General Assem-
bly agenda is defeated. Syria claims U.S. is to blame for unrest, because U.S.
had pressured Britain to increase Jewish immigration. Arabs say their
countries are tolerant toward Jews. Jews disagree.
Chronology—1947

May 1. Question of independent Palestine is again defeated. British request

for special committee is accepted. Arabs say Palestine should be an Arab
state.
May 2. It is decided that Jewish Agency cannot speak before Assembly but
can be heard by Political & Security Committee. Soviet delegate Andrei A.
Gromyko urges Assembly to hear Jews.
May 4. Irgun bombs prison; both Arabs and Jews escape.
Political Action Committee for Palestine seeks funds to buy parachutes for
Jews going to Palestine.
May 5. Assembly votes that Jewish Agency will speak to Political & Security
Committee, not before whole Assembly. Committee will decide whether to
hear Arabs. Both Jews and Arabs displeased about vote.
May 6. Debates continue over Jews speaking before Assembly: some
delegates feel that Jews have right to speak since Arabs had right. It is decided
that both sides can be heard.
May 8. Dr. Abba Hillel Silver presents Jewish case before Political & Security
Committee: Balfour Declaration and League of Nations both promised an
independent state. In Palestine, Jews are restricted to less than 6 percent of
the country, anti-Jewish laws are tolerated, and Jewish refugee ships are
driven away. He suggests that committee visit Palestine and displaced
persons camps in Europe. Soviet delegate Andrei Gromyko feels Big Five
should be on inquiry committee. Prior decision had ruled out Big Five.
Jew is shot by Arab band. Tel Aviv, Palestine, shops are set afire when
owners do not contribute to Jewish underground. Arab and Jewish telephone
operators in Tel Aviv and Jaffa, Palestine, strike for more pay.
May 9. Arabs speak to committee. They claim mandate is illegal and violates
self-determination; that Palestine shou Id be independent with an Arab major-
ity; that all Jewish immigration should be barred; and that displaced persons
problem should be a separate issue.
May 10. Soviet delegate Andrei Gromyko is for immediate independence, but
U.S. is against it.
May 12. Debates continue at UN. Jews want displaced persons problem
linked with Palestine and no independence until Jews become majority. Arabs
say there will be war if Jewish state is established. Jews charge that Arab
Higher Committee is headed by a man who was involved in the Nazi extermi-
nation of Jews. Arabs dislike Jewish charges against their spiritual leader and
question Jews'righttosayso,since Jews had crucified founder of Christianity.
Jews charge that British had not kept their promises and that some members
of the Higher Arab Committee rank with the worst Axis war criminals. Haj Amin
el Husseini (Arab Higher Committee) denies plotting with Nazis.
May 13. Politicals Security Committee votes to set up inquiry committee. Big
Five are barred from membership.
 Chronology—1947

May 14. Soviet delegate Andrei Gromyko proposes one Arab-Jewish state,
if idea of two states is impossible.
Irgun tells UN that British should withdraw and Palestine and Transjordan
should be Jewish.
May 15. UN General Assembly ends special session. Truce resolution is
proposed.
May 16. Violence in Palestine. Bridges are demolished.
May 18. Irgun rejectstruce during UN Palestine inquiry unless British suspend
military action.
May 19. British government protests to U.S. concerning American fund raising
for Palestinian resistance groups.
May 22. Zionists consider temporary partition of Palestine.
Arabs attack Jewish labor camp in retaliation for Haganah raid on Arab
bands.
Arabs and Jews totaling 40,000 strike against all establishments operated
by British War Ministry.
May 23. Mordei Haghetloath is boarded by British.
May 24. Arabs say they will boycott UN inquiry group if a study of European
displaced persons camps is included as part of the inquiry on Palestine.
May 26. First session of UNSCOP.
May 27. Jewish underground migration hopes to transport 1,000,000 Jews
from Europe to Palestine. Costa Rican steamer Colony Trader is detained
because it is suspected of being used to transport refugees. London charges
that non-Jewish Slavs and Poles in displaced persons camps are being
recruited for Palestine army. Zionists deny charges.
May 28. Arabs warn that any unfavorable decision by UNSCOP would be
signal for war against Palestinian Jews.
Bombing in Haifa, Palestine.
British Colonial office asks Jewish Agency to bring non-Zionist represen-
tation up to 50 percent. Anti-Zionist Jews of 17 countries including Palestine
meet in Brussels to plan a Socialist, anti-Zionist, Jewish world organization.
May 29. British foreign minister Ernest Bevin says neither Balfour Declaration
nor League of Nations meant that Arabs would be deprived of their rights.
Irgun spreads propaganda warning British are planning war against Jews.
May 30. Arabs praise British foreign minister Ernest Bevin.
June 1. Irgun promises not to harm any UN member.
June 2. Emil Sandstroem is elected chairman of UNSCOP.
June 4. Eight letter bombs sent by Stern Gang to high government officials are
found in London, England.
June 5. President Truman asks U.S. citizens not to help terrorism.
Chronology—1947

June 6. UN requests all countries to guard against departure of immigrants

for Palestine. Passengers of Yehuda Halevyare sent to Cyprus.
Palestine Inquiry Committee discusses whetherto visit displaced persons
camps in Europe.
June 9. Palestine Supreme Court upholds 1939 White Paper's ban on
transferring land to Jews in approximately 60 percent of Palestine.
June 11. For the birthday of King George VI, British free 32 Haganah
members. Haganah announces it will suspend unauthorized immigration for
two weeks.
June 12. Inquiry members leave from New York to Palestine. UNSCOP asks
UN secretary general Trygve Lie to tell British to stay execution of three
condemned Jews.
June 13. Arab Higher Committee tells UN it will boycott session.
June 14. Violence continues in Palestine.
June 16. UNSCOP holds first Jerusalem session. It receives Palestinian
government testimony in secret. Chairman Emil Sandstroem appeals to
Arabs to end their boycott of hearings.
June 17. Moshe Shertok testifies for Jews: Arab-Jewish cooperation on an
economic level is possible, but no political cooperation can occur until
immigration is permitted.
Irgun asks UNSCOP to urge British not to execute Jews on trial.
June 19. UNSCOP members visit Haifa, Palestine. Within a hundred yards of
their meeting, a kidnapping attempt is made upon British police official in a
bookshop.
Haganah member is killed by Irgun.
Haj Amin el Husseini arrives in Cairo.
June 20. In Kfar Giladi, Palestine, and Tel Hai, British troops open fire on
groups.
June 23. UNSCOP members visit Chaim Weizmann.
June 24. UNSCOP members visit Jaffa and Ramlae, both in Palestine. At
textile factory, management walks out to protest presence of Israeli press.
June 25. UNSCOP members visit Tel Aviv, Palestine.
In Jerusalem, kidnapping attempt is made upon Alan Major, a liaison
officer with UNSCOP.
June 26. UNSCOP members visit Negeb, Palestine, where, they are told,
there is room for many people.
June 27. After spending war in Berlin, Sheik Hassan Abou el Seoud, aide to
Haj Amin el Husseini, returns to Jerusalem by permission of government.
 Chronology—1947

June 28. Stern Gang shoots British soldiers.

UNSCOP visits an Arab Christian town, but American newspaper report-
ers are barred from area. In Ramallah, UNSCOP members visit a school.
Israeli press is banned from area; however, headmaster allows reporters to
come in, saying he knew nothing about the ban. Irgun sends document to
UNSCOP demanding union of Palestine and Transjordan into Jewish state.
June 29. In Haifa, Palestine, Sternists fire on cafe.
UNSCOP votes to condemn terrorism because of disregard for UN appeal
for truce.
June 30. Palestine government allows oil companies to raise prices to pay for
damage caused by bombings.
UNSCOP members visit Safad, Palestine, and Zichron Yaackov, a coastal
Jewish colony and the home of Mishmar Haemek Bentov, leader of the
Hashomer Hatzair party. Bentov tells UNSCOP that British policy has had
terrible effect on people and is wrong.
July 1. British government rejects UNSCOP's request to halt execution of
Irgun members, because UN Assembly truce resolution has no bearing on
normal process of administration of justice.
UNSCOP members visit upper Transjordan. Inhabitants report progress
made to combat malaria and work on water supplies, but they claim lack of
manpower is impeding work.
July 2. Irgun and Stern Group warn British that British authority must end
before a truce is observed.
Prime Minister Jan Christiaan Smuts of South Africa, who was a party to
Balfour Declaration, says that a national home in Palestine never meant all of
Palestine. He favors partition of Palestine into Jewish and Arab states.
UNSCOP members visit Acre, an Arab area, and Nahuriya, Palestine,
where the Jewish residents complain of land restrictions which are prevent-
ing expansion of town.
July 3. UNSCOP completes tour of Palestine. Stern Group presents docu-
ment to UNSCOP, demanding that British evacuate Palestine.
July 4. David Ben-Gurion says solution to Palestine problem is establishment
of Jewish state in all or part of Palestine: Arab minority would be safe and
Jewish settlement would bring economic development and social progress for
Arabs. D. Horowitz, head of Jewish Agency's Economic Department, claims
that Palestinian Arabs have better living conditions than Arabs elsewhere.
Dr. Emanuel Neumann succeeds Dr. Abba Hillel Silver as president of
Zionist Organization of America.
July 6. Jewish Agency officials tell UNSCOP that Britain is exploiting Pales-
tine for its own benefit. They claim that Palestine can hold two to three times
its present population with proper irrigation and industrial development.
Chronology—1947

July 6 cont. Moslem and Christian Arabs adopt resolution at Haifa, Palestine,
convention to excommunicate any Arab who sells land to a Jew.
Jamal el Husseini declares that revolt is inevitable if demands for inde-
pendence are ignored.
July 7. Bubonic plague strikes Haifa, Palestine.
David Ben-Gurion asks UN to assume temporary supervision of Palestine
while Jews build up an all-Jewish state; once there is partition, Jews can take
care of themselves.
July 8. ChaimWeizmann, former World Zionist Organization president, urges
a form of partition to satisfy both Jews and Arabs. H e criticizes British methods
against terrorism. He also urges that 1.5 million more Jews be admitted. UN
votes not to visit Cyprus, where illegal Jewish immigrants are interned.
In Paris, police seize more than a ton of arms destined for Irgun in
Palestine.
Death sentences of Irgun members are confirmed by British.
July 9. Irgun broadcast threatens retaliation if Irgun members are executed.
A Guatemalan delegate says British emergency methods make Palestine
a police state. These methods are illegal according to mandate.
July 10. Arab Higher Committee rejects latest invitation to testify before
UNSCOP.
July 11. Anglican bishop of Jerusalem, Bishop Stewart, urges that Christian
interests be protected. He also reproaches UNSCOP members for meeting on
Sundays.
Two British intelligence sergeants are kidnapped in Natanya, Palestine.
July 13. Palestinian Jewish Communist party condemns "Anglo-American
imperialists."
Haganah says it rejects terrorism and is strong enough to defend Palestine
from Arab attacks.
July 14. Judah L. Magnes, Hebrew University president, recommends a
binational state with Jews and Arabs having equal representation despite
unequal population.
Martial law in Natanya, Palestine.
July 15. Aharan Cohen, secretary of League for Jewish-Arab Cooperation
and Rapprochment, says that Fawzi Darwish el Husseini, relative of Haj Amin
el Husseini and former anti-Zionist, formed a new Palestine Society and made
an agreement November 11,1946, to cooperate with the League; however,
he was murdered before he could cooperate.
 Chronology— 1947

July 15 cont. Father Gustos, head of Franciscan order in Palestine, tells

UNSCOP members that he is concerned about future security of holy places.
UNSCOP members also hear representatives of Sephardic sect of Judaism,
who are concerned about plight of Jews in Arab countries. Jewish Commu-
nists claim Fascists have entered England. They oppose Dr. Judah L.
Magnes's parity idea. The League for Jewish-Arab Cooperation and Rap-
prochement says British are trying to drive Arabs and Jews apart.
July 17. At an UNSCOP meeting, Jewish Federation of Laborclaims Europe,
except Sweden, is anti-Semitic. Moshe Shertok of Jewish Agency denies that
21 Arab villages were wiped out by Jewish land purchases and settlement. He
criticizes Palestinian government, especially in their failure to develop land.
July 18. Moshe Shertok of Jewish Agency continues speaking before
UNSCOP. He says Palestine must be a Jewish state and criticizes Dr. Judah
L. Magnes's plan as impractical. The Palestine Communist Union urges
British withdrawal.
British warship escorts American-manned Exodus 1947\o Haifa, Pales-
tine, after battle. UNSCOP members watch as illegal immigrants sail for
Cyprus.
July 19. Palestinian government reports to UN that Jewish campaign of
lawlessness has cost 70 lives and $6 million since 1940.
July 21. It is found that Exodus 7947passengers went to France, not Cyprus.
July 22. UNSCOP holds its first plenary session.
July 23. A Washington Post editorial criticizes British for their part in Exodus
incident. By their actions, British have stirred anti-British sentiment.
July 24. UN Committee members fly to Transjordan. Arabs say Palestine
belongs to Arabs and that they had never accepted the Balfour Declaration.
They want an unpartitioned, independent Palestine with an Arab majority.
The Jews are invaders and there should be a ban on Jews buying land. The
European refugee problem is of no concern to them. They blame Zionists for
problem: Jews and Arabs had lived in peace until Zionists poisoned relations.
The standard of living for Palestinian Arabs is the same as that of Arabs in
other countries and does not need to be improved by Jews living in Palestine.
They warn that an unfavorable decision would bring Arab force.
Demonstrators in New York protest British treatment of Exodus passen-
gers. Claims are made that American citizen was murdered by British.
July 25. UNSCOP leaves for Geneva. Jewish Agency sends letter to UN
protesting British inhumanity to refugees.
Haganah sinks Empire Lifeguard.
July 26. Menahem Beigin, Irgun leader, claims that Haganah helped plan
King David Hotel bombing.
July 28. Two Haganah ships are seized; passengers are sent to Cyprus.
Chronology—1947

July 29.1 rgun members are executed for blowing up prison and liberating 200
Arab and Jewish prisoners. Jews compare executions to sentencing of Nazi
field marshal Albert Kesselring, whose death sentence was commuted.
Passengers of Exodus 7947refuse to debark in France. The French say
they will not use force.
July 30. Irgun hangs two British sergeants in reprisal for executions of three
I rgun members.
UNSCOP votes to visit displaced persons camps in Europe.
August 1. Anti-British riots in Tel Aviv, Palestine. Jewish leaders call for end
of terrorism. Dr. Abba Hillel Silver blames hostage killings on British for
depriving Jews of a homeland. In Liverpool, England, and Glasgow, Scotland,
there are anti-Semitic outbreaks to protest executions of British sergeants.
August 2. In U.S. cities anti-British slogans, swastikas, and dollar signs are
painted on British consulates.
August 3. Haganah warns that British who killed Jews in Tel Aviv, Palestine,
will be found and punished.
August 4. British blow up a Jewish home where arms had been found.
August 5. British security forces arrest thirty-five Zionist leaders and send
them to Latrun, Palestine. Some of arrested leaders had decided to begin a
campaign against terrorism.
Irgun blows up Department of Labor in Jerusalem.
Anti-Semitic outbreaks diminish in Liverpool, Manchester, Cardiff, and
other cities in United Kingdom.
August 6. An Irgun broadcast assails British tyranny and hopes for U.S.
support. Irgun compares Jewish struggle for independence to U.S. colonists'
struggle in Revolutionary War.
August 8. UNSCOP leaves Geneva, Switzerland, to tour European displaced
persons camps.
August 9. Irgun derails train.
August 14. UNSCOP returns to Geneva, Switzerland. It reports that, with anti-
Semitism growing, more displaced persons want to go to Palestine.
August 16. Arab-Jew clashes in the Palestinian cities of Tel Aviv and Jaffa.
August 21. Rabbi Baruch Korff, cochairman of Political Action Committee for
Palestine, discloses that immigration will begin by airplane unless UN opens
Holy Land to unlimited immigration.
August 23. Empire Heywood sails for Cyprus after authorities are told ship
would be bombed again.
August 24. Jamal el Husseini declares that if Jewish immigration continues,
then illegal Arab immigration will start.
August 29. British High Commissioner Alan Gordon Cunningham decrees
that public is banned from trials involving members of British security forces.
 Chronology—1947

August 29 cont. Three British ships carrying 4,300 Jewish Exodus refugees
sail from Gibraltarto Hamburg, Germany. British had requested of French that
Jews return to France by train. Jewish Agency and Jewish National Council
had denounced British and had appealed to the UN. A special London,
England, court had denied a writ of habeas corpus halting refugees' return to
Germany.
August 31. UN Special Committee on Palestine decides unanimously that:
(1) Palestine will be released from the mandate and made independent; (2)
religious minorities and holy places will be protected; (3) European Jews
should be helped. Majority plan is to partition Palestine into two sovereign
states to become independent September 1, 1949. British will administer
Palestine under UN supervision for two years until its independence. In this
two-year period 150,000 Jews will be admitted. If independence is delayed,
Jewish area will accept only 60,000 Jews per year. A minority plan calls for
a federation.
September. Nation Associates publishes a paper comparing British rule in
Palestine to Nazi rule.
September 1. Jews favor majority plan. Arabs displeased with plan, espe-
cially to give Jaffa, an Arab port, to Jews.
September 7. French claim that Stern Group had planned to attack London.
September 9. British troops force debarkation of Exodus 1947 Jews in
Hamburg, Germany.
In Tel Aviv, Palestine, an area security officer is killed in house bombing.
September 10. Secretary of State George C. Marshall announces that U.S.
had urged British to reconsidersendingExodusgroupto Germany. British had
replied there were no facilities to house them elsewhere.
September 11. France volunteers to admit Exodus Jews if they are not
forcibly deported from Germany.
Some Zionists are released from Latrun, Palestine, concentration camp.
September 12. Irgun threatens to assassinate British representatives in U .S.
zone of Germany.
Sami Effendi Taha, secretary general of Arab Labor Federation and
political opponent of exiled grand mufti of Jerusalem, is assassinated.
September 16-19. British seize alleged Jewish and Arab terrorists in raids.
September 20. British cabinet favors UNSCOP recommendations if UN will
share responsibility for putting them into effect.
September 22. An Arab spokesman announces that all Arab states secretly
agreed 15 months previously to sever ties with Europe and U.S. if UN tries to
partition Palestine.
Hawaii Branch of American Association for United Nations and Zionist
Organization of Hawaii call upon U.S. to support UNSCOP and its majority
report.
Chronology— 1947

September 23. Haganah recruits and trains in preparation for Arabs.

September 24. Jews defy British decree and observe Yom Kippur at Wailing
Wall in Jerusalem.
September 25. Exodus 1947 Jews reject offer of transfer to France.
September 26. British colonial secretary Arthur Creech-Jones announces to
new Committee on Palestine (Ad-Hoc Committee) that British will relinquish
mandate at an early, unspecified date even if UN has not solved Palestine
problem. He also declares that Britain will not force a settlement on Arabs and
Jews.
At Assembly Dr. Herbert V. Evatt is elected chairman of Committee on
Palestine.
September 27. AfAlPi passengers resist British.
September 28. Palestine Resistance Committee publishes ad in the World
claiming that British are killing Jews immigrating to Palestine. They compare
British imperialistic policies with past British policy in American colonies, India,
and Egypt.
September 29. Bombings in Palestine.
Arab Higher Committee tells Assembly's Palestine Committee that Arabs
will fight reorganization, except as an independent, unpartitioned state under
an Arab majority. They say Palestine problem could be solved if U.S. and
Britain would stop favoring Zionists.
October 1. Arabs propose resolution against any immigration which would
disturb friendly relations between neighboring countries.
October 2. Jewish Agency reluctantly accepts partition. Dr. Abba Hillel Silver
says Jews can defend themselves when they gain independence.
British board the Paducah from Bulgaria.
October 3. Arabs stage one-day general strike as demonstration for inde-
pendence without partition.
Northlands from Rumania is intercepted at Haifa, Palestine.
Octobers. Arab League Council in Lebanon recommends that military forces
should be sent to Palestine's borders to help Palestinian Arabs, if Jews try to
seize Palestine at the time of British withdrawal.
October 10. Arab troops begin to move toward Palestinian borders.
October 13. Bombings occur at U.S., Polish, and Swedish consulates in
Jerusalem. Committee for Arab Holy War claims responsibility.
U.S. State Department announces it will not issue passports to American
citizens who take part in any hostilities in Palestine on either side.
October 16. David Ben-Gurion of Jewish Agency invites Irgun and Fighters
for Freedom of Israel (Stern Group) to disband and join official Zionist militia,
Haganah. Plans are drafted for Jewish state after British withdrawal.
October 18. Arabs send troops to Syrian and Lebanese borders to replace
British. Zionists protest that Arab troops are on both sides of northern
Palestinian border.
 Chronology—1947

October 20. Arab Youth Organization calls on Palestinian Arabs to register.

October 21. British high commissioner Alan Gordon Cunningham visits
Syrian frontier. He asks both Jews and Arabs to avoid incidents.
American Christian Palestine Committee urges U.S. support for partition.
EnverNashashibi, member of Arab Palestinian UN delegation, visits Chile
to purchase agricultural machinery destined for Palestine.
October 22. Jewish National Council organizes a legal department, which
could draft state constitution.
October 23. Iraq announces it will march into Palestine if partition occurs.
Jewish refugees detained in Cyprus offer their quota of 750 Palestinian
immigration certificates to 400 Exodus refugees in Germany.
October 26. The Syrian and Lebanese American Federation of the Eastern
States expresses concern for American-Arab relations. They say Americans
and Arabs have long-standing friendship and cite strategic importance of the
Arab world for world peace and U.S. demand for raw resources of Middle East.
They state Jewish claim to Palestine violates internationally accepted prin-
ciples of justice.
November 11. Vaad Leumi (Jewish National Council) votes to raise money
for defense fund against Arab and Jewish terrorists.
November 12. Jewish Agency plans to establish Jewish state within bounda-
ries set by UNSCOP, regardless of any UN decision. There are rumors that
King Abdullah of Jordan plans to take over part of Palestine outside Jewish
state.
November 14. Violence in Palestine after British kill three girls and two boys
at a farmhouse where an arsenal was found.
November 15. British foreign office denies that Britain plans to take over
financial surplus in Palestine treasury to pay for costs of evacuation and
fighting illegal Jewish immigration.
November 16. The Kadimah is seized.
November 17. British administration plans to sell state-owned real estate
along Haifa, Palestine, waterfront and to invest in England money from bonds
sold to Palestinians.
November 22. Violence in Palestine.
November 24. Jewish Agency begins registration of Jewish youths to work for
and defend Jewish state.
November 25. In a final effort for Jewish-Arab compromise, Arabs propose
a new plan for a federal state.
November 26. Louis Bromfield, cochairman of American League for Free
Palestine, charges that Arabs have obtained surplus U.S. arms.
November 28. In Haifa, Palestine, British admit 1,450 Jews from Cyprus,
ahead of immigration quota.
Chronology—1947

November 29. UN General Assembly votes for Resolution 181, the partition
of Palestine into Jewish and Arab states by October 1,1948, with Jerusalem
to be under a UN trusteeship. Jews approve; Arabs reject. Arabs say they are
not bound by decision andchargethat U.S. and Soviet Unioncoerced smaller
countries to vote for partition.
November 30. Arab attacks on Jews begin.
December 1. Arab League plans to meet and discuss resistance of partition.
Zionist Organization of America forms plans to establish a new Jewish
state. The organization's president, Emanuel Neumann, demands that UN
recognize Jewish volunteer defense units as Jewish militia.
December 2. UN Trusteeship Council sets up committee to draft constitution
for Jerusalem international zone.
Decembers. The U.S. State Department announces that no arms will be sent
to Middle East.
December 6. Violence between Haganah and Arabs.
December 7. During World Jewish Congress, Jews charge that anti-Jewish
violence is occurring in Iran.
Decembers. Egypt and Lebanon askto be heard during UN debates. Jewish
Agency also asks; however, a precedent would be set by Security Council if
they admitted an entity other than a country.
December 9. Security Council tables a debate on partition after Syria reports
that Arabs will question legality of such a partition.
December 10. British will not alter quota of 1,500 immigrants a month.
December 11. British government announces its intention to terminate its
responsibility under mandate on May 15, 1948. Colonial Secretary Arthur
Creech-Jones of Britain appeals to UN to speed up its partition plans.
Zionist Organization of America urges U.S. to provide ships for Palestinian
settlement and to arm Jewish Agency defense forces.
Catholic, Protestant, and Jewish groups plan for displaced persons to
settle in U.S.
December 12. UN Trusteeship Subcommittee announces that international-
ized Jerusalem will only have a police force which can call on UN Security
Council if more order is needed. Legislature is legally "rigged" so a minority
group will keep a balance of power between Jewish and Arab factors.
British foreign minister Ernest Bevin asks Jews for moratorium on illegal
immigration while mandate is in power.
King Ibn Saud promises that Arabs will protect and maintain American oil
operations. He also hopes that U.S. will correct its "mistake" on Palestine (the
partition).
Dr. Irving E. Medoff of New Jersey had written to U.S. State Department
concerning his interest in organizing air force groups to perform scare
missions on Arabs in Palestine. Gordon P. Merriam, chief of Division of Near
Eastern Affairs, refers Medoff to UN, since Palestine is a UN matter.
 Chronology— 1948

December 13. Arab League tells U.S. and Britain that partition would be
considered a hostile act toward Moslems.
Zionist Organization of America urges that the U.S. provide ships for Jews
going to Palestine and help arm Jewish Agency defense forces.
December 17. Arab League council announces it will stop proposed division
of Holy Land by force and begin raids on Jewish communities in Palestine; and
they buy arms.
Moshe Shertok, Jewish Agency political head, charges that British are
obstructing partition and that British administration does not protect Jews from
Arab attacks, yet they prevent Jews from defending themselves. Dr. Nahum
Goldmann, Jewish Agency executive, reports Jewish plans for Swiss-like
neutrality.
U.S. State Department fears USSR is supplying arms to both sides of
Palestine conflict.
December 18. Congressmen Andrew L. Somers (New York) and Hugh D.
Scott (Pennsylvania) call on U.S. to transfer 210,000 Jews in U.S.-occupied
Europe to Palestine by October 1,1948.
December 19. Prepared to go to Palestine, Arab guerrilla forces gather in
Damascus, Syria, recruiting in Damascus and Beirut, Lebanon.
December 20-31. Violence in Palestine.
December 21. Arabs plan to win full control of Palestine and set up an all-Arab
state.
Jewish Agency gives Haganah approval to raid Arab villages and search
for Arab soldiers.
December 28. Moshe Sneh resigns as Jewish Agency executive; he criticizes
Agency for emphasis on a friendship with the West and says they should pay
more attention to Soviet Union.

1948
January 1. United Nations lands with 700 Jews from Italy. British Navy escorts
Pan York and Pan Crescent\o Cyprus.
January 3-10. Jewish Agency purchases U.S. war surplus high explosives.
January 4-5. Series of Jewish bombings.
January 6. British denounce Jewish attacks. Jews ask why British did not
denounce Arab attacks.
Bombing of Semiramis Hotel.
January 9. Arabs from Syria go to Palestine; Lebanon protests when Syrians
cross Lebanon to reach Palestine.
British convoy of food for Jews is besieged in Old City of Jerusalem.
First meeting of UN Palestine Committee.
January 10. Strong Arab attacks occur near Jerusalem, Lydda, and Jaffa, all
in Palestine.
Chronology— 1948

January 12. Jewish Agency announces it is ready with an interim government

whenever UN decides in favor of partition.
January 13. U.S. War Assets Administration, on orders of secretary of the
army, cancels sale of M-3 explosives to Jewish Agency.
January 14-15. FBI arrests six New York men on charges of trying to ship
60,000 pounds of TNT to Haganah.
January 14. British give UN committee secret report on plans to leave
Palestine. British also defend selling of arms to Arab states. They say arms
are bought under friendship treaties which cannot be suspended except for
violations of UN charter. British intend for Palestinian troops to be transferred
to Cyprus.
January 15. Moshe Shertok, political head of Jewish Agency, discusses
Jewish case before UN Palestine Committee. He stresses need for interna-
tional army in Palestine or approval for Jewish militia to import arms.
Arab League announces that once British leave, all of Palestine will be
occupied by Arabs.
January 16-17. Arab-Jewish clashes in Haifa, Palestine.
January 19. Arabs continue boycott of entire partition plan.
January 21. British refuses to comply with UN General Assembly's request
that port and inland areas be open to Jews in Palestine. British intend to keep
1,500-a-month quota.
January 23-24. Violence almost at halt for Moslem holy rites.
January 23. UN Committee intends to tell Security Council that armed
backing of their plan is vital. U.S. dislikes idea of sending troops to Palestine.
January 25. Battle outside Jerusalem.
January 26-27. Golda Myerson (later Golda Meir) of Jewish Agency tells
Committee that Jews must arm against Arab threats. Moshe Shertok, political
head of Jewish Agency, asks UN to encourage U.S. to lift embargo on arms
to Middle East.
January 27. Jewish Agency recruits for Haganah.
January 28. Dr. Abba Hillel Silver, of Jewish Agency, campaigns for American
support for armed backing of partition.
British warn Arab League of Transjordan that its subsidy will be withdrawn
if it attacks Palestinian Jews. Arab Higher Committee announces that Arabs.
are storing six-month supply of food to prepare for war.
January 29. Secretary of state had confirmed embargo and now announces
that Americans will lose passports if they fight for either side.
UN Palestine Committee decides to help Jews organize defense force.
January 30. British government tells UN Palestine Committee it will not let
Jews organize and train militia before mandate is surrendered. British dislike
partition plan and announce Palestine Committee will only be protected for
two weeks before mandate ends.
 Chronology—1948

January 31. British officials say that 1,000 Russian-speaking Communists

were aboard Pan York and Pan Crescent.
February 1. Moshe Shertok denies that Communist agents were on Pan York
and Pan Crescent.
February 2-3. At a council in Damascus, Syria and Iraq express desire to hold
command and not give command to Mufti of Jerusalem.
February 2. UN Committee informs Security Council that partitioning might
end in a fiasco if enforcement is not adequate.
Irgun threatens to raid beyond Palestinian borders.
February 4. David Ben-Gurion announces that Jews could maintain order if
they were so authorized.
Small countries deny Arab claim that U.S. coerced them to favor partition.
February 6. British tell Bulgarians not to help illegal immigration.
February 7. UN Palestine Committee appeals to British to let Jews and Arabs
train militia and promises militia will not see action until British withdraw.
February 9. Pablo de Azcarate is appointed deputy secretary of Palestine
Committee.
February 10. British invite Palestine Committee to conference in London,
England, to discuss Palestine.
British prevent Arabs from moving bombs into Jerusalem's Old City.
Jews execute ten Arabs.
February 11. Passengers of Beleaguered Jerusalem are sent to Cyprus.
UN secretary general Trygve Lie says he will go to Palestine if necessary
to see that UN decisions are upheld.
February 12. President Truman announces that UN will have to decide how
to enforce partitioning and that U.S. will support UN.
British clash with Arab raiders from Syria.
British report that many Arabs are in Palestine but British lack forces to run
them out.
February 14. Secretary of State George C. Marshall defends British sale of
arms to Arabs and says UN policy was not interfered with.
Haganah announces that it is prepared to fight Arabs but needs U.S. arms.
February 15. Congressman John W. McCormack (Massachusetts), House of
Representatives Democratic whip, assails embargo.
Jews raid Arab settlement in Galilee.
February 16. Arab assault on Tirat Ziv is repelled by British and Jews.
UN Palestine Committee reports to Security Council that UN military force
would be needed to save Palestine partition. Report criticizes Arabs for trying
to alter partition by force, Jews for violence, and British for refusing to allow
Jewish militia to be organized and armed immediately. Committee reports that
between November 30, 1947, and February 1, 1948, 869 people died in
Palestine.
Chronology— 1943

February 16 cont. Although President Truman had appealed to Arab leaders

to restrain spread of disorder in Middle East, they denounce him as chief
sponsor of Jewish state and declare they will fight partition against all odds.
February 17. Arab League works on plan for all-Arab Palestine.
Senator Owen Brewster (Maine) calls embargo illegal.
February 18. Secretary of State George C. Marshall announces that U.S.
policy concerning Palestine will be kept secret until Security Council meets
next week.
Eleanor Roosevelt and Herbert H. Lehman, former New York governor,
urge that embargo be lifted.
UN Secretariat imposes security ban on publishing pictures or travel
routes of staff members going to Palestine. Colonial Secretary Arthur Creech-
Jones of Britain warns that Arab threats to kill UN emissaries should not be
taken lightly.
February 19. Citizens group led by Dr. Virginia C. Gildersleeve protests that
partition has brought war, not peace. They suggest that the International Court
of Justice discuss Palestinian situation. They also suggest an Arab-Jewish
federation.
China advises Trusteeship Council that plans for international Jerusalem
are under discussion. China is against forcing partition on Arabs.
February 20. Arab-Jewish mortar and machine gun battle in Haifa, Palestine.
Twelve Jewish terrorists escape from prison.
February 21. Arabs decide that U.S. oil companies will not be permitted to lay
pipelines across Arab territory until U.S. renounces Holy Land partition.
Senator Robert A. Taft (Ohio), Republican presidential candidate, de-
nounces embargo on arms to Palestine and says UN forces are needed to
enforce partition.
Britain drops Palestine and Transjordan from sterling currency group and
blocks Palestine's $400 million in sterling balances, pending talks with
partition group.
February 22. Ben-Yehuda bombing in Jerusalem disrupts business of Jewish
center. Arabs claim responsibility.
British Parliament reacts angrily to Jewish killing of British over Ben-
Yehuda bombing and to Jewish Agency charge that British rule is pro-Arab.
British, Jews, and Arabs clash.
February 23. Palestine government rejects Jewish Agency's request to
withdraw British soldiers and police from Jewish quarter of Jerusalem.
 Chronology—1948

February 24. Colonial Secretary Arthur Creech-Jones reaffirms Britain's

decision to end mandate on May 15. Britain wants to stop squandering British
lives to enforce a policy which is resisted by both sides. Warren Austin, U.S.
ambassador to UN, announces American position before session of UN
Security Council: Security Council under UN Charter can organize armed
force to maintain international peace, but not for only enforcement of partition;
Committee of Council's Big Five should ascertain whether the situation in
Palestine threatens world peace. Paris el-Khouri, Syrian delegate to UN,
assails "foreign invasion" of Jews and suggests that International Court of
Justice should hear case.
February 25. Henry A. Wallace (New Republic editor) calls U.S. statement a
"sellout" for Arab oil.
February 26. Shukri al-Kuwatli, Syrian president, declares that if U.S. urges
use of force against Arabs, no pipelines will be built through Syria or any other
Arab country by either American or British companies.
February 27. Moshe Shertok, political head of Jewish Agency, says partition
is only minimum of Jewish demands and urges Council to call on member
states to lift arms embargoes.
Sixty-two civic, labor, business, women's, farmers', and veterans' organi-
zations demand that U.S. give aid to Palestinian Jews.
Two anti-Communist Polish residents of Jerusalem are executed by
Sternists as Arab spies.
February 28. Jewish people raid Syria in search of food.
February 29. Train bound forHaifa, Palestine, from Cairo, Egypt, is blown up
in an area which police had turned over to Jews. Sternists claim responsibil-
ity in retaliation for Ben-Yehuda street bombing.
March 1. British mandate denounces Jewish Agency because British claim
that Jewish Agency had been circulating false charges that British were
responsible for Ben-Yehuda bombing and that Jewish Agency tolerates
Jewish terrorism for political reasons. British denounce Jews in Palestine,
saying they have no right to be considered a civilized people.
British lieutenant general G.H.A. McMillan's car is fired on and bombed in
Jerusalem; McMillan was not in the car.
March 2. Jews tell UN that Jewish Agency had considered a drive against
Irgun and Stern Gang. They claim renegade British security personnel
committed Ben-Yehuda bombing and that British are giving arms to Arabs.
British and Jews rout Arab snipers on Tel Aviv, Palestine, highway. In
North, Haganah fights against Arab raids,and Sternists attack Arab office
building in Haifa, Palestine.
Colonial Secretary Arthur Creech-Jones of Britain declares that Palestine
problem is becoming insoluble.
New Jewish Council begins work on organization of Jewish provisional
government.
Chronology— 1948

March 2 cont. American Committee for Justice and Peace in the Holy Land
is established with Dr. Virginia C. Gildersleeve as chairman. Group is made
up of 100 leading churchmen and educators. Kermit Roosevelt, grandson of
Theodore Roosevelt, is executive director. They say UN has produced war,
not peace, and U.S. has been led into Middle East by following policies
Zionists have urged upon government.
March 3. Advance guard of Palestine Committee secretariat reaches Jerusa-
lem under heavy security.
Leaders of 11 Christian communities urge partition be shelved, in order to
have peace.
March 4. Arabs attack Haganah youths.
Fauzi Bey el-Kawaky, Arab People's Army commander, enters Palestine
from Syria.
March 5. Haganah kills Arabs near Tel Aviv, Palestine.
British high commissioner Alan Gordon Cunningham appeals that no one
hurt any member of Palestine Committee.
Security Council accepts U.S.-Russian plan for ten days of informal Big
Five consultations concerning guidance to be given to Palestine Committee
about partition of Palestine. Warren Austin of U.S. and Andrei Gromyko of
Soviet Union are against forcing a partition on the Arabs.
Zionist spokesman Dr. Abba Hillel Silver tells Security Council that
Palestinian Jews would fight for their own state even if UN abandoned
partition.
Jewish Agency announces that large-scale arms shipments will arrive in
Palestine in May.
March 6. British troops, police, and families sail from Haifa, Palestine. Nearby
are clashes between Jews and Arabs.
Paris police seize arms destined for Palestine.
Transjordan seeks admission to UN. Emissary announces that King
Abdullah of Transjordan has offered to recognize Jewish state in Palestine if
he can annex Arab Palestine.
March 7. Haganah claims it can draft U.S. citizens living in Palestine.
March 8-12. Informal big-power conferences concerning Palestine are held.
March 8. British insist that no Jewish militia will be allowed until May 15, end
of mandate.
Haganah and Irgun agree to coordinate actions but fail to reach merger.
American columnist Drew Pearson reports that President Truman called
Jews disloyal.
March 9. Soviet Union accuses some countries of weakening on partition
issue. U.S. says the Soviet Union is prejudicing talks.
Jewish Agency submits to Palestine Committee a plan for provisional
Jewish government.
 Chronology— 1948

March 10. British House of Commons approves mandate termination.

American spokesman reports that U.S. would favor federation instead of
partition if everyone agrees.
March 11. Soviet Union charges that Arab oil and politics are swaying
American policy on Palestine. Soviet deputy foreign minister Andrei Gromyko
opposes further consultation with Jews and Arabs since their views are
known. U.S., France, and China urge UN Security Council to invite both
Jewish Agency and Arabs for conferences.
Democrat senators and congressmen ask Secretary of State George C.
Marshall to support UN partition plan.
President Truman calls Drew Pearson report a lie.
Jewish Agency Building in Jerusalem is bombed.
Communists and leftist labor groups stage a protest rally against U.S. for
betraying partition plan.
March 12. Dr. Abba Hillel Silver proposes that Security Council support UN
Palestine Committee by declaring Holy Land situation a threat to peace. He
calls on Arabs to cease resistance and asks UN to give arms to Jews but
withhold arms from Arabs. Moshe Shertok, Jewish Agency, says Jews will not
compromise on partition.
Arab Higher Committee charges in a "Black Paper" that Jewish Agency is
organizing trained "illegal immigrants" in Europe for war service. Arabs also
charge that Jewish Agency has set up laboratories for bacteriological warfare.
Drew Pearson, in his column the "Washington Merry-Go-Round," reports
reasons for President Truman's backing down on partition question. He
claims that U.S. does not want any Russians in Palestine even as part of UN
forces.
March 17. U.S.-Russia-France-Chinaconferenceconcerning Palestine prob-
lem ends.They agree Palestine cannot become a threat to world peace.
March 18. Meeting held between President Truman and Israeli president
ChaimWeizmann.
March 19. U.S. abandons support of partition, which comes as surprise to UN
and Palestinian Jews. Warren Austin, U.S. ambassador to UN, proposes
special General Assembly session to create UN trusteeship under which
further efforts can be made to reach Jewish-Arab compromise. Jews claim
they have been betrayed and announce they will fight for a separate state
regardless of any UN decision. U.S. claims that partition cannot be imple-
mented by peaceful means, that there is a need to maintain peace and have
Jews and Arabs reach a decision, and that Security Council should instruct
Palestine Committee to suspend its efforts to implement partition. Soviet
deputy foreign minister Andrei Gromyko claims a peaceful partition is still
possible.
Chronology—1948

March 20. Secretary of State George C. Marshall reports he recommended

a halt-of-partition plan to President Truman. Dr. Abba Hillel Silver says he is
shocked; U.S. had saved partition plan last November. Israeli prime minister
David Ben-Gurion says Jews cannot agree to a trusteeship. Arabs are happy
about American comments but say nothing about a trusteeship. British insist
that May 15 is the last day of the mandate despite the U.S. policy, and that UN
will have to decide about Palestine's future after May 15.
March 21-27. Heaviest battles between Arabs and Jews occur. Jews use
planes for first time during battles.
March 21. Dr. Abba Hillel Silver warns U.S. that efforts to enforce a trustee-
ship would mean bloodshed. Robert Taft, Republican presidential candidate,
claims that UN force to support partition is about equal to UN force preventing
partition.
Moscow radio broadcast charges that U.S. policy is concerned with Arab
oil.
March 23. Governor Thomas E. Dewey (New York) assails President Tru-
man's policy shift. Committee for Peace and Justice in the Holy Land favors
Truman's plan.
Jewish Agency and Vaad Leu mi of the Jewish National Council decide to
set up provisional government May 16.
British foreign minister Ernest Bevin disclaims rumors that the U.S.
persuaded Britain to extend its mandate and says final date is still May 15.
March 24. In a closed session, Secretary of State George C. Marshall tells
Senate Foreign Relations Committee that U.S. could not agree to enforce-
ment of partition and that Russian troops in Holy Land may be hard to dislodge.
Arabs claim that U.S. will consider partition again after Jews have built up
their forces.
France protests that enforcing partition is the same as enforcing trustee-
ship.
March 25. Chaim Weizmann does not favor a trusteeship and believes that
American reversal will encourage Arab aggression.
President Truman claims that trusteeship is not a substitute for partition,
only an emergency action to ensure peace. U.S. will help UN to reach a
peaceful settlement. In a press conference, Truman urges an Arab-Jewish
truce.
March 26. Jewish Agency suggests that 10,000 Danish and Norwegian
troops be sent to police Jerusalem.
Near Jerusalem, Arab gunners command the Way of the Cross near
Jerusalem. Small groups of Christians (mostly Arabs) continue their Good
Friday observances.
March 27. "Solomon's Pool" battle. Battle in Northern Palestine at Kabini.
March 28. Fighting near Jerusalem and Bethlehem curtails Easter activities.
 Chronology—1948

March 29. American League for a Free Palestine recruits for George Wash-
ington brigade.
Warren Austin, U.S. ambassador to UN .reports that partition could not be
enforced by UN Security Council, since the General Assembly resolution is
only a recommendation. A trusteeship is a different matter, especially if the
trusteeship plan uses partition as an objective.
March 30. State Department denies passports for those wishing to join
fighting forces.
British appoint Sir Hugh Dow to become diplomatic representative in
Palestine after May 15.
U.S. and many Western and Latin American countries favor trusteeship.
Soviet Union and Jewish groups favor a separate Jewish state. Soviet Union
says a peaceful partition is possible and claims U.S. is concerned about oil
and military position in Middle East.
Arab charter for Palestine would prevent Jews from gaining sovereignty
over Palestinian soil.
Jewish Agency and Arab Higher Commitee allow International Red Cross
to work in areas of Palestinian fighting. Arabs continue to disrupt truck
convoys and starve out Jewish communities.
March 31. Palestine Committee votes to organize a 1,000-member non-
Palestinian police force for Jerusalem. UN Security Council asks Arab Higher
Committee and Jewish Agency to halt violence, but violence continues.
Jews in Jerusalem ration bread.
Train bound for Haifa, Palestine, is blown up.
April 1. UN Security Council ends 37 days of considering Palestine partition.
Council passes U.S. resolution for a truce and schedules special assembly
meeting to start April 16. Question of a trusteeship will be saved for assembly.
Moshe Shertok, Jewish Agency, says Jews will not settle for anything less
than a Jewish state.
Arabs hope special assembly will reconsider the blunder, as they call the
partition plan.
Sir Alexander Cadogan tells Security Council that British refuse to have
troops in Palestine, not even to help UN.
April 2. Palestine Committee continues work on partition plan, pending
assembly action.
April 3. High Commissioner Alan Gordon Cunningham of Britain appeals to
all Palestinians to halt violence. Jewish Agency asks for withdrawal of foreign
Arabs.
Haganah captures Arab Kastel on Jerusalem-Tel Aviv highway.
April 4. Six thousand Palestinians living abroad are asked to return to
Palestine to register for military service.
Pro-Zionist rally held in New York.
Chronology—1948

April 4 cont. American Jewish Congress urges abandonment of American

trusteeship plan. Dr. Stephen S. Wise is elected president of American Jewish
Congress for his seventh term.
April 5-10. Special General Assembly negotiates informally.
April 5. At a Security Council meeting, U.S. proposes its plan for trusteeship:
trusteeship will be enforced, but UN forces will not include Russians; trustee-
ship will end when Arabs and Jews agree on a government, immigration, and
land purchases. Arabs and Jews reject this plan.
Arab League Yarmouck (People's) Army raids Jewish settlements in
northern Palestine.
April 6-8. At Zionist General Council, David Ben-Gurion asks that a central
Jewish government authority be created at once. Jews should not support any
bloc of powers or Soviet Union.
April 6. Irgun invades British camp near Pardes Hannah in search of arms.
April 7. Security Council president Alfonso Lopez of Colombia opens truce
negotiations with Jamal el Husseini and Moshe Shertok.
Britain reminds UN that $6 million will be needed to buy food for Palestine
for the period May 15 to June 30.
April 8. Talks encounter difficulties.
Prayer services for Jewish state are held throughout U.S.
Arabs recapture Kastel, Palestine.
April 9. Haganah recaptures Kastel, Palestine.
Irgun and Stern Group storm Deir Yassin, an Arab Jerusalem suburb. This
village had refused entry to volunteer Arab units and was not involved in any
attack on Jewish areas. Women and children are killed. Arabs flee othertowns
after hearing of Deir Yassin.
State Department refuses to lift embargo on arms. Acting Secretary of
State Robert Lovett says more weapons mean more violence.
April 10. Warren Austin, U.S. ambassador to UN, says that Arabs and Jews
are eager to have peace and that a truce is possible.
American Association for UN proposes that Palestine Committee be
allowed to import American arms and recruit American volunteers to enforce
partition.
Jewish Jerusalem is under Arab fire. Jewish and Christian religious
leaders plead for religious landmarks to be spared.
April 12. General Zionist Council announces future establishment of a Jewish
state on May 16.
April 13. Palestine Committee reports that military force is needed to keep
order, otherwise chaos will result.
Arab assault on bus convoy carrying employees of Hadassah Hospital and
Hebrew University.
Syria claims terrorists no longer listen to Jewish Agency.
 Chronology— 1948

April 15-17. Heaviest battle of Palestinian fighting occurs south of Haifa,

Palestine, on plain of Armageddon. Haganah claims a victory.
April 16. General Assembly convenes in a special session to reconsider Holy
Land problem. Dr. Jose Arce of Argentina is named Assembly president. Dr.
T.F. Siang is elected chairman of Palestine Committee.
April 17. Security Council passes formal request for a truce in Palestinian
fighting and refrainment in any political action which would prejudice the rights
of either side. British are urged to persuade Jews and Arabs.
Convoy of food trucks reaches Jerusalem.
State Department official reports of unrest in Baghdad, Iraq: drought has
caused bread shortages, rising food costs, and unemployment.
April 18-24. As British leave Haifa, Palestine, Jews take control of area.
April 18. Letter of appeal to UN General Assembly claims Palestinian Jewish
political exiles are now being detained in South Africa. Exiles were flown from
Latrun to Eritrea, Ethiopia, in 1944 and are being held without trial or charges.
April 19. Palestine Committee decides to suspend efforts on partition plan
until Assembly makes decision.
Jews take control of Tiberias, Palestine, after Arabs leave.
April 20. American trusteeship plan is suggested to General Assembly's
Political Committee. All of Palestine, not only Jerusalem, would be under UN
trusteeship plan. U.S. volunteers to provide troops to enforce trusteeship, but
Jews and Arabs must accept truce. Other countries still favor partition.
April 21. Trusteeship Council halts plans to make Jerusalem the international
capital of partitioned Palestine until a decision is made by General Assembly.
British foreign minister Ernest Bevin meets with British prime minister.
They conclude that truce is unlikely, that trusteeship will require much
enforcement, and that Britain will not participate in forcing Jews and Arabs to
solution.
April 22. U.S. attempts to have trusteeship plan referred to Trusteeship
Council.
Dr. Abba Hillel Silvertells Assembly's Political Committee that nothing will
alter plan to establish Jewish government.
Dr. Judah L. Magnes, president of Hebrew University and representative
of Ihud (Union) Association of Palestine, favors truce.
Arabs are hostile to trusteeship plan. They believe U.S. still sponsors
creation of Jewish state.
Haganah captures Haifa, Palestine. Arabs are evacuated from area.
Arabs accuse Haganah of massacre.
April 23. British high commissioner Alan Gordon Cunningham claims that no
massacre occurred. He blames Arabs because of their continuous attacks on
Jews in Haifa, Palestine.
Chronology— 1948

April 23 cont. Security Council votes to set up a Palestine truce commission.

Arabs declare that a truce is out of the question unless Jews give up idea of
separate state.
David Ben-Gurion, Jewish Agency, declares Jews "stand on the eve of a
Jewish state."
April 25-May 1. Jews step up offensive in Palestine. Arab states plan
invasion.
April 25. Arabs are bitter toward British for unannounced withdrawal from
Haifa.
Irgun attacks Arab Jaffa with well-organized assault.
Jews withdraw from Lydda, site of only commercial airport in Palestine.
Soviet Union ends boycott of UN Trusteeship Council in order to have
voice concerning future of Palestine. Boycott started March 26, 1947, on
grounds that methods for awarding trusteeships violated UN charter.
April 26. Haganah raids Acre, Palestine, whose normal population had
doubled due to Arab refugees from Haifa, Palestine.
Jewish National Council appoints David Ben-Gurion premier of the provi-
sional cabinet.
British mandate ends news censorship after 12 years.
Jewish National Council announces makeupof Jewish provisional cabinet.
King AbdullahofTransjordantells British high commissioner Alan Gordon
Cunningham that he demands sovereignty over all of Palestine and warns that
Arab states' armies will march into Palestine before May 15. He offers Jews
a national home.
Jewish Agency says it will not be swayed by threats. It would consider
conference if extremists are left out.
UN General Assembly's Political and Security Committee hears Jamal el
Husseini, who says that Arabs would never agree to partition.
April 27. Trusteeship discussions will continue; however, many countries feel
that American plan is hopeless unless commitments concerning UN enforce-
ment and Jewish immigration are included.
Moshe Shertok, Jewish Agency official, informs Political Committee that
Jews repulsed first wave of Arab invasion and that creation of a separate state
had been accomplished.
Haganah had first denounced Irgun's Jaffa assault, but now offers an
agreement saying Irgun will act under Haganah's supervision. Haganah
seizes eastern and southern suburbs of Jaffa, Palestine. Many Arabs had fled
from Jaffa. Under partition plan Jaffa would be under Arab control. Jews
announce they will hold Jaffa until Arabs agree to stop menacing communi-
ties.
Arabs loot and burn custom house in Lydda, Palestine.
 Chronology— 1948

April 27 cont. British deny that Arab forces in Jericho, Palestine, will start an
invasion. They say that when British leave, Arab forces will leave. Arab Legion
armies were subsidized, trained, and officered by British. Commander was
John Bagot Glubb. Forces in Jericho were from Arab League and assigned
by British for security duties.
President Truman says he might send American troops to Palestine.
At request of British, U.S. stops airmail service to Palestine.
Sternists continue to rob banks as part of war effort.
April 28. British turn against Irgun to prevent them from capturing Jaffa harbor
which is being used for British evacuation.
Jewish Agency and Arab Higher Committee agree in UN Trusteeship
Council to truce for old city in Jerusalem.
April 29. Andrei Gromyko of the Soviet Union opposes discussion of trustee-
ship until it is decided if UN will substitute trusteeship plan for partition.
Chairman Pablo Azcarate of UN Palestine Partition Committee arrives
from Jerusalem and reports that Jews have enforced partition with arms.
Arab Higher Committee rejects French plan of UN police force in Jerusa-
lem. Jews demand that Arabs guarantee free movements of Jews in modern
sectors of city.
UN Security Council's Truce Committee warns King Abdullah of Transjor-
dan that invasion would defy UN. King Abdullah had been vetoed from UN by
Soviet Union, so he feels that he does not have to abide by UN decisions.
Council feels they do not have enough evidence of Arab invasion, so they
cannot issue Council warning to Arab states. Truce Committee wires Council
that heavy fighting is expected.
Major General John H. Hildring of U.S., strong advocate of partition, is
named special assistant secretary of state for Palestinian affairs. Hildring had
been principal adviser to U.S. delegation during previous year when partition
had strong American backing in UN. He had remarked days earlier that Jews
should have separate state and aid to help them defend it. This appointment
removed Loy W. Henderson, pro-Arab director of Office of Near Eastern and
African Affairs, from supervision of Palestinian matters.
April 30. UN tries, without success, to hold truce to protect shrines in
Jerusalem.
Jews attack parts of Jerusalem, and Haganah seizes part of Christian Arab
Jerusalem. British step in to help Arabs. Jewish Agency defies Transjordan's
invasion threat, but offers to have conference with King Abdullah.
U.S. calls for speedy appointment of UN representative to persuade Arabs
and Jews to consider Jerusalem truce under temporary UN trusteeship.
May 1. When Arab invasion is reported, Jewish Agency appeals to Security
Council to intervene in Palestine. The report proves to be false.
May 2-8. Arabs flee Jewish Palestine.
Chronology—1948

May 2. British send army units and Royal Marine Commandos back to
Palestine.
May 3. Colonial Secretary Arthur Creech-Jones of Britain advises Political
Committee to put aside plans for trusteeship, because UN will not be able to
act on it before May 15, and that there will be no permanent solution without
lull in fighting or victory for one side. He proposes that UN set up temporary
"neutral territory" to maintain administrative and public services.
Arabs say there will be no Arab invasion of Palestine; Arabs will be present
to keep law and order.
Arab League and Jewish Agency reject compromise which called for one-
year UN trusteeship and extension of mandate to May 25.
May 4. Political Committee votes to have subcommittee draft plan using
British colonial secretary Arthur Creech-Jones's suggestions.
International Red Cross offers to administer Jerusalem as neutral zone if
both Arabs and Jews invite organization.
UN Consular Truce Committee goes to Amman, Transjordan, to talk with
King Abdullah. There is speculation that the king will only invade Arab Pales-
tine.
Jewish Legislature Council meets. David Ben-Gurion reports 150,000
Arabs have left homes, but Jews have not lost a single settlement.
Irgun claims to have captured Yehudia, which commands road between
Tel Aviv, Palestine, and the Lydda airfield.
Stern Group proclaims resumption of war against British due to addition of
British troops.
May 5-8. Haganah in Upper Galilee, Palestine, claims Arab resistance is
crushed in North. Safad, capital of Upper Galilee, almost has been deserted
by Arabs and is now controlled by Jews.
May 5. Sarona, suburb of Tel Aviv, Palestine, is bought from mandate by
Jewish National Fund and Tel Aviv municipal government to serve as capital
of Jewish state.
Political Committee adopts French working paper which calls for speedy
decisions on howtostop Arab and Jewish military operations. Decisions have
to be made concerning organization and duration of temporary authority,
Jewish immigration situation, and extent of Arab and Jewish autonomy.
Jewish Agency warns U.S. not to denounce partition. If U.S. denounces
partition, Jews will demand all of Holy Land.
In subcommittee session, Soviet Union claims there are no legal grounds
for suspension of partition plan. Soviet Union announces it will recognize Arab
state.
Arab League holds meeting to discuss invasion plans. King Abdullah of
Transjordan says he will invade Palestine whether or not Arab League
accepts armistice.
 Chronology—1948

May 6. General Assembly plans to establish trusteeship over Jerusalem.

British high commissioner will select commissioner acceptable to both Jews
and Arabs.
Haganah is redesignated as Jewish State Army. Report states that 200
planes and 150,000 immigrants will start moving from Europe to Jewish
Palestine May 15.
Letter bomb in England kills the brother of Roy Farran, who was acquitted
in 1947 of murder of Sternist youth.
May 7. Britain notifies UN that acommissionercannot be found. U.S. criticizes
British for lack of cooperation with UN.
British suggest that U.S., Belgium, and France—members of Consular
Truce Committee—be made nucleus of "neutral authority."
British send 4,000 troops from Haifa, Palestine, to England.
May 8. Negotiations among Arabs, Jews, and British in Jericho, Palestine,
produce cease-fire order for Jerusalem. Jews say they will hold fire as long as
Arabs do. Permanent agreement to make Jerusalem open city is stalled by
Arab demand that Jerusalem-Tel Aviv highway remain closed to Jewish
traffic.
May 9. Britain tells UN it will protect British economic interests in Holy Land.
May 11. Vicente J. Francisco of Philippines resigns from UN Commission on
Palestine.
May 13. Arab League declares war on Palestine Jews (called Jewish "rebels"
by Arabs) and captures Etzion bloc.
Britain offers Palestine all assistance except imposing by force a solution
not acceptable to both sides.
May 14. British high commissioner Alan Gordon Cunningham sails from
Haifa, Palestine.
Proclamation of State of Israel announced by Jewish National Council.
Land held by Israel corresponds almost exactly to partition plan.
U.S. government recognizes Israel but does not lift arms embargo.
British leave Jerusalem. Despite British and UN efforts for truce, Arab-
Jewish hostility continues. Israel says it is ready to defend itself. Heaviest
fighting occurs west and south of Jerusalem.
First Arab-Israeli War begins. (War of Independence is Jewish name.)
Egypt invades Palestine and occupies Gaza. Lebanon claims to have cap-
tured Malikya, Israel. Syria claims patrols have been sent into Israel's Upper
Galilee.
Chronology— 1948

May 14 cont. UN adjourns after voting for Arab-Jewish mediation without

repealing November 1947 partition plan. It also fails to pass new U.S. plan for
trusteeship of Jerusalem. Harold Evans is appointed to hold "neutral mayor-
ship." General Assembly is surprised by U.S. recognition. Arabs denounce
recognition and call special session a fake. Andrei Gromyko of Soviet Union
criticizes U.S. for putting UN in a ludicrous position. It is believed that
President Truman wanted to recognize Israel before Soviet Union did.
Egypt informs UN Security Council that it is ordering its army into
Palestine. Jewish Agency pleads with Council to invoke all UN charter powers
to check Arab "breach of peace."
Guatemala recognizes Israel.
May 15-22. Tel Aviv, Palestine, is under moderate air attack.
May 15. Expiration of British mandate.
Israeli government is installed in Tel Aviv, Palestine. New government
offers peace to Arabs and guarantee of protection for minorities in Israel.
Chaim Weizmann, ill in New York, is elected president of Israel.
Israel's first 1,700 Jewish immigrants land at Tel Aviv and Haifa, Palestine.
American general Lucius D. Clay promises in Frankfurt-on-the-Mainthat army
would help all legal immigrants from displaced persons camps in Germany.
Under King Abdullah's direction, armies of Egypt, Iraq, Jordan, Lebanon,
and Syria invade Israel.
May 16. Israel applies to UN for admission.
In U.S. cities, rallies are held protesting arms embargo on Israel.
Israel captures Latrun, Palestine.
May 17-22. Arab Legion of Transjordan seizes most of Jerusalem.
May 17. Chaim Weizmann accepts presidency of Israel.
Soviet Union recognizes Israel.
Warren Austin, U.S. ambassador to UN, proposes resolution to Council
that Palestine situation is threat to peace. Security Council orders end of
fighting within 36 hours.
May 18. British Foreign Office announces that Palestine is no longer mandate,
soGreat Britain is not responsible for Arab Legion. British will continue to send
treaty shipments of arms to Arabs unless UN decides that Arabs have acted
illegally.
UN truce efforts fail. International Red Cross operates in Palestine.
Czechoslovakia, Poland, Uruguay, and Nicaragua recognize Israel.
Israel gains Acre, an Arab city according to partition plan.
International Refugee Organization stops helping refugees travel to Israel
until new government is recognized by UN.
May 19. U.S. proposes that sanctions or force be used against Arab states.
British disagree. Most nations agree with Sir Alexander Cadogan that Security
Council cannot commit itself to use a UN police force not yet in existence.
 Chronology—1948

May 19 cont. Secretary of State George C. Marshall says that end of embargo
would depend on Security Council actions.
Israel seizes Ramleh, Palestine.
Yugoslavia recognizes Israel.
May 20. Council's Consular Truce Committee in Jerusalem warns UN that
only strong diplomatic or military pressure on Arab states will stop war.
In Security Council session, Vasily A. Tarasenko of Ukraine says Britain
should be declared a belligerent for supporting Arab League.
Count Folke Bernadotte is named UN mediator.
Israeli air force begins to attack Iraq's Transjordan positions in Lake
Galilee.
Lebanese authorities in Beirut take 61 Israel-bound passengers off an
American steamer, Marine Carp, claiming they are Zionists of military age.
Passengers include Americans and Canadians.
May 21. U.S. demands that Americans be released from concentration camp
and leave Lebanon.
Truce Committee pleads for large, powerful UN police force.
Paris el-Khouri of Syria says UN should thank Arabs for taking care of local
disturbance.
Arabs set up civil regimes wherever they have advanced in Palestine.
President Truman invites President Chaim Weizmann of Israel to White
House.
Chairman Styles Bridges of Senate Appropriations Committee announces
plans to investigate whether American economic aid enabled British to send
military supplies to Arabs, a charge made by Zionists.
May 22. UN calls for truce.
Arabs say they will never negotiate with Israel.
British foreign minister Ernest Bevin confers with U.S. ambassador Lewis
W. Douglas in London. British want to maintain bulwark against Soviet
expansion and communism and also safeguard oil resources. British are also
concerned that U.S. might lift arms embargo.
British propose truce plan. Arabs favor part of plan concerning embargo
of men and arms. Major Aubrey S. Eban of Jewish Agency denounces plan
as a scheme to allow Arabs to plan new attacks on Jews.
Egyptians reach Bethlehem, Palestine. Earlier they had invaded
Palestinian cities of Beersheba (May 20) and Hebron (May 21). Egyptian force
is also reported in El Majdal, Palestine.
Israeli air force supports Jewish ground forces in Jerusalem.
Egypt attacks British airfield.
May 23-29. Egypt and Israel battle in Gaza.
Chronology— 1948

May 23. Israel agrees to cease-fire on condition that Arabs also accept it.
Lebanon refuses U.S.'s demands for release of Americans.
Thomas C. Wasson, consul general in Jerusalem and a member of the UN
Security Council's Truce Committee, dies from May 22 shooting. Jews claim
snipers responsible for shooting were Arabs.
May 24. South Africa recognizes Israel.
May 25. Israeli president Chaim Weizmann visits President Truman where
Israeli president is given some hope that U.S. will lift embargo and grant loan.
May 26. Arab League conference results in rejection of May 22 plea for truce.
Arabs demand embargo on arms and men to Israel and propose that new
Jewish government suspend operations.
President and Mrs. Chaim Weizmann of Israel refuse to visit Britain in
protest of British policies, although both are British subjects.
Soviet Union opens diplomatic relations with Israel.
May 27. Sir Alexander Cadogan denies Russian and Jewish charges that the
British are running Arab Legion of Transjordan. British had ordered British
officers on leave from Legion to withdraw from Palestine. However, they have
no control over John Bagot Glubb, commander of Arab Legion, and 15 other
Britons serving as Arab Legion officers.
Israel claims to have solid hold on Syrian and Lebanese frontiers as result
of 'The Broom" operation.
May 28. In Jerusalem's old city, the long siege ends. King Abdullah of
Transjordan lays down terms of surrender.
May 29. Near Latrun, Palestine, Israeli army and Arab Legion clash. Israelis
were trying to supply Jews in modern Jerusalem.
UN Security Council makes its sixth attempt to halt war. Russian measure
supported by U.S. would have ordered unconditional cease-fire on threat of
economic sanctions or military intervention. Measure did not pass, and British
resolution was favored. Resolution calls for four-week truce. There is a
worldwide embargo of arms to entire Middle East, not only Palestine. No new
immigrants can be recruited. Soldiers cannot be imported by Israel or Arabs.
Holy shrines will be protected. Both sides must cooperate with Count Folke
Bernadotte, UN mediator. Security Council will consider action if either side
rejects new appeal or violates truce. Israel dislikes new resolution.
May 30. U.S. protests for second time the detention of 41 Americans from
Marine Carp.
May 31. Prime Minister Clement R. Attlee of Britain denies that there is an
Anglo-U.S. rift over Palestine.
Israel strikes Arab stronghold Tul Karm-Jenin-Nublus, northeast of Tel
Aviv. There is a stalemate around Latrun, Palestine, in the struggle for the Tel
Aviv-Jerusalem Road. UN truce talks impede Jerusalem fighting.
 Chronology— 1948

June 1. Israel accepts truce plan under several assumptions: (1) embargo will
prevent British from supplying Arabs with stores of British equipment located
in the Arab states; (2) lines existing at moment of truce will be held; (3) Jews
will be given normal civilian access to Jerusalem; (4) Egypt, Lebanon, and
Syria would end efforts to blockade Israel; and (5) Israel will be free to admit
any immigrant of any age, provided immigrant is not pressed into military
service or training.
Arab League meets in Amman, Transjordan, to consider UN truce appeal.
City is under air raid.
June 2. Arab League answers UN concerning truce plan. They make
following points: (1) efforts should be made toward Arab-dominated state
instead of toward making partition permanent; (2) continued Jewish immigra-
tion is threat to Arab countries; and (3) they would help Count Folke
Bernadotte and Council's Truce Committee to supervise compliance with
cease-fire. King Abdullah declares that Jewish state would never be ac-
cepted.
Paris el-Khouri, Syrian delegate to UN, is told by the Security Council that
both unconditional acceptances would allow Count Bernadotte to fix a time of
cease-fire.
British foreign minister Ernest Bevin says that Transjordan's Arab Legion
had been invited to visit Arab Palestine; there was no invasion.
Israel issues cease-fire order but resumes fighting later in the day.
Israel is recognized by Hungary. Poland and Israel exchange diplomatic
representatives.
June 3. Egypt shells Caesarea, Algeria.
British halt all deliveries of war materials to Arab states, including British
stockpiles in Middle East. British also announce that no Jews will be allowed
to leave Cyprus. Israel calls this announcement illegal.
Former president of General Electric Gerard Swope refuses Award of
Honorary Commander of Most Excellent Order of British Empire, in protest
against British policy.
June 4. Israeli warship and planes drive off three Egyptian vessels.
Catholic priests of Latin patriarchate in Jerusalem charge that Israelis are
turning church institutes into military bases, echoing a similar charge by
Christian Union of Palestine. Israel challenges these charges.
Franciscan priests announce plans to organize Holy Land militia of
international volunteers to protect holy places.
Count Folke Bernadotte is authorized to fix a time for cease-fire.
June 5. Egyptian troops are trapped at Isdud.
June 7 and 10. In a Security Council session, Soviet Union demands that it
be allowed to furnish truce observers. Count Folke Bernadotte decides to
select observers from U.S., Belgium, France, and Sweden.
Chronology—1948

June 7. Count Folke Bernadotte obtains truce by giving ultimatum to Israel

and Arab League: if immigration to Israel threatens Arabs, then immigration
will be halted; no new troops or war materials will be moved into Palestine; only
routine replacements along fronts will be allowed; both sides will suspend
warlike actions; relief supplies to Jerusalem and Jaffa, Palestine, will be
handled by International Red Cross.
June 9. Israel and Arabs accept truce, but neither side is satisfied.
June 10. Israel warns Lebanon not to seize Israel-bound cargoes as they
have threatened: Israel would consider this action to be warlike.
June 11. First truce is called for 30 days as result of UN mediation. At time of
truce, Egyptian force is still besieged at Isdud. Latrun, Palestine, struggle is
undecided. Jews hold western and southern Jerusalem. Observers report
that 5,000 to 10,000 Jews and Arabs have been killed or wounded since May
15.
Colonel David Marcus is killed while leading Haganah forces in Jerusa-
lem battle a few hours before cease-fire. He was a member of U.S. delega-
tions to the Teheran, Dumbarton Oaks, Yalta, and Potsdam conferences.
Finland recognizes Israel.
June 12. Rumania recognizes Israel.
Arabs and Jews complain of cease-fire violations. Count Folke Berna-
dotte's organization of 68 observers, the UN Truce Supervision Organization
(UNTSO), is still being assembled. There are plans to hold talks in Rhodes,
Greece, to attempt to settle war in four weeks.
June 13. First Jewish immigrant ship since start of truce arrives in Tel Aviv,
Palestine. Men of military age (18 to 45) are sent to Israeli refugee camp.
Israel complains of Syrian attacks in eastern Galilee. Fighting fronts,
however, are pronounced quiet.
June 14. UN observers halt landing of 230 motortrucks at Tel Aviv, Palestine,
to determine whether they are military imports. Because of embargo, Israel's
factories are running overtime.
June 15. UN Security Council rejects Russian demand that truce observers
must come from all Council nations.
Egypt charges that Israel fought past deadline to capture 11 villages in
southern Palestine.
Irgun announces that it has become a political party (Jewish Freedom
Movement) in Israel, but that it would continue as an underground military
group outside the Jewish state.
June 16. On Count Folke Bernadotte's request and with Council's approval,
UN secretary general Trygve Lie asks all UN and non-UN nations to furnish
information concerning number of Jews fit for military service who have
traveled to Israel.
 Chronology—1948

June 17. UN secretary general Trygve Lie recruits 50 volunteers from uni-
formed guard and other UN departments to be commanded by Lieutenant
John Cosgrove. They are nicknamed "Lie's Legion" and "Cosgrove's Lanc-
ers."
June 18. UN volunteers led by Lieutenant John Cosgrove depart for Pales-
tine.
Count Folke Bernadotte arrives in Rhodes to begin negotiations with
Arabs and Jews.
June 19. Jewish Agency announces that 100 truckloads of fresh food will be
sent daily to Jewish Jerusalem during truce. UN Truce Committee plans to
inspect cargoes.
June 21. Haganah learns that Irgun ammunition settlement has landed near
Natanya. Israeli troops attack area.
June 22-24. In Cairo King Abdullah of Transjordan calls for solidarity of Arab
leaders.
June 22. Irgun tries to land another arms cargo at Tel Aviv, Palestine.
Haganah attacks Irgun and sets Altalena afire.
James G. McDonald, who was on Anglo-American Palestine Inquiry
Committee in 1946, is appointed President Truman's special representative
to Israel. Israel names Eliahu Epstein to head Israel delegation to U.S.
June 23. Menahem Beigin announces that Irgun no longer recognizes Israeli
government; he calls David Ben-Gurion "a lunatic dictator."
Rabbis Yehuda Leil Fishman and Moshe Shapiro resign from Israeli
cabinet.
June 24. Israeli Legislative Council gives David Ben-Gurion a vote of
confidence for his defense of the truce. Rabbis Yehuda Leil Fishman and
Moshe Shapiro withdraw their resignations. The government announces that
Irgun rebellion is over.
June 25. Golda Myerson (later Meir) is appointed by Israel as minister to
Soviet Union. Soviet Union names Pavel Ivanovich Yershov as minister to
Israel.
Egyptian troops menace Jewish food convoy bound for Negba, Palestine.
Egyptian pilot fires on UN observation plane. Count Folke Bernadotte wires
UN that Egypt has violated truce, and gives Israel permission to fight in Negba.
June 26. Israel charges that Egypt attacked Kfar Darom near Gaza.
Harold Evans, UN neutral mayor of Jerusalem, returns to U.S., announc-
ing he will help Count Folke Bernadotte.
Venezuela recognizes Israel.
June 27. Israeli government receives pledge of allegiance from new Zavah
Itaganoh (Army of Defense). Irgun members are rounded up. Irgun promises
to give up arms everywhere but Jerusalem.
Chronology— 1948

June 28. Count Folke Bernadotte submits new peace proposals to Arab
League and Israeli government.
Freda Kirchwey, president of Nation Associates, tells UN secretary
general Trygve Lie and President Truman that King Farouk I of Egypt collabo-
rated with Nazis.
June 29. U.S. mail service resumes to Israel.
June 30. Last British troops leave Palestine; Israeli flag goes up.
Syria charges that U.S. warship shelled Arab lines at Bruwa, Palestine.
Lebanon says charges are not true.
July 1. Arab army, who never recognized truce, attacks Jews from Nazareth.
Egypt allows Jewish food convoy to go to settlements in Negeb.
July 2-6. At their meeting, Zionist Organization of America pledges support
to Israel.
July 2. In Nuremberg, expense account of German foreign minister shows
that Haj Amin el Husseini, exiled mufti of Jerusalem, and Rashid Ali el
Ghailani, former Iraqi premier, were entertained by Germans during World
Warll.
July 3. Count Folke Bernadotte meets with Arabs.
Israeli government accuses British of hampering Israel's economic growth
by blocking $400 million in Palestine sterling balances without negotiation.
King Abdullah says Arabs will rely on arms.
July 4. Both sides reject Count Bernadotte's peace plan, which called for
union of Arab and the Jewish states in Palestine and Transjordan. Each state
would have full control over internal and foreign affairs. Immigration would
continue fortwo years, after which the Council would rule if economic capacity
were being exceeded. Arabs declare that they will never recognize a Jewish
state and talk of resuming war. Jews dislike Arab control of Jerusalem and a
limit on immigration.
Israel announces it is holding Peter Bergson, copresident of American
League for a Free Palestine, on charge of "armed resistance" following
Altalena incident.
July 5. Count Folke Bernadotte proposes that Jerusalem and Haifa, Pales-
tine, be given neutral status. Jews agree on demilitarization of Jerusalem, but
reject a neutral Haifa. Arabs accept a neutral Haifa, but reject demilitarization
of Jerusalem. After both sides' rejections, Bernadotte appeals to the UN
Security Council.
Dr. Emanuel Neumann is reelected president of Zionist Organization of
America.
July 6. Commandant Rene La Barriere, French officer attached to UN Truce
Committee, is killed when his jeep strikes a land mine in Nazareth.
July 7. UN Security Council appeals to both sides to extend truce. Arab
delegation walks out when representative of Israel is seated.
 Chronology— 1948

July 7 cont. Stern Group executes Rosa Beiser on charges of spying for
British and Arabs. Haganah convicts one of its air force officers of espionage
for British. Irgun kidnaps five Britons on spying charges.
July 8. Dr. Philip C. Jessup, U.S. representative from UN Security Council,
says if Arabs reject truce extension, U.S. will support action against them.
Syria replies that they are "ready to be killed by atomic bombs" and Russia.
U.S. and French warships take 200 UN observers aboard at Haifa,
Palestine.
July 9. Count Folke Bernadotte requests extension of truce, which Arabs
reject and Jews accept. Arabs accuse Jews of violating truce, performing con-
tinued aggressions, smuggling arms and immigrants, burning Arab villages,
and other atrocities. UN Security Council appeals for truce.
Tel Aviv, Palestine, is bombed by Egyptian planes. Israel claims that Egypt
struck before truce expired. Arabs and Jews shell Jerusalem.
Arab League offers counterproposals to Bernadotte's earlier peace plans.
Instead of federal state, Arabs want provisional unitary government which
Arabs would control. Minorities would have rights, but new Jewish immigrants
would be denied citizenship.
Provisional Palestine administration is established, which will deal in
essential services in Arab areas but will not be political.
July 10. Israel uses tanks for first time, capturing the Lydda airfield and Arab
Legion stronghold of Wilhelma. It is reported that 35,000 Arab troops and
40,000 Israeli troops are in Palestine.
Israel claims that Egypt violated truce on July 7 and 8. An Egyptian order
had been found, ordering troop movements. U.S. secretary of state George
C. Marshall believes that Arabs are to blame, but he leaves matter to Council.
Count Folke Bernadotte leaves Rhodes, Greece, to go to New York and
report to UN.
It is revealed that Count Bernadotte offered all of Arab Palestine to King
Abdullah if he would favor a truce.
July 11. A B-17 flying fortress of USAF veterans is forced down in Halifax,
Nova Scotia. They refuse to give their destination and are sent back to New
York.
July 12. Count Folke Bernadotte reports to Council: Arabs oppose Jewish
state and immigration; they will fight to the limit of their capacity; the Jews do
not fear Arab threat. Therefore, UN has two alternatives: (1) make it unprof-
itable for Arabs to war against Jews; or (2) let two sides fight it out.
British hold up subsidy payment to Legion pending outcome of UN
Security Council debate.
Jews capture Lydda and Ramie, Palestine. Fighting occurs in Jerusalem,
Palestine.
Chronology—1948

July 13. Count FolkeBernadotte recommends that sanctions or force be used

against any side that persists in waging war.
Or. Philip C. Jessup of U.S., favoring Count Bernadotte's ideas, declares
that Palestine war is threat to peace. He suggests an unconditional cease-fire
within 24 hours in Jerusalem and a truce within three days in Palestine. Truce
would continue until a peaceful adjustment was made. Restrictions would be
placed on the number of fighting men and weapons. If any side rejects or
violates truce, UN Security Council would take action.
Norwegian member of UN guards is killed while escorting ambulances.
Chief UN observer, Colonel Brunson, says there is complete disregard for UN
flag.
Jews control Rah el Ain, rail junction which controls Jerusalem, Palestine,
water supply.
Passengers from Marine Carp arrive in New York from Lebanon. En route
to New York, 13 "jump ship."
U.S. seizes two Constellations in Millville, New Jersey, forfearthey will be
flown to Palestine.
July 15-17. Light air raids transpire in Tel Aviv, Haifa, Jerusalem, all in
Palestine; Cairo, Egypt; and Damascus, Syria.
July 15. UN Security Council decides Palestine conflict is menace to world
peace. Sanctions or force is threatened. It is the first time in UN history that
Council invokes Article 39, Chapter VII of Charter.
July 16. Partial blackout enforced in Egypt.
Arabs and Israelis agree to cease-fire.
Jews capture Nazareth.
London report says Israel is importing German-model fighter planes from
Czechoslovakia.
Loy Henderson, former director of Office of Near Eastern and African
Affairs in U.S. State Department, is appointed ambassador to India by
President Truman. Zionists have called Henderson pro-Arab. Joseph Satter-
thwaite becomes new director of office.
July 17. Before Jerusalem truce takes effect, Irgun and Stern Group combine
to attack Arab-held old city.
Fighting ceases in Jerusalem, Palestine.
Count Folke Bernadotte leaves for Middle East to resume mediation
efforts.
July 18. Arabs accept cease-fire but oppose indefinite truce. They make the
following demands to UN: (1) a complete halt to Jewish immigration; (2) a
return of 300,000 Palestinian Arab refugees to their homes in Israeli-held
areas; and (3) a time limit to truce.
Arabs protest truce outside palace of King Abdullah of Transjordan. The
King tells them they should be in army rather than protesting.
 Chronology—1948

July 18 cont. Arabs blow up pumping station in Latrun, Palestine, halting

Jerusalem's water supply.
Mob in Cairo, Egypt, stones Stephen Haas, American tourist, to death.
Haas, Philadelphia realtor, was active in Jewish affairs but was in Cairo as
tourist.
B-17 which was forced down in Halifax, Nova Scotia, lands in the Azores.
The crew is impounded and will not give their destination, but it is suspected
to be Palestine.
July 19. U.S. embassy protests death of Stephen Haas.
July 20. Britain demands end to Egyptian attacks on British.
July 21. It is reported that Israel has claimed possession of 810 square miles
of Arab territory. Arabs hold 205 square miles of Jewish territory.
July 22. Jews put oil refinery in Haifa, Palestine, into operation.
Moshe Shertok, Jewish Agency, says Israel is prepared to give Arab
countries free use of ports of Haifa and Jaffa, Palestine; however, the ports
would not be placed under joint Jewish-Arab or international control.
July 24. Crew of B-17 returns to New York. Pilot is arraigned on charges of
violating Presidential Arms Embargo.
British protest seizure of oil refinery partly owned by British company.
July 26. Israel decrees that New City of Jerusalem is Jewish-occupied area.
July 27. UN Security Council rejects Syrian resolution to ask International
Court of Justice for advisory ruling on whether UN has any jurisdiction over
Palestine.
Arab Legion's and Transjordan's subsidy payments from Britain are
restored.
July 28. Arab Legion accepts responsibility for killing of Norwegian UN guard;
soldier who shot UN guard is arrested for court-martial.
August 1. Israel appoints Dr. Bernard Joseph as military governor of
Jerusalem, Palestine.
August 2. In UN Security Council session British offer to start relief fund for
Arab refugees.
August 4. King Abdullah says both Jews and Arabs should consider compro-
mise.
Israel demands that British release 11,000 Jews from Cyprus.
August 5. Israel invites all Arab League states to open direct Holy Land peace
discussions. They submit their request to Count Folke Bernadotte.
Count Bernadotte recommends that UN Security Council affirm right of
Arab refugees to return to theirformer homes in Israeli territory. Israel objects.
August 6. Count Folke Bernadotte conveys Israel's message to Arab League.
Before he had conveyed message, Egypt had already denounced it because
Moshe Shertok, Jewish Agency, opposed readmitting 250,000 to 300,000
Arab refugees to Jewish-controlled areas in advance of a peace settlement
and had refused to discuss demilitarization of Jerusalem with Arabs.
Chronology— 1948

August 7. UN relief expert Sir Raphael Alento says Arab refugees are now as
much a UN problem as were the Jewish displaced persons in Europe.
August 8. U.S. says it will support Israel's application to UN next month.
August 11. Count Folke Bernadotte insists that Arabs and Jews stop new
flare-up of fighting in Jerusalem.
August 12. Latrun, Palestine, pumping station is blown up.
Britain says it will donate $400,000 of tents and medical supplies from
Middle East military stocks to any suitable international organization that will
use the supplies for the relief of Arab refugees.
August 13-14. Israel demands that UN fix a time limit for truce.
August 14. Egypt tells Count Folke Bernadotte that Israel's offer of direct talks
is rejected. They refuse to discuss any plan which would partition Palestine.
Israel demands that Bernadotte take action against Arab attacks.
August 17. New Israeli pound is offered by government.
August 18. Arab League fires on UN truce team jeep in Latrun, Palestine.
U.S., France, and Belgium decline Count Folke Bernadotte's request to
send large forces to Palestine. Secretary of State George C. Marshall
suggests that truce teams be doubled.
August 19. UN Security Council warns both Jews and Arabs against breaking
Holy Land truce. Count Folke Bernadotte reports that clashes in Jerusalem,
Palestine, are getting out of hand.
August 20. AubreyS. Eban asks all UN nations to support Israel's admittance
to UN.
Arab League leaders meet.
Brigadier John Bagot Glubb seeks aid for Arabs in London.
August 21. Sir Alexander Cadogan refuses Israel's request for admittance to
the UN.
August 22. Israel proposes that it hold peace talks with each Arab country.
Zionist General Council meets.
August 23. Dr. Abba Hillel Silver says that he hopes President Truman will
give political and economic support for Israel.
World Jewish Congress asks that UN consider Egyptian treatment of
Jews. Jews claim that 150 Jews were murdered and hundreds wounded in
Cairo, Egypt, during June and July.
August 25. Egypt invades Jewish-held Talpioth, a Jerusalem, Palestine,
suburb.
August 26. Israel releases five leaders of Irgun who were arrested in June for
truce violations.
August 28. Two French UN observers die when their plane is fired on near
Gaza. A French observer is wounded during Arab shelling of Jewish lines in
Mount Zion.
Israel demands that UN protect Jews who abide by the truce.
 Chronology—1948

August 30. Egypt agrees to let Israel send convoys to 35 isolated Negeb
settlements.
September. State Department refuses to permit emigration of men aged 18
to 45 to Israel from U.S.-controlled displaced persons camps in Germany and
Europe, except in cases approved by Count Folke Bernadotte.
September 2. State Department orders Czechoslovakia to halt movement of
fighter planes and weapons to Israel because this is a violation of Palestine
truce.
September 3. Export-Import Bank of the U.S. postpones action on $100
million loan to Israel due to "unsettled political conditions."
World Zionist Organization Committee ends session. They reject a de-
mand by U.S. delegates that all Israel cabinet members withdraw from the
executive. The ministers, however, do resign.
Jewish Agency for Palestine decides to spend funds only for charities not
for security, political, or propaganda purposes.
American Red Cross agrees to survey Arab refugee situation.
September 4. Jews and Arabs agree to create second neutral UN-Red Cross
zone.This agreement is brought about by General Aage Lundstroem, chief of
staff to UN mediator Count Folke Bernadotte.
UN announces that Bernadotte's appeal for relief of Arab refugees has
been answered by 14 countries and many relief agencies.
September 6. Paraguay recognizes Israel.
September 11. Count Folke Bernadotte tells an American delegate to the UN
that the General Assembly must take up the Palestine question because
hostilities will resume. He intends to withdraw as mediator if hostilities do
resume.
September 13. Count Folke Bernadotte orders Israel to readmit 8,000 Arab
refugees driven from three villages near Haifa, Palestine, by attacks which
had violated the truce.
September 16. In Rhodes, Greece, Count Folke Bernadotte completes work
on his UN report. He calls Jerusalem "a trigger-happy city."
Arab-Jewish artillery duels in Jerusalem. Jews had not wanted demilitari-
zation of the city for fear of the Arab armies surrounding it.
El Salvador recognizes Israel.
Chronology—1943

September 17. Count Bernadotte is assassinated in Jerusalem, Palestine,

allegedly by Stern Group. Andre Pierre Serot, chief of the French UN truce
observer team, is also killed. Israel orders roundup of Stern suspects. UN
secretary general Trygve Lie demands that UN stop procrastinating and raise
an international guard to protect peacemakers. Hazit Hamoledet (Homeland
of Fatherland Front) claims responsibility for assassinations. Hazit Hamole-
det is branch of Stern Group which commits acts of violence to avoid
implicating Sternists. They claim that Count Bernadotte was working for
British, and they had boasted that they would kill UN emissaries to prevent an
Arab-Jewish compromise. Sternists are also against demilitarization of Jerusa-
lem, which Bernadotte had sought.
Sternist leader Nathan Friedman Yellin and his political adviser Dr. Israel
Scheib flee from Palestine.
September 18. Count Folke Bernadotte's body is escorted to Haifa, Pales-
tine, by Israeli guards.
Ralph Bunche is appointed by Security Council as temporary successor
to Count Bernadotte. Bunche tells Foreign Minister Moshe Shertokthat Israel
must take full responsibility for assassination as a breach of truce. Israeli
officials protest; they say they are rounding up suspects. Jewish Jerusalem is
under curfew. Irgun denounces assassins. James G. McDonald, special U.S.
representative to Israel, is warned by terrorists that U.S. is not wanted in Israel.
Arabs claim Bernadotte's death is proof that Israel cannot control Jewish
extremists. Secretary of State George C. Marshall says that efforts to make
peace will continue, that the world will not permit a new outbreak of general
warfare in Palestine, and that the assassination will not affect U.S. support to
Israel. UN secretary general Trygve Lie calls on Security Council to organize
UN guard force to protect truce observers. Jacob A. Malik of Soviet Union
condemns killing and suggests that UN enforce 1947 partition plan.
September 19-21. Count Folke Bernadotte's and Andre Pierre Serot's
bodies are flown from Haifa, Palestine, to Paris, France, for memorial service.
September 19. Irgun and Stern Group announce their dissolution. Members
will join the Israeli army.
 Chronology—1948

September 20. Irgun and Stern Group deny any part in Count Folke
Bernadotte's assassination.
Count Bernadotte's last paper is published in Paris. Paper calls for
recognition of Israel, but parts of Bernadotte's plan displease Jews and Arabs:
Israel now exists, a fact Arabs cannot change; Israel cannot annex Arab
territory; Israel will be admitted to UN. Plan also calls for merging of
Transjordan and Arab Palestine. Transjordan will be admitted to UN. Haifa
harbor (Jews) and Lydda Airport (Arabs) will be considered free ports.
Jerusalem will be international city. Arab refugees should be allowed to return
to their homes or compensated for their losses. Plans are made to expand
provisions for refugees. It is reported that during seven weeks of truce, there
were 288 complaints of violations (183 against Jews, 105 against Arabs).
Arabs approve Bernadotte's relief program, but criticize UN for creation of
refugee problem.
Israeli cabinet adopts emergency regulations for prevention of terrorism.
Irgun surrenders military supplies stolen from British.
Three hundred suspected members of Hazit Hamoledet are arrested.
Arab League announces it is establishing an Arab government for Pales-
tine in Gaza. King Abdullah of Transjordan bars Gaza government from
operating within security zone of his government.
September 21. Secretary of State George C. Marshall and British foreign
minister Ernest Bevin support plan. Arabs reject plan; they insist on no
partition of Palestine.
September 22-24. Jews accuse Arabs of attacks near Latrun, Palestine.
September 22. Israel announces it is willing to discuss Count Bernadotte's
proposals. Main objections are to the surrender of Negeb, an area planned for
large-scale development, and to internationalization of Jerusalem.
U.S. orders Greek Aid Mission to send food to Middle East refugees.
September 23. Arabs accuse Jews of shooting down Arab airliner. Dead
include two British reporters.
Memorial service is held for eight UN representatives killed in Palestine.
Twenty-six Sternists escape, but 25 are recaptured.
September 25. Andrei Vishinsky of Soviet Union blames U .S. for ruining 1947
partition plan.
September 26. Count Folke Bernadotte is buried in Stockholm.
UN mediator Ralph Bunche demands that Israel and Transjordan stop
fighting along Israel's "Burma Road," a road going to Jerusalem from Latrun,
Palestine, area.
September 27. Israel admits that Arab plane was shot down, but claims that
plane had violated Israeli-held Upper Galilee.
September 28. Mufti of Jerusalem Haj Amin el Husseini returns to Gaza.
Chronology—1948

September 30. Nathan Friedman Yellin and his aide Matiiyahu Schmurkwitz
are captured by Israeli police in Tel Aviv, Palestine.
President Chaim Weizmann of Israel arrives in Israel after recovering from
an operation in Geneva.
October 1. Haj Amin el Husseini is elected president of Arab Palestine
National Assembly.
UN Truce Committee cables UN Security Council that truce in Jerusalem
has been sabotaged by misconduct of Jewish forces under Dr. Bernard
Joseph, Israel's military governor for Jerusalem.
October 2. Jews deny Truce Committee's charges.
Arab Palestine National Assembly proclaims Palestine an independent
Arab state. Transjordan objects. Jews are considered invaders.
Israeli president Chaim Weizmann relinquishes his British citizenship but
urges friendly British-Israel relations. Hesays President Truman told him U.S.
will support Jewish claims to Negeb, an area to be allotted to Arabs by
Bernadotte plan.
October 3. Israel tells UN it does not intend to surrender Negeb.
October 5. Moshe Shertok discusses Bernadotte plan with Secretary of State
George C. Marshall.
Air raids occur in Tel Aviv and Haifa, Palestine.
October 6. Moshe Shertok, Jewish Agency official, announces territory de-
mands of Israel: Western Galilee, modern Jerusalem, and land corridor
between Jerusalem and rest of Israel. Eventually Israel and Arabs will have
to settle their differences by direct negotiations. Israel favors annexation of
Arab Palestine by Transjordan.
Arab League insists on unpartitioned Palestine.
October 7. Israeli army had fought off Egyptian attacks near Negeb. UN Truce
Mission demands that both sides stop serious breaches of truce.
October 8. UNRRA Governing Committee allots money given to International
Children's Emergency Fund to be used for Palestinian refugees.
Israel signs with Shell and Socony companies to ensure adequate oil
supply for Israel.
October 10. In Jaffa, Palestine, police fortress, 170 Sternists rebel. Israeli
troops put down rebellion and prisoners are moved to Acre, Palestine.
October 12. New Arab government in Gaza is recognized by Egypt and Iraq.
October 13. U.S. refuses to recognize Gaza government because it is
opposed by Transjordan king Abdullah's Arab faction.
Police who let Sternists out of jail for a holiday are arrested.
October 14. Israel asks Security Council to compel Arabs to negotiate with
Israel. Britain, China, and France in Security Council session charge that
Israel is to blame for Bernadotte-Serot assassinations.
 Chronology—1948

October 15. UN mediator Ralph Bunche pleads to General Assembly Political

Committee for adoption of Bernadotte peace plan. He tells Security Council
that truce will collapse unless UN finds way for Arabs and Jews to respect UN
truce teams.
New Arab government in Gaza is recognized by Saudi Arabia.
Egypt attacks Jewish convoy which had tried to run through Egypt's Negeb
blockade.
October 16. Israel and Egypt clash near Negeb in defiance of cease-fire
demand issued by Brigadier General William E. Riley, UN chief of staff in Pal-
estine. Israel refuses to halt military action unless Egypt does same.
Israel conducts ground raids against Egypt in Iraq al-Manshiyya, north-
east of Gaza. Egypt bombs Jewish localities in same area. Israeli planes
attack Gaza, Beersheba, and Faluja.
October 23. Israel bombs Gaza. In Jerusalem Jews form new roadblock.
Arabs steal UN jeep near Mount Scopus.
October 24. In astatement issued without notifying Secretary of State George
C. Marshall, President Truman says Bernadotte plan is merely a basis for new
negotiations and he criticizes Thomas Dewey (Republican presidential nomi-
nee) for making Palestine a campaign issue.
Israel stops Syrian attacks in Upper Galilee.
October 25. President Truman orders Export-Import Bank of the U.S. to
resume negotiations for a loan to Israel.
October 26-28. Fighting increases in Jerusalem.
October 26. Senator Robert A. Taft (Ohio) says President "i ruman's state-
ment endorses both UN partition plan and Bernadotte plan. He criticizes
Truman's handling of Palestine issue and the many reversals in U.S. policy
toward Palestine.
Security Council holds emergency session to discuss Egypt's claims of
Israeli aggression. Aubrey S. Eban, spokesman for Jews, declares Israel will
defy UN mediator Ralph Bunche's request to give up its gains in Negeb. Israel
proposes negotiations with Egypt to consider new frontiers between Israel
and Egypt.
October 27. Iraqui troops attack Jenin-Tulkarm-Nablus, the "Arab Triangle'"
southeast of Jaffa, Palestine.
New Israeli settlement in Tel Aviv, Palestine, is dedicated.
Death of Dr. Judah L. Magnes, president of Hebrew University.
October 28. Israeli premier David Ben-Gurion pleads for separate, perma-
nent peace between Israel and Egypt.
Britain, China, France, Belgium, and Canada call for resolution to create
committee to determine if any sanctions should be used against Israel.
Resolution receives implied support of U.S. Soviet Union calls for delay in
voting on resolution.
Chronology—1948

October 28 cont. President Truman plans to carry out Democrats' platform

promises to Israel. He tells American friends of Israel that U.S. policy toward
Israel must be meshed with foreign policy around the world.
John Foster Dulles, U.S. delegate to UN General Assembly, advises
Thomas Dewey to make immediate statement on his views, to guide U.S.
delegation. Dulles does not favor sanctions against Israel.
October 29. British and Chinese call for sanctions against Israel if it does not
give up gains in Negeb.
International Children's Emergency Fund votes for aid to Palestinian
refugees. In session of UN General Assembly's Social Committee British
propose that UN raise $30 million for relief of 500,000 Arab refugees in the
Middle East.
Large-scale Jewish offensive conducted in Galilee.
October 30. Secretary of State George C. Marshall and British foreign
minister Ernest Bevin meet to discuss Palestine and other issues.
Israeli troops battle for Galilee against Lebanese troops. UN chief of staff
William Riley appeals for cease-fire, but both sides ignore appeal.
October 31. Israeli troops complete conquest of Galilee and move into
Lebanon. Entire Northern Palestine border is now under Jewish control.
Arab government in Gaza is recognized by Afghanistan.
Soviet Union blames U.S. and Britain for creation of refugee problem.
November. Dr. William Haber, adviserto U.S. Army on Jewish Affairs, reports
Jewish displaced persons are leaving Germany at rate of 4,000 a month.
Since May 15,15,000 have left.
Israel Corporation of America, which was formed in New York in partner-
ship with Jewish Agency for Palestine, announces plans for huge housing
development to accommodate 10,000 immigrants a month in Israel.
Israel begins full-scale colonization of Negeb; Beersheba is planned
center of project.
November 1. Israel defies UN instruction to leave Lebanon.
Fighting subsides; UN mediator Ralph Bunche's efforts bring about cease-
fire.
Turkey stops issuing permits for Turkish Jews to go to Israel. Jews get
passports to go to Italy, but go to Israel instead.
November 2. King Abdullah of Transjordan is rumored to be making secret
peace inquiries. Israel denies.
November 4. UN Security Council passes a modified version of British-
Chinese resolution of sanctions against Israel. Resolution calls for (1) Israel
and Egypt to go back to October 14 lines; (2) new truce lines to be negotiated;
and (3) if points (1) and (2) are disobeyed, a Big Five Belgian-Colombian
committee to decide if measures will be taken under Chapter VII of UN
Charter. Israel protests and claims it is being threatened.
 Chronology—1948

November 5-6. Egypt retreats from Negeb. Israeli troops observe retreat but
hold fire.
November 5. American Zionist Emergency Council demands that President
Truman take care of "a great injustice."
November 6. Arabs protest that UN chief of staff William E. Riley advised
them to negotiate for peace. UN mediator Ralph Bunche denies that Riley
gavesuch advice. Arab Legion denies November 2 rumors of King Abdullah's
peace efforts.
November 7. Israeli government admits it had bought military equipment from
several places including Czechoslovakia but denies it received help from
Soviet Union.
November 9. Israel captures Iraq Suweidan police fortress at northern
entrance of Negeb.
Israel charges that British troops reentered Palestine from Transjordan to
help Arabs; British deny.
November 10. UN rules that Jews are in violation of truce. Jews had arrested
two UN officers who tried to observe Negeb battle.
November 12. Israeli premier David Ben-Gurion confirms that talks are under
way between Israel and two Arab governments (presumed to be Egypt and
Transjordan). Israel is opposed to new UN proposal whereby Israeli troops
give up recent gains in Negeb. In original partition plan, Negeb is consigned
to Jews. Ben-Gurion claims dispute can be settled in four weeks if U.S. stops
Britain from interfering with Arabs' wish to talk peace terms.
UN mediator Ralph Bunche orders Israel to give up Iraq Suweidan.
November 13. President Truman feels that direct Arab-Jewish negotiations
might work. He also advocates a full recognition of Israel and aid for 500,000
Arab refugees in Middle East.
UN Security Council listens to plan by UN mediator Ralph Bunche. Israel
would withdraw to October 14 lines. Egypt would stay where it had retreated
in Negeb fighting. A large part of Negeb would be demilitarized pending UN
negotiations for peace. Israel rejects part of plan in which Beersheba would
be under Arab administration. Plan is endorsed by Council's special commit-
tee on Negeb and Bunche orders Egypt and Israel to carry out plan.
November 15. In his address to Political Committee, Moshe Shertok declares
that Israel will fight before it gives up Negeb.
Israel announces its peace conditions: (1) Jewish control of modern
Jerusalem corridor to remainder of Israel; (2) no Arab use of Haifa port or
Lydda airport except under Israeli terms; (3) retention of Western Galilee as
long as area is needed for Israel's defense; and (4) no readmission of Arab
refugees to Israel until peace is established. Israel also requests UN admis-
sion.
Chronology—7945

November 15 cont. Salah el-Kuntar, leader of Druse tribesmen's National

Army, says Druses want their 4,000-square-mile area shifted from Syria to
Israel. Druses helped drive Syrian troops out of Upper Galilee.
November 16-17. Arabs insist on not recognizing Israel.
November 16. UN Security Council demands that Israel and Egypt negotiate
Negeb armistice directly or through UN mediator Ralph Bunche. This demand
does not alter previous order calling for demilitarization of Negeb.
At convention American Federation of Labor backs U.S. aid to Israel.
November 17. King Abdullah of Transjordan hopes for a "real peace" to
replace "semi-peace." He suggests that "the Israelis should be more reason-
able" and the Arabs "should accept the logical."
November 18. British state minister Hector McNeil offers Political Committee
a resolution calling for permanent settlement based on Bernadotte plan.
Israel proposes compromise: it will withdraw all troops who arrived in
Israel after October 14; troops who arrived before October 14 will stay to
ensure that area does not fall to Egypt. Israel announces it is ready to begin
armistice with Arabs.
November 19. UN mediator Ralph Bunche accepts Israel's proposal.
UN General Assembly approves $30 million fund for relief of Palestinian
refugees (mostly Arabs), forming the UNRPR. Assembly asks UN member
countries for contributions.
November 20. Dr. Philip C. Jessup announces U.S. policy: any changes
made in Israel's boundaries should be agreed on by Israel; Bernadotte plan
is only a basis for negotiations. He suggests that Israel give up Negeb in
compensation for Western Galilee gains and endorses UN membership for
Israel. Parts of Benadotte plan to be considered are an international Jerusa-
lem, the return of refugees to Palestine, and safeguarding of minorities.
First preliminary armistice talks begin. William E. Riley, chief UN truce
observer, meets separately with Israel Foreign Office officials and Egyptian
commander Fouad Sadeh Bey.
November 21. Israeli premier David Ben-Gurion praises King Abdullah of
Transjordan and says he will meet with Abdullah and other Arab leaders
anytime.
November 22. Soviet Union and Poland call for partition plan for Palestine.
November 23. In session of UN General Assembly's Political and Security
Committee, Dr. Philip C. Jessup suggests that both Bernadotte and UN
partition plans be considered in fixing Israeli boundaries. Israel would keep
Galilee and pan: of Negeb.
Aubrey S. Eban defends Jewish claims to both Galilee and Negeb.
Israel stops unrestricted army recruiting but forms reserve with men aged
40 to 45.
November 24. UN truce mission announces a provisional Arab-Jewish truce
line.
 Chronology— 1948

November 25. Arabs announce they will not negotiate with Israel except
through UN.
UN mediator Ralph Bunche recommends to Political Committee that UN
try another strong appeal for Israel and Arabs to get together. He urges Israel's
admittance to UN.
Israel's Provisional Government Council announces it will hold first gen-
eral elections on January 25. Persons aged 18 years or more will be eligible
to vote.
November 26. Israel-Egypt negotiations, through UN truce mission, for
armistice in Negeb bog down. Problem is UN mediator Ralph Bunche's insis-
tence on Security Council demand for Jewish withdrawals. Aubrey Eban tells
subcommittee that Israel will not let large force of Egyptians withdraw from
entrapment at Negeb until Arabs respond to Council's November 16 armistice
resolution.
Bulgaria recognizes Israel.
Menahem Beigin, former Irgun commander in chief, visits New York mayor
William O'Dwyer.
November 28. Three U.S. religious leaders denounce Menahem Beigin,
Irgun leader, as a terrorist.
November 29. Israel applies for UN admission.
Stanton Griff is is appointed director of the UN RPR.
November 30. Colonel Moshe Dayan of Israel and Lieutenant Colonel
Abdullah el Tell of Transjordan Arab Legion sign cease-fire agreement.
American Council for Judaism asks Attorney General Tom C. Clark for a
federal investigation of Menahem Beigin's U.S. activities.
December 1. King Abdullah of Transjordan is proclaimed king of Palestine at
a meeting of central Palestinian Arabs in Jericho. In reaction, riots occur in
Damascus and Syrian premier Jamil Mardam Bey and his cabinet resign.
President Chaim Weizmann of Israel calls for Jerusalem's new city to be
incorporated into Israel. All faiths would be able to worship.
December 3. Mission of the UN Mediator on the Palestine Disaster Relief
Project meets with volunteer agencies. Dr. Pierre Descooeudres, chief of
mission, reports that refugees in camps do not have good living conditions.
More supplies are needed as well as a better system of transporting them.
Refugees tend to feel frustrated and isolated, although the goal of the camps
is to build a sense of social consciousness.
December 4. The UN General Assembly Political and Security Committee
passes a British-Canadian plan for a council commission on Palestine to
negotiate a final peace settlement. The plan calls for (1) commission members
to be appointed by Big Five; (2) an international Jerusalem; (3) a small UN
guard to protect commission; and (4) aid to refugees. Plan mentions neither
Bernadotte plan nor partition plan as basis for settlement.
Chronology— 1948

Decembers. Israel-Iraq cease-fire is signed.

December 7 and 10. Egypt attacks Jewish settlements in Negeb near
Egyptian border, according to Jewish claims.
December 7. Soviet Union argues for partition plan.
President Truman announces he will ask Congress for money for Pales-
tinian refugees. On the other hand, British wish to furnish supplies and money
from UN working capital funds.
Transjordan cabinet gives its consent to crowning of King Abdullah as king
of united Palestine and Transjordan.
Decembers. British demand to Security Council's Negeb subcommittee that
sanctions against Israel be implemented. Their reason is Israel's continued
entrapment of an Egyptian force in Negeb.
King Abdullah denounces Arab League-sponsored Palestine Army re-
gime in Gaza.
Egypt announces dissolution of Moslem Brotherhood, a fanatical national
religious organization.
Decembers. Iraq is asked by Britain, U.S., and France to reopen oil pipeline
from Iraq to Haifa, Palestine. Oil refined in Haifa will not be furnished to Israel.
December 10. Winston Churchill, former British prime minister, appeals to
Parliament to end "sulky boycott" of Jewish state.
Israel agrees to UN truce mission's request to let a trapped Egyptian force
withdraw from Faluja in Negeb.
December 11. UN adopts resolution 194.The new Conciliation Committee for
Palestine is set up by UN General Assembly. Its roles are to promote direct
negotiation or act as a go-between, to cooperate with Jerusalem authorities
until the city is internationalized, to safeguard religious shrines, and to work
for repatriation, resettlement, and economic and social rehabilitation of Holy
Land refugees permitted to return home. Refugees number 500,000 Arabs
and 10,000 Jews.
King Farouk of Egypt and Syrian foreign minister disclose that they had
warned King Abdullah of Transjordan not to annex Palestine.
December 12. Israel and Transjordan let Christians travel to Bethlehem on
Christmas pilgrimages.
December 13. Transjordan Parliament authorizes King Abdullah to accept
sovereignty over Arab Palestine and Transjordan defying a warning by council
of Ulemas (a group of scholars and highest spiritual authority in Moslem
world).
December 15. Israel breaks off negotiation for local truce agreements and
demands future peace talks for all of Palestine.
December 16. Egypt charges that Jews announced new attack on Faluja
garrison.
December 17. New Syrian cabinet is appointed.
From Yugoslavia 4,100 Jews leave by ship for Israel.
 Chronology—1948

December 18. Israel denies Egyptian charges and says the charges were
made to damage Israel's chances for admittance to UN.
December 19. UN mediator Ralph Bunche announces that a final solution to
Palestine conflict is well on its way.
December 20. King Abdullah of Palestine appoints Sheikh Hussan Medin
Jarallah as mufti of Jerusalem. Haj Amin el Husseini is recognized as mufti of
Jerusalem by other Arab states.
Nathan Friedman Yellin, who went on trial December 5, denies he was
involved in Bernadotte assassination.
December 22. Syria bans Life and Newsweek because of their increased
Zionist propaganda.
December 23. Efforts of UN Truce Committee to arrange Israel-Egypt
armistice conference break down. Israel attacks Egyptian troops near Gaza,
Nirim, Rafah, and Khan Yunis.
December 24-25. Pilgrims are allowed to enter Bethlehem, but have to pass
through Jewish and Arab checkpoints.
December 24. Egypt conducts air raids on Nazareth, Haifa, and Tel Aviv, all
in Palestine.
Canada recognizes Israel.
The International Children's Emergency Fund reports that there are
750,000 refugees from Holy Land warfare.
December 26-31. Egyptian control in Negeb is almost wiped out by Israel.
December 26. Israel's 100,000th immigrant since state proclamation arrives.
International Ladies'Garment Workers'Union (of American Federation of
Labor) donates $250,000 and lends $500,000 to Israel.
Sixty-four central Palestinian Arab towns endorse King Abdullah.
December 27. In report to UN Security Council, truce observers blame Israel
for new outbreak of war.
Arabs refuse to open pipeline to Haifa, Palestine, until their "just demands"
are met.
December 28. Egyptian premier Mahmoud Fahmy Nokrashy Pasha is
assassinated by members of the Moslem Brotherhood for his failure to win war
in Palestine.
Ibrahim Abdel Hadi is appointed new premier of Egypt.
Israel bombs Gaza.
Egypt and Israel battle in Faluja.
December 29. UN Security Council demands a cease-fire in Negeb. Israel
declares it will continue offensive until Egypt agrees to peace talks. UN
mediator Ralph Bunche urges Palestine Conciliation Committee to begin
work.
Israel occupies area near the Egyptian border. British insist that Israel
follow the decisions of UN Security Council.
Chronology—1949

December 31. Egyptian warship halts Israel-bound British freighter near

Haifa, Palestine.
Israel considers cease-fire and partially lifts blackout of news concerning
Negeb fighting. Egypt had lost land assigned to Arabs under the 1947 plan.
Israel will not give up any land until there is peace.

1949
January 1. Egypt bombs Tel Aviv, Palestine. Israel warns that one more
bombing will mean the bombing of Cairo, Egypt.
January 2-4. A delegation from Yemen visits King Abdullah and expresses
its opposition to the annexation of central Palestine.
January 2. Modern Jerusalem is hit by three bombs.
January 3. Egypt accepts cease-fire. Israel is considering a cease-fire, but
Israeli attacks continue.
State Department asks Israel for details about Egyptian offensive. U.S.
tells Israeli government that the incident embarrassed Britain because of its
treaty. U.S. warns Cairo, Egypt, against action.
January 4. Israel tells U.S. it never intended to hold Egyptian territory. Jews
claim the British are sending troops and planes to Transjordan. British are
encouraging Arabs not to negotiate peace.
January 5. Jewish Agency reports 130,000 immigrants entered Palestine in
1948.
British foreign minister Ernest Bevin asks U.S. to exert pressure on Israel
to retreat to November 4 boundaries in the Negeb. U.S. replies that respon-
sibility should be handled by UN Security Council.
Januarys. Britain replies that Israel is still blocking road in Egypt. British also
claim Israel is getting arms from Czechoslovakia despite UN embargo.
New Transjordan cabinet is appointed.
January 7. New cease-fire is in effect. Israel claims trapped Egyptian garrison
at Faluja is still firing.
UN Security Council's seven-nation committee's session on possible use
of sanctions against truce violators is adjourned pending armistice talks.
Israel raids southern Palestine. In Egypt, 35 miles from the border, Israel
shoots down 4 RAF reconnaissance planes before cease-fire takes effect.
British warn that they will become involved in war if Israel invades Egypt and
Transjordan.
Dr. J.D. Cottrell, medical officer of World Health Organization, is appointed
adviser to UN relief plan for Palestine refugees. Report from the camps
indicates that disease is widespread.
 Chronology—1949

January 8. British send troops to Aqaba, located on southern tip of Negeb.

British order any Jewish plane to be considered hostile. Israel claims that
one plane that fired on RAF was Egyptian. British address protests to Jewish
authorities rather than Israeli government. Israeli consular general Arthur
Louris refuses to relay British messages.
Arab League secretary general Abdul Rahman Azzam Pasha expresses
his regret to Egypt that other Arabs hesitated to help them.
January 9. British announce that warships and troops are waiting in Mediter-
ranean to back protests of Israel's actions.
Israel protests to UN Security Council concerning British reinforcement of
Aqaba, Transjordan, and concerning British shipment of arms to Egypt.
January 10. UN secretary general Trygve Lie tells British to withdraw from the
dispute with Israel. U.S. urges Britain not to make dispute a major issue.
British, however, keep their Mediterranean forces on alert.
January 11. Israel complains to UN Security Council that presence of British
military in Middle East is endangering peace talks. British denounce Jewish
aggression in Negeb. They say Security Council should enforce a recent
resolution which called for Jewish withdrawal from Negeb.
Arabs claim British promised to stop arms shipments by sea. They criticize
British for their failure to do so. Arms shipments are continued to Jews.
January 12. Acting secretary of state Robert A. Lovett meets with represen-
tatives from Israel, Transjordan, and Britain. U.S. is concerned about British
troop movements in Palestine before reinforcement of Aqaba. British say RAF
pilot was watching Israeli movements near Egypt when plane was shot down.
Anthony Eden, British Conservative leader, criticizes British foreign min-
ister Ernest Bevin. Eden says RAF flights are purposeless and Bevin is endan-
gering U.S.-Anglo relations. The British cabinet supports Bevin.
January 13. In talks with Sir Oliver Franks, British ambassadorto U.S. .Presi-
dent Truman claims that there is no strain on U.S.-British relations; that U.S.
policy is the same as stated on November 20; that Israel will not lose Negeb
unless Israel agrees to do so; that U.S. does not want any new trouble with
Israel; and that Arabs should be encouraged to make peace. Truman also
denies that the RAF flight was made under a joint U.S.-British decision to keep
informed on Israel's movements in Egypt.
UN armistice talks begin. Mediator Ralph Bunche talks with representa-
tives of Israel and Egypt. After talks with Egypt, Bunche will meet with repre-
sentatives from Transjordan, Lebanon, and Syria.
January 16. Israel withdraws from four villages in Lebanon.
January 17. UN mediator Ralph Bunche requests to UN Security Council that
his mediation unit be dissolved. He wants a new Palestine Conciliation Com-
mittee.
Chronology— 1949

January 18. British foreign minister Ernest Bevin says British will release
11,000 Jews in Cyprus. Arabs should settle with Israel and try to get best
possible terms.
January 19. Export-Import Bank of the U.S. gives loan to Israel.
January 22. Israel-Egypt negotiations at Rhodes, Greece, bog down in
dispute over Negeb. The question is how much of Jewish gains in Negeb will
be given up. Disagreement may upset earlier agreements concerning Egyp-
tians in Faluja (January 17) and Egyptian retention of coastal area near Gaza.
January 23. An American Jewish group pledges aid to Israel but says new
state does not represent American Jews.
January 24. France recognizes Israel.
January 25. Israel's first elections are held; Mapai party of David Ben-Gurion
wins.
January 26. Italy recognizes Israel.
Foreign Minister Ernest Bevin of Britain wins vote of support for his Israel
policy in House of Commons, but is criticized by former British prime minister
Winston Churchill. Bevin criticizes the U.S. and others for his lack of success
in Palestine.
January 28. Australia and Switzerland recognize Israel.
January 29. Britain recognizes Israel.
Netherlands and Luxembourg recognize Israel.
India refuses to recognize Israel.
January 30. Pakistan refuses to recognize Israel.
January 31. President Truman grants full recognition to Israel.
February 1. Transjordan accepts invitation to peace negotiations conducted
by UN mediator Ralph Bunche. King Abdullah urges other Arab states to do
so also.
Israel cabinet decides to incorporate modern Jerusalem into Israel
despite UN plans to make it an international city.
February 2. Israel rejects Israel-Egypt frontier in Negeb.
Ecuador and Denmark recognize Israel.
February 4. UN mediator Ralph Bunche offers another proposal.
February 5. Israel and Egypt meet in first direct conference.
Lebanon and Syria agree to talks, but Lebanon wants Israeli troops off
Lebanese soil.
February 6. British appoint Alexander Knox Helm as first representative to
Israel.
February 7. Brazil recognizes Israel.
February 8. Italy recognizes Israel.
February 9. Israel sets expansion goal for 1949. Thus, negotiations begin
with Czechoslovakia, Bulgaria, Poland, Yugoslavia, and Rumania to allow
60,000 to 80,000 Jews to emigrate from these countries. Hungary refuses
negotiations.
 Chronology—1949

February 10. Political prisoners receive amnesty, except for Sternists Nathan
Friedman Yellin and Matityahu Shmulevitz, who were sentenced to eight and
five years in prison, respectively.
February 11. Transfer of Cyprus refugees to Palestine is completed in Haifa,
Palestine.
Iceland recognizes Israel.
February 12. UN Palestine Conciliation Committee arrives in Cairo, Egypt, to
begin tour of Arab countries.
Ireland recognizes Israel.
February 13. Israeli prime minister David Ben-Gurion says Jews would
oppose UN plan for Jerusalem.
February 14-19. Israel's first Knesset (Parliament) holds sessions in Jerusa-
lem. U.S., Britain, France, and Turkey refuse to send diplomatic observers
because they disapprove of the Jewish Agency as site of ceremonies.
Objection is that UN had made Jerusalem an international city, yet Israel holds
legislative sessions there.
February 14. Eight hundred ninety immigrants leave Shanghai, China. These
immigrants were Germans and Austrians who had fled to China in the 1930s
and then were forced into ghettoes by the Japanese.
February 15. Argentina recognizes Israel.
February 16. Chaim Weizmann is elected president of Israel.
In a United Jewish Appeal funds dispute among Jewish groups, Dr. Abba
Hillel Silver, president of the American sector of Jewish Agency, resigns. Dr.
Emanuel Neumann, president of Zionist Organization of America, also
resigns.
February 17. An interim constitution is written for Israel.
Foreign Minister Moshe Shertok says Jerusalem is important historically
to Israel. He hopes that Arabs will agree to a plan giving modern city to Jews
and old city to Arabs. UN Palestine Conciliation Committee had been
discussing such a plan with Egypt.
Egypt and Israel reach tentative agreement at Rhodes, Greece, armistice
conference. Auja, near Egyptian border, is demilitarized. Beersheba, which
was assigned to Arabs under partition plan but is now occupied by Israelis
discussed.
Export-Import Bank of the U.S. loans Israel $35,000,000 for agricultural
development.
February 19. Decision is made to reduce the Israeli army to small, mobile,
peacetime force, manning "Weizmann line" of fortresses along boundaries.
U.S. strongly denies Saudi Arabian accusations that they continue to ship
arms to Jews, citing their rigorous arms embargo and prosecution of American
citizens involved in any war activities.
UN plane is hit by small-arms fire when passing Israel-Syria border.
Chronology—1949

February 20. UN mediator Ralph Bunche submits plan of agreement between

Israel and Egypt. Israel would have temporary control of Beersheba.
February 21. Four hundred ninety-eight Jewish people from Shanghai,
China, land in San Francisco. They will cross U.S. in sealed trains.
February 23. Transjordan is authorized to speak for Iraq during Rhodes,
Greece, talks.
In negotiations with Transjordan, Israel discusses central Palestine,
Beersheba, and eastern Negeb. A permanent Jewish-Arab division of Jerusa-
lem is also discussed.
Saudi Arabia says it will favor any agreement, providing rest of Arab
League will accept agreement. Syria and Yemen do not accept arrangements.
Egypt declares that agreement with Israel is military agreement, because
Egypt still does not recognize Israel.
February 24. Israel and Egypt sign armistice. Israel gets most of Negeb,
except Auja which will be demilitarized and serve as UN armistice headquar-
ters. Control of Beersheba depends on permanent settlement with Egypt and
armistice with Transjordan. Egypt keeps Gaza. Both sides will withdraw forces
from Negeb.
President Truman declares he will give aid to all of Middle East.
Mapam, a leftist Jewish group, says armistice does not uphold Jewish
interests.
Israel will not sign armistice with Transjordan until terms are approved by
Israeli Assembly.
Bolivia recognizes Israel.
February 25. UN secretary general Trygve Lie cites Israel-Egypt armistice as
good example of UN role as influence for peace.
James Grover McDonald is appointed first U.S. ambassador to Israel.
Eliahu Elath is appointed first Israel ambassador to U.S.
February 26. Egyptians evacuate garrison at Faluja.
March 1-5. Jewish National Fund announces plans to reclaim 25,000 acres
of neglected Arab-owned land in Israel over next three years. This year, 198
new settlements will be established and Arab owners will be reimbursed.
March 1. Nationalist China recognizes Israel and Transjordan.
Israel-Lebanon talks are held.
March 2. UN Palestine Committee invites Arab government to a meeting to
discuss Palestinian refugees and permanent Arab peace with Israel. Dr.
Bayard Dodge, president emeritus of American University, reports that Arab
refugees number 873,000.
March 3. Jewish immigrants from Shanghai, China, sail for Israel from New
York.
March 4. Israel Transjordan talks are held.
Dr. Olga P. Fernberg of Joint Distribution Committee reports that 4,000
Jews who fled from Yemen to Aden in 1947 will be transferred to Israel.
 Chronology—1949

March 5. Foreign Minister Moshe Shertok says the British troops in Aqaba,
Transjordan, are threat to peace.
March 6. Israeli foreign minister Moshe Shertok changes his last name to
Sharett, which means "servant" in Hebrew.
March 8. Prime Minister David Ben-Gurion announces Israel's domestic plan.
Immigration will be doubled and national center will be located in modern
Jerusalem.
Mapam refuses to join first Israeli cabinet.
March 9. Arab Legion and Israel forces skirmish in southern Negeb near
Aqaba, Transjordan. British voice their concern concerning Israel's holding
territory in Negeb only two miles from Aqaba.
March 10. Israel completes occupation of Negeb; Jews declare they had not
and would not invade Transjordan territory.
March 11. Israel and Transjordan sign cease-fire agreement. Ban on fighting
is made permanent and is to be policed by UN regardless of whether the two
countries reach full armistice. Truce does not affect Nablus-Jenin-Tulkarm
"triangle" which is held by Iraq troops in north central Palestine.
March 12. British say they will strengthen garrison in Aqaba, Transjordan.
March 15. Austria recognizes Israel.
Refugee report shows following population numbers: Lebanon—100,000
to 105,000; Syria—85,000 to 100,000; Transjordan—85,000; Iraq—5,000;
Egypt—8,000 to 10,000; North Palestine—230,000; and South Palestine—
225,000. (Numbers for Palestine only cover areas under Arab occupation.)
March 16. Israel and Transjordan agree that armistice lines in Jerusalem will
be based on November 30 truce. Jews will control modern Jerusalem. Arabs
will control old Jerusalem.
March 17. Private relief agencies working in Middle East meet. They complain
that UNRPR is not using enough of already existing personnel and services;
instead, UNRPR is struggling to set up its own agencies. Private relief
agencies also complain about lack of recognition by UN.
March 18. Cuba recognizes Israel.
March 20. Transjordan asks for reinforcement of Aqaba by British.
March 21. UN mediator Ralph Bunche reports that Syria has agreed to
negotiate with Israel.
March 22. Israel threatens to break off negotiations if British continue to
meddle in Negeb.
American Appeal for the Holy Land reports relief aid for refugees is
hampered by lack of coordination between UN agency and volunteer agen-
cies. The volunteer agencies complain they spent money on food, money
which should have gone to social services.
March 23. Lebanon and Israel sign armistice.
UN mediator Ralph Bunche reports to the UN that both Syria and
Transjordan violated truce by troop movements in Aqaba area.
Chronology—1949

March 30. In New York Foreign Minister Ernest Bevin of Britain is picketed by
Israeli sympathizers representing Joint Committee to Combat Anti-Semitism.
Brigadier General Husni al Zaim becomes president of Syria. Minister of
foreign affairs Amir Arslan resigns. Arslan had opposed "soft" attitude toward
Israel.
April 1. Philippines recognizes Israel.
April 3. Israel and Transjordan sign armistice. Both sides are bound to decide
issues with no aggression. Arab Legion will replace Iraqi army in north-central
Palestine. There will be neutral zone between two countries, except Aqaba,
where number of forces will remain the same. Committee of Arabs and Jews
will work for peace with help from UN Security Council. Jews will control
modern Jerusalem, and Arabs will control old Jerusalem, Bethlehem, Hebron,
and central Palestine. Dead Sea will be divided in half. There will be free travel
on Tel Aviv-Jerusalem highway and Jerusalem-Bethlehem highway. Jerusa-
lem's water supply from Latrun, Palestine, which was cut by the Arabs,will be
restored. Jews control Hadera-Afula road, northwest of Nablus-Jenin-Tulkarm.
April 5. Syria-Israel talks begin.
Dr. Mordecai Eliash, Israel's first minister to Britain, arrives in London.
April 6. Syria charges that Israeli soldiers violated the border near meeting
site.
April 7. Mexico recognizes Israel.
April 8. Syrians boycott talks.
April 9. Prime Minister David Ben-Gurion of Israel reports Israeli troops have
been withdrawn from Syria.
April 13. UN decides to delay Israel's admittance to UN; Israel still opposes
an international Jerusalem.
Israel-Syria cease-fire begins.
April 15. Pope Pius XII asks Catholic nations in UN to support an international
Jerusalem and all othersacred places in Holy Land. Pope is concerned about
freedom of Catholics and Christians in Palestine.
Truce permits Jews to visit old city for Passover. Some Christians are
cleared to make Good Friday pilgrimage to Calvary.
April 16. Syrian prime minister Muhsin al Barazi forms new Syrian cabinet.
Barazi favors friendship with West, especially with U.S.
April 17. Egypt settles with Transjordan. Egypt had opposed Transjordan's
plan to annex Arab Palestine.
April 19. Rabbi Stephen Wise dies.
April 25. Israeli president Chaim Weizmann visits President Truman. He says
Israel would welcome Arab refugees back if they did not have aggressive
intentions.
April 26. Transjordan is now called the Hashemite Jordan Kingdom; it is
referred to as Jordan.
 Chronology— 1949

April 27. UN Palestine Conciliation Committee opens its settlement confer-

ence in Lausanne, Switzerland.
April 28. Israeli president Chaim Weizmann meets with Francis Cardinal
Spellman. Israel still opposes UN administration of Jerusalem.
April 30. Walter Etlan of the Israel Foreign Office says Arab displaced persons
are an international project.
May 1. As Jordan's Arab Legion withdraws there is an Arab-Jewish skirmish
in Jerusalem.
May 3. Syrian ban on travel and business by Jews is lifted.
May 4. Israel celebrates first anniversary of Legislative Council's first meeting.
May 5. Israel tells UN that Israel should not have to give up any land beyond
boundaries of partition because partition resolution was based upon peaceful
implementation, and has been erased by Arab revolts and invasion. They also
say that refugee problem is the result of the Arab invasion. After most of Arab
population evacuated Israel, its ethnic pattern and economic structure changed.
Israel cannot take a double burden of Jewish immigration and a return of Arab
refugees. Compensation to Arabs must be limited, because Israel cannot
afford a large compensation plan.
May 7. Jordan cabinet admits three Palestinian Arabs.
May 11. Jews still resist an international Jerusalem; Arabs are upset about
Jewish opposition.
Israel joins UN. Conditions of admittance include compliance of resolu-
tions 181 and 194.
May 16. Zionist General Council closes its session. A budget for resettlement
and relief of refugees was adopted.
May 17. Syria and Israel break off armistice negotiations after Syria's refusal
to withdraw troops from Mishmar Hay Yaiden, a frontier town in northeast
Galilee captured by Israel.
Canada recognizes Israel.
May 18. Foreign minister reports Lebanon will not be able to take many
refugees because of unemployment problem there.
Arabs at Lausanne, Switzerland, demand that Absentee Act be abrogated
to allow owners of groves and grove workers to return. They are concerned
about damage to citrus groves.
May 20. France recognizes Israel.
Israel and Poland reach trade agreement.
May 26-27. UN headquarters in Haifa, Palestine, is broken into; documents
are taken, as well as envelopes addressed to Lausanne and files appear to
have been rifled.
May 30. Britain agrees to allow Israel to spend $14 million of Jewish assets
frozen in Britain since 1948.
Chronology— 1949

June 3. At Lausanne, Switzerland, the refugee population numbers in each

country are reported: Syria—60,000; Lebanon—100,000; Iraq—5,000; Egypt—
15,000; Jordan—0; Gaza region—140,000; and the region in the Nablus-
Jenin-Tulkarm "triangle"—180,000.
June 5-11. Indirect Israel-Arab peace negotiations through the UN Palestine
Conciliation Committee in Lausanne, Switzerland, deadlock.
June 9. U.S. demands that Israel relax its stand on return of Arab refugees and
give Arabs land to compensate for Israeli gains in excess of partition plan.
Israel demands that U.S. use economic pressure to force Arabs to discuss all
issues concerning Palestine, not only Arab refugee problem.
The Bank of America gives loan to be used to compensate Arabs who fled.
UN mediator Ralph Bunche advises British not to resume sending arms to
the Arabs until it is cleared with Security Council. He points out that ban on
weapons in Middle East is still in effect.
Senate Expenditures Subcommittee blames International Organization
and nations of the world for failing to resettle more than 700,000 displaced
persons still in Europe. They say that the problem will never be solved until
immigration curbs are ended.
June 10. Britain announces it will resume sending arms to Arab states.
June 11. League of Red Cross Societies reports that more than $1 million of
UN relief funds for Middle East refugees were wasted in excess profits for
middlemen dealing in relief supplies.
June 12-18. Israel resists U.S. pressure to break deadlock in UN Palestine
Conciliation Committee in Lausanne, Switzerland. Arabs want to discuss
refugee problem before discussing peace terms. They request that Israel
admit some of the 560,000 to 800,000 Arab refugees.
June 13. Major Aubrey Eban, of Israeli delegation to UN, protests British
resumption of arms shipments to Arabs.
June 14. The Baghdad Arabic Radio reports the war in Palestine will be
resumed shortly.
June 15. Foreign Minister Moshe Shertok of Israel speaks to Knesset: UN
partition plan as well as internationalization of Jerusalem is void because
Arabs attacked Israel; Israel should not give up any land that is in excess of
partition plan. Arabs are trying to gain land politically because they could not
gain land militarily; if Arab refugees are allowed to return before peace
settlement, refugees could form army. Israel wants to obtain territory in Gaza
from Egypt if 230,000 Arab refugees are readmitted to area; Syria wants more
land on the Syrian-Israeli frontier near Galilee, a term Israel will never concede
to. . ;
June 17. At UN, Israel continues its opposition. U.S. delegate Mark Ethridge
wants Israel to admit 230,000 Arabs immediately.
 Chronology—1949

June 18. Arabs attack Jews in territory Israel gained from Jordan northeast
of Jerusalem.
June 26. UN secretary general Trygve Lie advances $1 million of UN funds
to continue operations of UNRPR. UN is now helping 940,000 Palestinian
Arabs.
June 27. Rabbi Nathan Wise writes to President Truman, criticizing "Perfidi-
ous Albion," his name for Great Britain. He warns U.S. not to be deluded by
Great Britain: Britain supplied arms to Arabs and used anti-Israel propaganda;
failure of Lausanne Conference was caused by British. Leonard R. Cowles,
member of Palestine Conciliation Committee, sends reply saying the confer-
ence did not fail.
Dr. Walter Eytan, head of Israel delegation, reports to Palestine Concili-
ation Committee that many orange groves are beyond repair but some groves
are being saved using Jewish and Arab labor. There is no need to hire extra
labor. All refugees, including grove workers and owners, will be considered
under peace plan. He also states that lawful Arab residents of Israel do not
have frozen bank accounts.
June 28. Baghdad Arabic Radio reports on weakness of Arabs, especially
Arabs who want normal relations with Israel. Broadcast reports that Arabs will
never cease to regard Israel as a hostile enemy.
June 29. Israel's Knesset endorses Foreign Minister Moshe Shertok's poli-
cies concerning boundaries, return of Arab refugees, and futureof Jerusalem.
July 2. Israel is admitted to World Health Assembly.
July 6. UN calls meeting to discuss problem of Arab Legion's refusal to admit
convoys with supplies and relief personnel to Mount Scopus.
In Lausanne, Switzerland, Arabs express their concern about property
they left in Palestine. They fear property has been damaged, especially the
orange groves. They are also concerned about damage to mosques. Israel
says it will release churches as soon as security permits a release.
July 14. Syria says refugee problem was brought about by Jewish immigra-
tion.
July 20. Israel and Syria sign armistice. Disputed frontier areas are demilita-
rized.
July 25. A group of Arab leaders, friendly to mufti of Jerusalem and hostile to
King Abdullah of Jordan, meet. They demand that Arab Palestine be made a
separate state^not an annexation of Jordan.
July 27. Israel agrees to allow Arab women and children to return if heads of
families are in Israel.
UN mediator Ralph Bunche announces that all truce conditions may be
lifted, including arms embargo.
Chief public prosecutor of Sweden intends to examine Israeli report,
submitted to UN May 1949, concerning Count Bernadotte's assassination.
Chronology—1949

July 27 cont. Arab delegations meet UN Palestine Conciliation Committee.

Committee wishes to be informed of refugees' application '^ return. Jordan
wants concept of family expanded. There is also discussion concerning frozen
bank accounts.
July 28. UN Palestine Conciliation Committee defines its role: to see that
Arabs and Israelis strive for definite settlement.
July 29. Israel offers to admit a definite number (100,000) of Arab refugees
when permanent peace is made with Arab states. Israel requests that other
Arab countries absorb 600,000 refugees.
August 2. U.S. representative on committee on refugees reports that refu-
gees do not believe UN reports concerning state of affairs in Palestine.
Resettlement in Jordan is not a popular idea, because King Abdullah is not
trusted. An inspection of citrus groves shows 50 percent can be saved.
August 11. UN Security Council votes to relieve mediator Ralph Bunche of
his mission. Council orders Israel and Arabs to observe armistice agreements
pending permanent peace settlement. Number of truce observers is cut.
August 12. British resume selling arms to Arabs.
August 14. Husni al Zaim, who seized power as Syria's president on March
30, and Premier Mohsen el Barazi are taken captive and executed by army
officers. There was considerable opposition to Barazi's plan to reach quick
settlement with Israel on refugee problem. He planned to have refugees
colonize and develop Syria. Egypt goes into mourning, and King Abdullah of
Jordan proposes meeting.
August 16. Direct Israel-Arab talks through Palestine Reconciliation Commit-
tee begin.
September 13. UN Palestine Conciliation Committee submits a plan for an
international Jerusalem. City will be demilitarized and divided into Arab and
Jewish administrative zones under UN commissioner. Israel announces that
it will never approve the plan.
September 16. International Refugee Organization reports that Israel has
admitted 123,000 IRQ-sponsored immigrants.
October 6. U.S. consulate in Haifa, Palestine, reports that it has a backlog of
15,000 people wanting to immigrate to U.S.
October 7. A Tel Aviv, Palestine, newspaper office receives a phone call
saying UN representatives in Israel are in danger.
October 8. Egypt charges that Israel opened fire on Abbassan on October 7.
 Chronology—1949

October 9. Palestine Arab Congress meets. They offer full cooperation with
the Economic Survey Mission, an agency of the UN established to study
Middle Eastern economic conditions and help refugee settlement. They state
that refugees have an inalienable right to return to their homes; that the
maximum numberof refugees should be settled in Palestine, then Jordan, and
Arab states will take remaining refugees. They also state that Arabs should
receive compensation for lost and damaged property. A plan is set up to
register refugees.
October 23. Israel charges that Iraq has arrested and tortured hundreds of
Jews and appeals to U.S. and Britain.
October 25. Harry Greenstein, U.S. adviser on Jewish affairs in Germany,
discusses Israel. He reports that Israel wants 150,000 more immigrants in
1950. Israel wants to keep the doors open for every Jew despite resettlement
problems of displaced persons. Settlements have tobebuilt, and people must
be trained for jobs.
October 27. Iraq replies to October 23 charges that only 40 Jews were
arrested for disturbing the peace.
October 28. Israel threatens to quit Palestine Conciliation Committee nego-
tiations unless Arab states deal directly with Israel, not through Committee.
Secretary General Trygve Lie recommends that UN high commissioner's
office be set up January 1,1951, to protect displaced persons after Interna-
tional Refugee Organization disbands.
November 10. Israel holds reception for new immigrants. Jewish Agency
reports that 32,000 Yemenite Jews were flown from Aden to Israel and that
Aden-Lydda "airlift" will bring 15,000 more in two weeks. The Jews in the
Soviet Union, Rumania, and Hungary are prevented from leaving.
November 18. UN Economic Survey Mission for the Middle East proposes
after a three-month study that the General Assembly set up program of relief
and public works in various Arab countries for 652,000 Arab refugees from
Palestine.
November 20. Jewish population in Israel reaches one million.
November 25. Israel turns down the UN Palestine Conciliation Committee's
plan for an international Jerusalem. Foreign Minister Moshe Sharett says
Jews favored UN control of Jerusalem at one time. They oppose it now,
because if they lose Jerusalem they will have to rescue it from Arabs. They
recommend that Jerusalem's old city be internationalized. Modern Jerusa-
lem's holy places will be accessible to people of all faiths.
November 26. Jordan rejects Jerusalem plan. Jordan and Israel are only
countries to do so. Pasha el Mulbi says that Jerusalem must be held by Arabs
to protect surrounding Arab sectors.
December 1. UN General Assembly's Political Subcommittee recommends
an international Jerusalem despite objections of Israel and Jordan.
Chronology— 1949

December 2. Political Committee votes for $54,900,000 for direct relief and
work relief for Palestinian refugees.
December 8. UN Relief and Works Agency for Palestine Refugees is
established to handle $54,900,000. It succeeds UNRPR.
Burma recognizes Israel.
December 9. UN General Assembly votes to put Jerusalem under permanent
UN rule, the same decision as on November 29,1947. Arab states approve
because they are suspicious of Jordan's King Abdullah. Britain opposes plan
because Israel and Jordan will be forced to accept plan. U.S. opposes plan but
favors Dutch-Swedish compromise in which only religious shrines would be
under UN control, instead of all of Jerusalem.
December 12. U.S. asks Israel and Jordan not to do anything which would
disrupt relations with other Arab states or the Vatican.
December 13. Knesset ignores UN resolution for internationalization of
Jerusalem and votes to complete transfer of all government offices to
Jerusalem.
UN Trusteeship Council finishes drafting statute for Jerusalem.
December 14. Israeli government moves to Jerusalem from Tel Aviv, Pales-
tine.
December 15-16. UN Trusteeship Council proposes to censure Israel for
moving its government. It also asks Israel to help UN draft charter for city.
December 16. Prime Minister David Ben-Gurion of Israel announces that
Jerusalem will become capital of Israel on January 1,1950.
December 20. UN Trusteeship Council asks Israel to call off transfer of its
government to Jerusalem.
UN Economic Survey Mission plans several projects to be covered by the
aid program for Arab refugees including irrigation and hydroelectric develop-
ment in Arab Palestine and Arab countries.
December 25. Israel and Jordan ease armistice restrictions so pilgrims can
attend Christmas services in Bethlehem. Most people in Holy Land are UN
personnel and diplomats, because Jordan prohibits other pilgrims from
returning directly to Israel.
December 31. Israel refuses UN Trusteeship Council request that it remove
its capital from modern Jerusalem. Israel claims there are too many obstacles
to an international Jerusalem whether or not it is a Jewish capital. Jews claim
General Assembly's attempt to internationalize the city is an "attempt to
cancel liberty."
Frame File Subject

REEL INDEX
Reel 1
International Conferences

501 .BB Palestine UN General Assembly Special Committee on

Palestine
0001 December 1945
0007 June 1946
0013 July 1946
0027 August 1946
0031 September 1946
0053 October 1946
0088 November 1946
0089 December 1946
0098 January 1947
0106 February 1947
0114 March 1947
0118 April 1947
0229 May 1947
0284 June 1947
0422 July 1947
0750 August 1947
0896 September 1947

Reel 2
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 October 1947
0477 November 1947
Frame File Subject

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0790 December 1947
0969 January 1948

Reel 3
International Conferences cont.

501.BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 January 1948 cont.
0089 February 1948
0553 March 1948

Reel 4
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 March 1948 cont.
0054 April 1948
0711 May 1948

Reel 5
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 May 1948 cont.
0327 June 1948
0928 July 1948
Frame File Subject

Reel 6
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 July 1948 cont.
0704 August 1948

Reel 7
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 Aug ust 1948 cont.
0384 September 1948

Reel 8
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 October 1948
0678 November 1948

Reel 9
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 November 1948 cont.
0397 December 1948
0714 January 1949
Frame File Subject

Reel 10
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 January 1949 cont.
0192 February 1949
0593 March 1949

Reel 11
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 March 1949 cont.
0068 April 1949
0257 May 1949
0660 June 1949

Reel 12
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 June 1949 cont.
0224 July 1949
0700 August 1949
Frame File Subject

Reel 13
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 August 1949 cont.
0343 September 1949
0610 October 1949
0788 November 1949

Reel 14
International Conferences cont.

501 .BB Palestine UN General Assembly Special Committee on

Palestine cont.
0001 December 1949

501 .MA Palestine International Refugee Organization—Palestine

0161 January 1948
0170 July 1948
0171 August 1948
0181 September 1948
0194 October 1948
0218 November 1948
0221 December 1948
0226 January 1949
0290 February 1949
0393 March 1949
0661 April 1949
0723 May 1949
0754 June 1949
0835 July 1949
0942 August 1949
0978 September 1949
1000 October 1949
1036 November 1949
1049 December 1949
 COUNTRIES COVERED IN UFA'S
CONFIDENTIAL U.S. STATE DEPARTMENT
CENTRAL FILES SERIES
LATIN AMERICA EUROPE
Argentina France
Cuba Germany
El Salvador Great Britain
Honduras Italy
Mexico Poland
Nicaragua Soviet Union
Spain
ASIA
China THE MIDDLE EAST
Formosa Egypt
India Iran
Indochina Iraq
Japan Lebanon
Palestine-Israel
AFRICA Saudi Arabia
South Africa Syria

UNIVERSITY PUBLICATIONS OF AMERICA

The Case for Palestine
An International Law Perspectiv e

John Quigley

Duke University Pres s

Durham & Londo n
2005
© 1990 Duke University Pres s
All rights reserve d
Printed in the United States of Americ a
on acid-free paper x
Library of Congress Cataloging-in -
Publication Data appear on the las t
printed page of this book .
Revised and expanded edition © 2005


Contents

Acknowledgments i x
Preface to the Second Edition x i

Part One Origins of the Zionist-Arab Conflict in Palestin e

i Zionist Settlement in Palestine : The British Connection 3

2 Zionist-Arab Conflict under the British Mandate : The Struggle
for Land 1 4
3 Things Fall Apart : The Collapse of the British Mandate 2 3
4 A Portrait by Picasso : The UN Recommendation o f
Partition 3 2
5 Chaos on the Ground : Palestine in a Power Vacuum 4 0
6 Whose Land to Give? The UN Power over Palestine 4 7

Part Two The 1948 War and the Establishment of Israel

7 Sten Guns and Barrel Bombs : The Realization of the Zionis t

Dream 5 7
8 Kaftans and Yarmulkes : The Claim of Ancient Title t o
Palestine 6 6
9 Arab vs . Zionist : War of Independence or War o f
Aggression? 7 3
r o Exodus : The Departure of the Palestine Arabs 8 2
r r To Justify a State : Israel as a Fact 8 7

Part Three The Status of Arabs in Israel

12 The Real Conquest : The Repopulation of Palestine 9 7

13 The Present Are Absent : The Fate of the Arabs' Land ro 5
14 Hewers of Wood : Arab Commerce, Agriculture, and Labor r r r
15 The National Institutions : The Legislation That Makes Israe l
Jewish rr 6
vili Content s

16 Holding the Soil : Arab Access to Land 12 1

Acknowledgment s
17 The Law of Ingathering : Nationality and Citizenship 12 6
18 Divide and Conquer : Arabs in Israel's Political System 13 r
19 Protecting Privilege : Arabs and Governmental Services 13 8
20 Some Are More Equal : Ethnic Distinctions in the Law o f
Israel 14 5

Part Four The 1967 War, the West Bank, and the Gaza Strip
21 No Peace : War Always on the Horizon 15 3 I am indebted to many persons for intellectual stimulation and fac-
22 Mortal Danger? The 1967 Israel-Arab War 16 1 tual information that were critical to the writing of this book . A
23 Deja Vu : Israel's Control of the West Bank and Gaza 16 8 number of Palestinian and Israeli lawyers and political analysts hav e
24 More Land : Confiscation and Settlements 17 4 provided encouragement and source material . My colleagues at the
25 More Hewers of Wood: Commerce, Agriculture, an d College of Law, Ohio State University, engaged me in productive dia -
Labor 18 2 logue. Law students in my international law seminars provided m e
26 By the Sword: The Palestine Arabs' Claim of a Right t o with new perspectives on points I thought I had solved . The College
Resist 18 9 of Law provided research support and invaluable assistance with com -
27 Guns and Stones : Resistance by the Palestine Arabs to puting . Its Law Library staff located publications in libraries aroun d
Occupation 19 8 the world .
I profited greatly from the reading of an early draft by Professo r
Part five Resolution of the Palestine-Israel Conflic t Isaak Dore of St . Louis University, Professor Nasila Rembe of the
28 Statehood in the Making : Palestine Declare s National University of Lesotho, attorney Abdeen Jabara, Rabbi Elme r
Independence 20 9 Berger, Ernest G . Nassar, attorney (and my wife) S . Adele Shank, an d
29 Oslo via Madrid : A Turn to Peace? 21 5 my mother Ruth Quigley. Duke University Press's readers saved m e
30 Talks Fail : The Sword Replaces the Pen 22 0 from factual errors and pointed me in important new directions . I
31 Jerusalem and the Settlements : Who Should Stay? 22 5 thank Duke University Press Editor Reynolds Smith for his steadfas t
32 The Displaced : Where Will They Go? 23 0 support and encouragement, and his help in transforming my origi-
33 The Way Forward : Peace or Confrontation? 23 6 nal manuscript into a book.

Notes 23 9
Index 333
Preface to the Second Editio n

The years following the publication in 1990 of the first edition o f

this book have witnessed monumental developments in the Israeli -
Palestinian conflict . Israel and the PLO agreed to negotiate . They
identified issues to be resolved : a division of territory, the status o f
Jerusalem, Israel's settlements in Gaza and the West Bank, the re-
patriation of the Palestine Arabs dispersed in 1948 to other countries .
Each side formally recognized the other, and a Palestinian authority
entered into limited administration of the Gaza Strip and West Bank .
The negotiation process broke down in 2000, however, leading t o
a disastrous period of lethal violence that brought new suffering an d
hardship . This tragedy lent new urgency to the attainment of a nego -
tiated peace . To understand the validity of the positions asserted a t
the negotiation table, one must understand how the conflict devel-
oped and how the legal rights of the parties were affected by events .
That history, as recounted in the first edition, is retained in thi s
second edition.
I have added an analysis of the legal considerations underlyin g
the issues the parties have identified to be resolved . The impasse in
negotiations may be broken sooner if informed opinion from othe r
sources, from governments and from the world public, is brought t o
bear on the parties . The positions of each side need to be tested in th e
public arena. It is my hope that this new edition will promote such a
process .
Violence at the international level since September 2001 has set
the Israeli-Palestinian conflict in a new context of regional, and eve n
worldwide, conflict . The Israeli-Palestinian conflict has become a
critical piece in a larger puzzle. Although this book limits itself t o
the Israeli-Palestinian conflict, these wider ramifications lend a n
added urgency to the quest for a durable settlement .
In writing this book, I have been acutely aware of the passion that
xii Preface
Part On e
is felt on each side of the Israeli-Palestinian divide. The difference i s Origins of the Zionist-Arab
not confined to what each side sees as desirable outcomes to th e
conflict but extends to factual disagreements over what has occurred Conflict in Palestine
at critical historical junctures . This difference in perception of fact s
makes it difficult to describe events in a way that will not give ris e
to objection . I have made every effort to recite only reliably at -
tested facts . Extensive notes allow an interested reader to explore the
sources on which the text is based .
The project of presenting a factually accurate picture is not lim-
ited to deciding whose facts are correct . Out of all the facts that relate
to the conflict, a writer necessarily includes some and omits others . I
have attempted to focus on those facts that are most relevant to a n
assessment of the conflict from the standpoint of legal entitlement .
The issue of legal entitlement is at the heart of the analysis pre-
sented in this book . That emphasis is not merely a manifestation o f
my own professional background . The conflict needs to be resolved,
in my estimation, in a manner consistent with the legitimate expec-
tations of the two populations as regards rights of residency, of prop -
erty, of fair treatment . Those expectations are found in the rules tha t
the world community has developed for the treatment of individuals,
for control over territory, and the like . It is a thesis of this book tha t
the rights of the individuals who make up the two populations mus t
be respected in a settlement . My fear is that a settlement that doe s
not respect those rights will not be accepted and may only perpetuat e
the conflict .
I understand that most writers on the Israeli-Palestinian conflic t
find an emphasis on legal entitlement to be unrealistic, even coun-
terproductive . They point out that politics has played a decisive rol e
in shaping the conflict and say that if settlement proposals are con -
fined to propositions based in international law, no agreement wil l
be reached . I acknowledge the difficulty of bringing about a settle-
ment based on legal entitlement . At the same time, I remain con-
vinced that a peace not based on justice may turn out to be no peac e
at all.
1

Zionist Settlement in Palestine:

The British Connection

. . . to a good and broad land, a land flowing with milk and honey—Holy
Bible, Exodus 3 : 8

A movement formed in the late nineteenth century among Jews i n

Europe to establish a Jewish state in Palestine, a land that during th e
first millenium B .C . had been the site of a Hebrew kingdom . Th e
movement took its name—Zionism—from Mount Zion in Jerusalem ,
and its purpose was to escape discrimination in Europe . Mass kill-
ings of Jews had erupted from time to time going back to the elev-
enth century during the time of the Crusades when Jews had bee n
forcibly converted to Christianity. In the fourteenth century Jews wer e
held responsible for the Black Death, and large numbers were exe-
cuted. Jews were frequently expelled from their places of residence ,
and in many places they were forced to reside in designated sectors .
The French Revolution improved the situation of Jews in West -
ern Europe, but not in Eastern Europe . Most Eastern European Jew s
lived in Russia or Poland, which was ruled by Russia at the time, and
in Russia Jews were by law restricted to residence in a so-called pale ,
as well as limited in the professions they could pursue . After severa l
decades in which these restrictions were relaxed, in r 881 reactionary
Alexander III became tsar and the situation of Jews worsened . Alex-
ander III excluded Jews from the legal profession and from the righ t
to vote in local government assemblies. He reduced the area of th e
pale and forbade Jews to settle in rural areas, even within the pale . By
law he forbade Jews to take Christian given names . l Ultimately, seri-
ous mob attacks against Jews (pogroms) occurred in Russia and Polan d
in the late nineteenth century and, as a result of Alexander III's poli-
cies, Jews left Russia in large numbers . Most went to the Unite d
States, but some went to Palestine .

4 Origins of Conflict in Palestine
In 1897 Zionism emerged as a European-wide political move-
ment with the first World Zionist Congress held in Basle, Switzer -
land, where Theodor Herzl, an editor of the influential Viennese paper ,
Neue Freie Presse, had emerged as a leader . Herzl's 1896 pamphle t
Der Judenstaat (The State of the Jews) had called for a Jewish state in
Palestine, and its publication in Vienna made a great impact . No t
surprisingly, Zionism had its strongest following in Russia, but eve n
there it was only one of several nationalist currents in Jewry . Despite
the difficult circumstances of life, most Jews remained in Easter n
Europe and of those leaving most still preferred the United States .'
In Palestine, an Arab-populated country under the Ottoman (Turkish )
Empire, Zionist immigrants set up agricultural settlements on pur-
chased land . "From the very beginning," wrote Ariel Hecht, an Israel i
analyst of land tenure in Palestine, "it was clear to the leaders of th e
Zionist movement that the acquisition of land was a sine qua no n
towards the realisation of their dream .i4 Land was not acquired in a
random fashion . The effort, wrote Israeli General Yigal Allon, was "t o
establish a chain of villages on one continuous area of Jewish land ."'
The Arabs, soon realizing that the immigrant's aim was to establis h
a Jewish state, began to oppose Zionism .6 As early as 1891 Zionis t
leader, Ahad Ha'am, wrote that the Arabs "understand very well wha t
we are doing and what we are aiming at .
In 1901 the World Zionist Organization formed a company, th e
Keren Kayemeth (Jewish National Fund), to buy land for Jewis h
settlers .' According to its charter, the Fund would buy land in "Pal-
estine, Syria, and other parts of Turkey in Asia and the Peninsula o f
Sinai .i9 The aim of the Fund was "to redeem the land of Palestine a s
the inalienable possession of the Jewish people .i10 Fund director, Abra -
ham Granovsky, called "land redemption" the "most vital operatio n
in establishing Jewish Palestine .i1 1
The Fund's land could not be sold to anyone and could be lease d
only to a Jew, an "unincorporated body of Jews," or a Jewish company
that promoted Jewish settlement . A lessee was forbidden to sublease . 12
Herzl considered land acquisition under a tenure system that kept i t
in Jewish hands as the key to establishing Zionism in Palestine . "Let
the owners of immovable property believe that they are cheating us, "
he wrote, "selling us things for more than they are worth . But we are
The British Connection 5
not going to sell them anything back .i13 The Fund thus kept land as a
kind of trustee for a future state . 14
The Fund purchased large tracts owned by absentee landowners .
Most of this land was tilled by farmers whose families had held it fo r
generations with possessory rights recognized by customary law Re-
grettably for many of these families, in the late nineteenth centur y
Turkey had instituted a land registration system that led to wealth y
absentees gaining legal title to land, often by questionable means .
After this occurred, the family farmers continued in possession—a s
tenants—and considered themselves to retain their customary righ t
to the land, although that was no longer legally the case .''
At the turn of the century the better farmland in Palestine wa s
being cultivated . In 1882 a British traveler, Laurence Oliphant,
reported that the Plain of Esdraelon in northern Palestine, an area i n
which the Fund purchased land, was "a huge green lake of wavin g
wheat.." 16 This meant that the Fund could not acquire land withou t
displacing Arab farmers . A delegate to a 1905 Zionist congress ,
Yitzhak Epstein, warned : "Can it be that the dispossessed will kee p
silent and calmly accept what is being done to them? Will they no t
ultimately arise to regain, with physical force, that which they wer e
deprived of through the power of gold? Will they not seek justic e
from the strangers that placed themselves over their land?""7
An element of the Zionist concept of "land redemption" wa s
that the land should be worked by Jews . This meant that Arabs shoul d
not be hired as farm laborers . While this policy was not uniforml y
implemented, it gained adherence . In 1913 Ha'am objected to it . "I
can't put up with the idea that our brethren are morally capable o f
behaving in such a way to men of another people . . . if it is so now,
what will be our relation to the others if in truth we shall achieve
power?" 1 s
But Herzl viewed the taking of land and expulsion of Arabs as
complementary aspects of Zionism . It would be necessary, he thought ,
to get the Arabs out of Palestine . "We shall try to spirit the penniless
population across the border by procuring employment for it in th e
transit countries, while denying it any employment in our ow n
country. . . . Both the process of expropriation and the removal of th e
poor must be carried out discreetly and circumspectly.i19 Some Zion-
ist leaders advocated moving Palestine Arabs to neighboring coun-

6 Origins of Conflict in Palestine
tries by force if necessary . -' ° Moshe Menuhin, a student at the Herzli a
Gymnasium in Palestine during the early twentieth century, recalle d
years later that "it was drummed into our young hearts that the father-
land must become ours, 'goyim rein' (free of Gentiles) . i21
In 1909 the World Zionist Organization formed the Palestine
Land Development Company, Ltd ., which became the main purchas-
ing agency for the Fund . 22 As land purchases increased, so did Ara b
opposition to them and, consequently, to Zionism itself .'" At vari-
ous locations in northern Palestine Arab farmers refused to mov e
from land the Fund purchased from absentee owners, and Turkis h
authorities, at the Fund's request, evicted them .24 Arabs formed soci-
eties in Jerusalem and Nablus to raise funds to purchase land tha t
might otherwise be sold to Zionists, and Arab newspapers warned of
the danger that Zionism posed to Palestine . 25 In Haifa Arabs formed
a society in 1910 to lobby Turkey to prohibit land sales to Zionists, 2C
and Arabs boycotted goods produced by the settlers . 27 In 1914 Arabs
in Tiberias protested when settlers tried to buy the Huleh marshes ,
which contained mineral deposits . 2" At times dispossessed Arab farm -
ers raided settlements built on their former lands and Zionist set-
tlers formed a militia that it called Hashomer to defend them .29
The indigenous Jews of Palestine also reacted negatively to Zion -
ism . They did not see the need for a Jewish state in Palestine and di d
not want to exacerbate relations with the Arabs . In 1903 a Zionis t
group in Palestine tried to convene a "Jewish National Assembly, "
but they got little response from the indigenous Jewish communi-
ties, which were in Jerusalem, Safad, Tiberias, and Hebron .30
Zionism emerged just as European nations were dividing Africa .3 1
Taking advantage of the European interest in colonization, Herz l
sought the backing of European governments in establishing a Jew-
ish state . To European leaders he argued that Zionism would serv e
their interests in the Middle East .32 "For Europe," Herzl said, "we
could constitute part of the wall of defense against Asia ; we would
serve as an outpost of civilization against barbarism.i33 Yet Palestin e
was only one of several possible sites discussed for settlement . In
1903, at Herzl's request, Britain offered Uganda as a Jewish state . 34
The 1903 Zionist congress voted to send a commission there but le t
the matter drop .'"5 In 1904 Herzl approached King Victor Emmanuel
III of Italy and asked for Tripoli (north Africa) as a Jewish state . The
The British Connection 7
king refused.36 To the sultan of the Ottoman Empire, Abdiilhamid II ,
Herzl argued that Jews would help prevent an Arab uprising agains t
the empire.3 7
Herzl approached Britain because, he said, it was "the first t o
recognize the need for colonial expansion ." According to him, "the
idea of Zionism, which is a colonial idea, should be easily and quickl y
understood in England ."'3" In 1902 Herzl approached Cecil Rhodes ,
who had recently colonized the territory of the Shona people as Rho-
desia . "You are being invited to help make history," he said in a lette r
to Rhodes . "It doesn't involve Africa, but a piece of Asia Minor ; not
Englishmen, but Jews . How, then, do I happen to turn to you sinc e
this is an out-of-the-way matter for you? How indeed? Because it i s
something colonial .i39
Britain had already shown interest in Palestine . In 1839 Lord
Palmerston as foreign secretary had opened a consulate in Jerusalem ,
instructing it to protect the Jews . Then in 1840 Palmerston propose d
to the Ottoman Empire that it encourage settlement of Europea n
Jews in Palestine and that Jews be permitted to make complaint s
against Ottoman officials through the British embassy in Constan-
tinople .40 While nothing came of this plan, the British consul at Jeru-
salem carried out Palmerston's directive to assist Jews ." When anti -
Jewish violence erupted in Damascus in 1840, Britain extended
protection to Jews in Palestine .42
In encouraging the Jews to look to Britain for aid, Palmersto n
was following a technique already being used by rival powers . Culti-
vating a population group was a technique of European interventio n
in the Middle East in the nineteenth century. France already ha d
client populations in the Levant, and Russia courted the Orthodox
population .43 A protected minority, it was hoped, would be loyal t o
the protecting power,44 so Palmerston encouraged Jewish dependenc e
on Britain.47 This policy, however, was not risk-free . Conflict on pro-
tection of minorities precipitated the Crimean War of 1854-56 . 46
The Zionist movement hoped to build on this earlier British interes t
and on its contemporary needs in the Middle East . After Herzl's death
in 1904 Chaim Weizmann assumed the lead .47 A research chemist ,
Weizmann did military research for Britain during World War I an d
gained a position in the British admiralty through Lord Balfour, wh o
was then foreign secretary.48 Like Herzl, Weizmann argued that spon-

8 Origins of Conflict in Palestine
sorship of Zionism could help Britain . "Should Palestine fall withi n
the British sphere of influence," he wrote to the Manchester Guardian
in 1914, "and should Britain encourage a Jewish settlement there ,
as a British dependency, we could have in twenty to thirty years a
million Jews out there, perhaps more ; they would develop the coun-
try, bring back civilization to it and form a very effective guard fo r
the Suez Canal .i4 9
As Britain was taking territory from the Ottoman Empire i n
World War I, Weizmann increased his efforts . In 1917 he convince d
Balfour to propose to the cabinet a policy statement in support o f
Zionism. '" At Balfour's request Weizmann and Lord Rothschild, wh o
headed the Zionist Federation in Britain, drafted the statement . Bal -
four convinced the cabinet to approve the statement, which Balfou r
then issued as a letter to Rothschild . The letter said that Britai n
"viewed with favor the establishment in Palestine of a national hom e
for the Jewish people, it being clearly understood that nothing shoul d
be done which might prejudice the civil and religious rights of exist-
ing non-Jewish communities in Palestine, or the rights and politica l
status enjoyed by Jews in any other country." 51 The letter becam e
known as the Balfour Declaration . The next month Britain capture d
Jerusalem .
The cabinet issued the declaration because it thought that Zion -
ism would help Britain . 52 It hoped that Jewish settlement of Palestin e
under British auspices would strengthen Britain there . 53 Louis Bran -
deis, the president of the Zionist Federation of America, said tha t
from his contact with British officials during World War I he becam e
convinced that it was "as much to the interest of Great Britain as t o
our interest" that "Palestine should be developed by Jews .i54 Sir Ron -
ald Storrs, Britain's military governor of Jerusalem and later of Pales -
tine, said that Zionism "blessed him that gave as well as him tha t
took by forming for England 'a little loyal Jewish Ulster' in a sea o f
potentially hostile Arabism .15 5
Moreover, the War had demonstrated the importance of oil, an d
Britain wanted to build a pipeline from Arabian oil fields west t o
Haifa . S6 Britain's Palestine expert, Sir Mark Sykes, saw in Zionism a
vehicle for extending British influence in the Middle East . S7 In 191 6
Sykes negotiated with France the secret Sykes-Picot Agreement ,
which arranged the postwar partition of the Ottoman Empire . Th e
agreement gave Britain the right to build a port at Haifa" and called
The British Connection 9
for joint Anglo-French control of Palestine . 59 The cabinet feared com -
petition from France and thought that a Jewish presence in Palestin e
under British protection would help it solidify control ." It als o
thought that Jewish settlement in Palestine would give Britain a soli d
base to counterbalance France's control of Lebanon and Syria . "
Prime Minister David Lloyd George viewed a Jewish " garrison -
colony" in Palestine as a buffer for Egypt and the Suez Canal, 62 a
view Weizmann encouraged by offering a Jewish Palestine as "a n
essential link in the chain of the British Empire ." He said that Brit-
ain needed, "somewhere in the countries abutting on to the Sue z
Canal, a base on which, in case of trouble, she can rely to keep clea r
the road of Imperial communication .i6'3 A foothold in Palestine would
provide protection for Britain's vital Cape-to-Cairo and Cairo-to-Indi a
4
routes . 6
Britain also had interests relating to the prosecution of Worl d
War I, which had not yet ended . It needed to combat pacifism i n
Russia—Britain's ally—because the Bolshevik party was threaten-
ing a separate peace with Germany. The cabinet hoped that, sinc e
the Bolshevik Party counted many Jews as members and was anti -
Zionist, British support for Zionism would draw Russian Jews away
from Bolshevism . 6 5
Finally, Britain had a problem gaining the sympathy of neutral -
state Jews for its war effort because of Russian anti-Jewish policies . 66
Weizmann said that Britain, in issuing the Balfour Declaration, sough t
"to win the sympathy of world Jewry, especially of the America n
Jews .i67 Lloyd George said later that the Zionist leaders had prom-
ised, in return for the declaration, to "do their best to rally Jewis h
sentiment and support throughout the world to the Allied cause ." H e
was satisfied that they had kept their word . 6 s
After the decline of colonialism Britain's sponsorship of Zionis m
would engender dispute over its character . Zionism had been used ,
said some, as a cover for British imperialism . 69 The political scien-
tist Hannah Arendt, a refugee from Nazi Germany who worked i n
Jewish relief organizations, found Zionism a movement that origi-
nally was idealistic . But she said that "by taking advantage of impe-
rialistic interests," Zionism had "sold out at the very first momen t
to the powers-that-be ." In a reference to Palestine's Arabs, she sai d
that Zionism had "felt no solidarity with other oppressed peoples .i70

10 Origins of Conflict in Palestine
In response, it was argued that British sponsorship did not color Zion -
ism. "Since when," asked the Zionist legal scholar, Nathan Feinberg ,
"does a humanitarian project cease to be humanitarian and becom e
reprehensible simply because those who support it are likely to deriv e
some political benefit? " 7 1
The Balfour Declaration referred to a Jewish "national home" in Pal -
estine . The Zionist aim was to establish a state, as set forth in Herzl' s
Der Judenstaat . "National home" had been used instead of "state "
by the first World Zionist Congress, because, with Jews only a smal l
minority in Palestine, political reality dictated a formulation in les s
forthright terms . The congress conceived "national home" as a ste p
toward statehood . 72
Britain understood that the World Zionist Organization sough t
statehood, however, and did not object . Weizmann said that Britis h
officials assured him that "national home" meant "a Jewish State ." 73
Representing the World Zionist Organization at the Versailles Confer -
ence in 1919, Weizmann declared that "when the Jews formed th e
large majority, they would be ripe to establish such a Government a s
would answer to the state of the development of the country and to
their ideals .i74 Indeed, in the British cabinet Lord Curzon oppose d
issuance of the Balfour Declaration because he understood the ai m
to be statehood . He stated, "Here is a country with 58,000 Arabs an d
3o,000 or is it 6o,00o Jews (by no means all Zionists) . . . . Actin g
upon the noble principles of self-determination and ending with a
splendid appeal to the League of Nations," we "draw up a document "
that is "an avowed constitution for a Jewish state .'
The Balfour Declaration was also inexplicit on another poin t
—the territory to which it applied. The declaration referred to a
"national home" to be created "in" Palestine . This formulation sug-
gested that it might encompass less than the entire territory of Pales -
tine . But Brandeis told Balfour that, despite this formulation, th e
organization wanted a state encompassing all Palestine . 76 At Versailles
it said that it wanted a state in all of Palestine, plus a strip of south -
ern Lebanon and a strip east of the Jordan River. '?
Balfour said that Zionism's critics invoked self-determination t o
argue that Palestine should belong to the majority of its existin g
population. He conceded that "there is a technical ingenuity in that
plea" but argued that "the case of Jewry in all countries is absolutely
The British Connection 1 1
exceptional . . . . The deep, underlying principle of self-determinatio n
really points to a Zionist policy, however little in its strict technical
interpretation it may seem to favour it .."'s
"In Palestine," Balfour said, "we do not propose even to go throug h
the form of consulting the wishes of the present inhabitants of th e
country." Balfour's rationale for disregarding Arab rights was tha t
"Zionism, be it right or wrong, good or bad, is rooted in age-lon g
traditions, in present needs, in future hopes, of far profounder impor t
than the desires of prejudices of the 700,000 Arabs who now inhabi t
that ancient land .."'y British officials understood that Zionist colo-
nization would take land and resources from Palestine's Arabs .
According to Hugh O'Beirne, 'All we can do" is to "devise a settle-
ment which will involve as little hardship as possible to the Ara b
populations.ift0
At the urging of Brandeis, U.S . President Woodrow Wilson ha d
responded to a September 1917 inquiry from Britain by saying tha t
he favored Zionism .s ' Yet Wilson had made self-determination of peo -
ples a major U.S. aim in World War I . Self-determination for people s
of the former Austro-Hungarian and Ottoman empires was seen a t
the 1919 Versailles Conference as necessary to a lasting peace . s2 A
journalist at Versailles, Herbert Gibbons, noted the opposition of Pal -
estine's Arabs to Zionism and asked : "How can we reconcile such a
policy in Palestine with the principles for the world-wide mainte-
nance of which we have announced that we are fighting? "
Wilson's secretary of state, Robert Lansing, viewed Wilson's back -
ing of self-determination as "fraught with danger ." "Will not the
Mohammedans of Syria and Palestine rely on it?" he worried . "How
can it be harmonized with Zionism, to which the president is practi-
cally committed? ifS4 In January 1919 a Palestinian Arab Congress
was convened in Jerusalem to plan strategy to prevent the takeover of
Palestine by the Zionist movement . Delegations represented the majo r
towns of Palestine . Some delegates sought independence for Pales -
tine with British guarantees against Zionist immigration, while oth-
ers thought that uniting Palestine with Syria would provide bette r
protection against Zionism . '
In 1919 Wilson dispatched a fact-finding commission to Pal-
estine . Known as the King-Crane Commission, its report to Wilso n
confirmed Arab fears . It said that "the Zionists looked forward to a
practically complete dispossession of the present non-Jewish inhabi-


12 Origins of Conflict in Palestine The British Connection 1 3

tants of Palestine, by various forms of purchase ." It recalled Wilson's Balfour Declaration of 1917 was built on air . . . I trembled lest th e
position in World War I had been that one of the Allies' aims was British Government would call me and ask : 'Tell us, what is thi s
that territorial settlements should be based on "the free acceptance " Zionist Organisation? Where are they, your Zionists?' . . . The Jews ,
by "the people immediately concerned, and not upon the basis of th e they know, were against us ; we stood alone on a little island, a tiny
material interest or advantage of any other nation or people whic h group of Jews with a foreign past .i94 In the United States few Jews
may desire a different settlement for the sake of its own exterio r were Zionists ." The World Zionist Organization delegation to th e
influence or mastery ." The commissioners said that "if that princi- Versailles Conference claimed to represent the Jewish population o f
ple is to rule, and so the wishes of Palestine's population are to b e Palestine, 96 but indigenous Jews there still outnumbered Zionist set-
decisive as to what is to be done with Palestine," then "the non - tlers and opposed Zionism ."
Jewish population of Palestine—nearly nine-tenths of the whole—ar e
emphatically against the entire Zionist program ." 86
To respond to this criticism, Weizmann minimized the dange r
to the Palestine Arabs . He told the Versailles Conference that the
"Zionists wished to settle Jews in the empty spaces of Palestine ."87
But elsewhere Weizmann said that Palestine should become "as Jew-
ish as England is English, or America is American ." 88
British and U.S. officials in Palestine foresaw difficulty. The King-
Crane Commission telegrammed President Wilson : "We doubt if any
British Government or American official here believes that it is pos-
sible to carry out Zionist program except through support of larg e
army. i89 Anstruther MacKay, who served as Britain's military gover-
nor in Palestine during World War I, said that without military inter-
vention from outside "the scheme of a Jewish state, or settlement, i s
bound to end in failure and disaster .i90
A Jewish "national home," it was feared by Arabs and by man y
Jews, would lead to an ethnically based state . "How could a Jewis h
Palestine allow complete religious freedom, freedom of intermarriage ,
and free non-Jewish immigration, without soon losing its very rea-
son for existence?" asked Morris Cohen, an American civil libertar-
ian and an anti-Zionist . "A national Jewish Palestine," he feared, "mus t
necessarily mean a state founded on a peculiar race, a tribal religion ,
and a mystic belief in a peculiar soil . . . . Zionists are quite willing t o
ignore the rights of the vast majority of the non-Jewish population o f
Palestine .i91
At the time of World War I Zionism still enjoyed little suppor t
among Jews . At the Versailles Conference Weizmann claimed to speak
for the 96 percent of European Jews who lived in Eastern Europe .92
"A million Jews," he said, "staff in hand were waiting the signal t o
move" to Palestine .93 But in 1927 Weizmann acknowledged that "the

2
Zionist-Arab Conflict Under the British
Mandate : The Struggle for Land
Palestine belongs to the Arabs in the same sense that England belongs to th e
British and France to the French .—Mahatma Gandhi '
In an attempt to prevent wars like the one just ended the Versaille s
Conference created an international organization of nations, calle d
the League of Nations. One source of international tension was th e
status of the colonies that Germany and Turkey had held . The peo-
ples of many of those colonies, especially Turkey's colonies, wer e
demanding independence . Yet the Versailles Conference did not opt
for independence . Instead, in Article 22 of the covenant it adopted
for the League of Nations in 1919, it characterized the peoples of th e
former German and Ottoman colonies as "not yet able to stand b y
themselves under the strenuous conditions of the modern world ." I t
said that the states administering them should promote "the well -
being and development of such peoples," bearing "a sacred trust o f
civilization ." Administering states, which it referred to as mandator y
powers, were to be accountable to the League of Nations .
An assembly of delegates elected that year from Syria, Palestine ,
and Lebanon, called the General Syrian Congress, denounced Articl e
22 . The delegates said that Article 22 "relegates us to the standing of
insufficiently developed races requiring the tutelage of a mandatory
power." Fearing that Britain would try to implement the Balfour Dec-
laration, they also rejected "the claims of the Zionists for the estab-
lishment of a Jewish commonwealth ."
Though Article 22 denied independence to the people of Pal-
estine and other dependent territories, it did recognize them as hav-
ing an international status . In 1931 the Institute of International
Law, a leading academic group, said that a mandate communit y
was a subject of international law, meaning that it had the capacity
The Struggle for Land 15
to bear rights and responsibilities .' In 1947 the UN Special Committe e
on Palestine stated that the mandate system gave "internationa l
recognition" to self-determination .' By prohibiting the states tha t
took territories from Germany and Turkey from holding them as col-
onies, the International Court of justice would say in 1971 that th e
League rejected the legality of annexation .4 The League of Nations '
Permanent Mandates Commission, which oversaw mandate admin-
istration, said that mandatory powers had no right of sovereignty bu t
that the people under the mandate held ultimate sovereignty.'
Administering states bore specific responsibilities and the con-
dition of tutelage was temporary.' The "ultimate objective," the Inter-
national Court of Justice would later say, was "the self-determinatio n
and independence of the peoples concerned . "s In determining the
fate of the territory after the expiration of the mandate, the wishes o f
the population were to be the key factor.' The League divided the
mandate territories into three classes, depending on its assessmen t
of how close the territory was to readiness for independence . Clas s
"A" mandates were the closest to independence, class "C" mandate s
the farthest from independence . The League made Turkey's forme r
colonies, including Palestine, Class "A" mandates, which it define d
as those whose "existence as independent nations can be provision -
ally recognized .i10
An opinion rendered in 1920 in a dispute that the League of
Nations was handling indicated that self-determination was consid-
ered a legal right . The dispute related to the Aaland Islands, which
lie between Finland and Sweden . The inhabitants of the Aalan d
Islands were Swedish . In 1809 Sweden ceded the islands, along wit h
Finland, to Russia . When Finland became independent of Russia i n
1917 the islanders asked Finland to return the islands to Sweden .
A committee of jurists appointed by the League to give an opinio n
on the matter said that self-determination did not apply to a peopl e
located in a state that, like Finland, is "definitively constituted ."
The jurists thus concluded that the islanders had no right to sepa-
rate from Finland. But the jurists said that in a situation of unre-
solved sovereignty self-determination would apply. They stated tha t
if "territorial sovereignty" is lacking, then "the principle of self -
determination maybe called into play ." Referring to "the principle of
recognizing the rights of peoples to determine their political fate,"
they said that a people in a situation of unresolved sovereignty had a

16 Origins of Conflict in Palestine
right to choose between "the formation of an independent State" an d
merger with an existing state . "
In 1922, at Britain's request, the League of Nations gave it a man -
date to administer Palestine . The document formalizing the relation -
ship was called the Mandate for Palestine, which was a treaty betwee n
the League and Britain . The mandate included the words of the Bal -
four Declaration, just as it was adopted by the British cabinet i n
1917 . 12 Objections were raised in Britain that to make the Balfour
Declaration governing policy in Palestine would violate the self -
determination right of the people of Palestine .' 3 In the House of Lord s
a group of members moved that Britain reject the mandate because
of the inclusion of the Balfour Declaration . They put their motion t o
a vote and it carried by 6o votes to 29 . 1 4
But the British government ignored the Lords and accepted th e
mandate. The League thus gave its endorsement to the concept o f
a Jewish national home in Palestine . 15 The scope of that endorse-
ment, however, remained unclear. The Balfour Declaration referre d
to the "historical connection" of the Jews to Palestine, and Weiz-
mann construed this phrase to mean "that we have the right to estab-
lish our national home in Palestine ." 16 But it is not clear that "right "
was intended . The World Zionist Organization had asked the Ver-
sailles Conference to use the phrase "historical right" instead of "his-
torical connection ." The conference refused, precisely to avoid recog-
nizing a right . "
The League asked the World Zionist Organization to set up a n
agency to oversee Jewish immigration and settlement . The mandat e
instrument said that "an appropriate Jewish Agency shall be recog-
nized as a public body for the purpose of advising and cooperatin g
with the Administration of Palestine in such economic, social an d
other matters as may affect the establishment of the Jewish national
home.."'s As its first high commissioner in Palestine, Britain appointed
Herbert Samuel, a proponent of Zionism . Weizmann expressed "th e
hope that Sir Herbert will continue to give his services to the Zionis t
cause for a long time to come .."'y Weizmann kept convincing Britain
of Zionism's utility. He said that Britain had "an interest in Pales -
tine" and a "double and tenfold interest in a Jewish Palestine ."''-0 He
was concerned that some British political figures, like the member s
of the House of Lords, did not agree . "Maybe the British Empire does
The Struggle for Land 17
need us, but so far not all the factors of British policy have sufficien t
knowledge of that fact . We try to make them comprehend it .i2 1
Norman Bentwich, Britain's attorney general in Palestine, said tha t
Britain as the mandatory power must advance the interests of th e
Palestine population . The "capitalistic exploitation which marke d
the development of Africa and the Far East under the protection o f
European States in the nineteenth century," he declared, was prohib-
ited by the Mandate for Palestine . 22 He said that the mandate system
meant the "right of nationalities, great and small, in the East as i n
the West, to live their national life, and the duty of the greater State s
to train them to that end" 23 But it was unclear how that would occur
in Palestine if a Jewish national home were to be created there .
Backed by the Balfour Declaration, the Jewish National Fund steppe d
up its land purchasing. 24 In 192o the World Zionist Organization
founded the Palestine Foundation Fund (Keren Hayesod) to financ e
settlement of land purchased by the Jewish National Fund .24 Fro m
the Hashomer militia, Zionist settlers formed what they calle d
Haganah (self-defense force) to protect their land .25 Brandeis sai d
proudly that the Arabs "soon realized" that the force "was not to b e
trifled with.j26 A major function of the Haganah was to decide wher e
the Fund should buy land and build settlements . "A special branch
of the General Staff determined the location of each village," sai d
General Allon, to ensure that they would be arrayed in a militaril y
defensible pattern .'''
In 1920 the Histadrut, the General Confederation of Hebre w
Workers in the Land of Israel, was founded as a nucleus for state -
building, with David Ben-Gurion as secretary-general .2s The Histadrut
sought to create an economic infrastructure for a Jewish state and t o
promote Jewish settlement .29 Its founding was later called "a cen-
tral event in the process of the rebirth of the Hebrew people in the
fatherland ." While the Histadrut organized workers, it was—as
explained by Pinhas Lavon, who later would be its secretary-general' s
secretary—"not a workers' trade union ." The Histadrut also tried to
organize Arab workers, to convince them not to oppose Zionism . 30
In 1921 Arabs rioted in Jaffa, their largest city, to protest Zionist lan d
p urchases . Recognizing the strength of this Arab reaction, Britain i n
1922 clarified that the Balfour Declaration did not mean a Jewish

18 Origins of Conflict in Palestine
state, but rather a "national home," and that the "national home "
would not encompass all of Palestine.
Some Zionists were concerned that in its quest to create a Jew-
ish state the Zionist movement was running roughshod over th e
Arabs . "We think," wrote Ahad Ha'am in a letter to the editor of th e
newspaper Ha'aretz in 1922, "that the Arabs are all savages who liv e
like animals and do not understand what is happening around . Thi s
is, however, a great error. . . . What do our brethren do in Palestine ?
. . . Serfs they were in the lands of the Diaspora and suddenly the y
find themselves in freedom, and this change has awakened in the m
an inclination to despotism . They treat the Arabs with hostility an d
cruelty, and even boast of these deeds ; and nobody among us opposes
this despicable and dangerous inclination .
The Palestine Arabs saw themselves as subjects of the Britis h
Empire and feared becoming subjects of "a protege—the Zionis t
movement—of this empire"" Quincy Wright, a leading interna-
tional lawyer, reported after a 1925 visit that the Palestine Arab s
regarded the Balfour Declaration as "a gross violation of the princi-
ple of self-determination proclaimed by the Allies . "33 Wright foun d
that the Zionist settlers rationalized their takeover on what they
argued was "the Jew's superior capacity to utilize the land an d
resources of Palestine . . . . As Englishmen occupied the lands of th e
American Indian through their superior ability to utilize them, s o
someone is going to occupy Palestine . If the Jews did not, the Italian s
would.i34 Wright found the Balfour Declaration and the mandate t o
be "political decisions" that were "difficult to reconcile with th e
claim of the Arab population to self-determination . " "
During the 1920s the British government permitted the Jewish Agenc y
to bring settlers into Palestine . The settlers needed land so the Jew-
ish National Fund—as earlier—through its Palestine Land Develop-
ment Company purchased land primarily from absentee owners .36
Arab tenant farmers, however, often refused to vacate this land . Pur-
chasers sued in the British courts, which stated that the farmers ha d
no right to remain .'' Nevertheless, the British government recognize d
the displacement as a problem, and in 1929 it enacted the Protectio n
of Cultivators Ordinance, which required purchasers to compensat e
evicted tenant farmers .'"
The settlement and land purchases, undertaken now with Brit -
The Struggle for Land 1 9
ish backing, heightened the concern of the Palestine Arabs that thei r
country might be taken from them . In 1929 conflict over access t o
the Holy Places in Jerusalem led to attacks by Palestine Arabs o n
Jewish settlements, resulting in the deaths of 133 Jews .'`" A Britis h
commission appointed to study the incidents (the Shaw Commis-
sion) found the cause of the discontent to be "the twofold fear of th e
Arabs that by Jewish immigration and land purchase they may b e
deprived of their livelihood and in time pass under the political dom -
ination of the Jews .„4 0
The Jewish Agency denied that land purchases were displacin g
Arab tenant farmers!” It said, moreover, that the purchases were law -
ful and were made from willing sellers . "A Jew must be able to buy
land from an Arab," according to Weizmann, "and must not be mad e
responsible for what may or may not happen to the willing seller .i42
But the Fund was purchasing prime agricultural land . 43 To the Pales-
tine Arabs the purchases represented a colonialist seizure of thei r
land, even though the land was handed over by willing sellers .44 They
pointed out that in many other colonial situations land was acquire d
by purchase . 4s
The Shaw Commission found that the farmers' situation wa s
"acute." It declared, "there is no alternative land to which person s
evicted can remove..i4' It found "an acceleration of a process whic h
results in the creation of a large discontented and landless class" an d
"no further land available which can be occupied by new immigrants
without displacing the present population ." The commission called
for policy changes to avert "further calls upon the police to carry ou t
evictions of large bodies of cultivators with no alternative land to
which they can be moved or upon which they can settle .i47 It recom -
mended limits on Zionist land purchases 4s and on immigration to
Palestine.'"
Britain's high commissioner for Palestine, John Chancellor, rec -
ommended total suspension of Jewish immigration and land purchas e
to protect Arab agriculture . He said, "all cultivable land was occu-
pied ; that no cultivable land now in possession of the indigenou s
population could be sold to Jews without creating a class of landless
Arab cultivators ." He recommended legislation "to insure that th e
indigenous agricultural population shall not be dispossessed of it s
land and to prevent the creation of a class of landless peasantry" Th e
Colonial Office rejected the recomrnendation . 5'

20 Origins of Conflict in Palestine
A follow-up British government investigation later in 1930 (the
Hope Simpson Commission) also found Arab landlessness as a resul t
of Zionist land purchases . "Of 688 Arab families which cultivated i n
the villages of the Vale of Esdraelon which were purchased and occu -
pied by Jews," said the commission, "only 379 are now cultivating
the land ."5 ' "It is an error to imagine that the Government is in pos-
session of large areas of vacant lands which could be made available
for Jewish settlement . In fact free areas are negligible in extent ."5 2
But Britain did not act on this finding . In a letter to Weizmann ,
dated February 13, 1931, Prime Minister Ramsey MacDonald sai d
that Britain would not limit Jewish immigration or settlement an d
would not restrict land sales to Jews .53 A new British inquiry in
1932, using a stricter definition of displacement, found Arab land-
lessness less significant than had the Shaw and Hope Simpson com-
missions.J4 But Arthur Ruppin, who headed land purchasing for th e
Fund, acknowledged that his land purchasing dispossessed Arab farm -
ers. In 1930 he said, "What remains is densely populated land" ;55 and
in 1936 : "On every site where we purchase land and where we settl e
people the present cultivators will inevitably be dispossessed ." Ther e
is "no alternative, but that lives should be lost . It is our destiny to b e
in a state of continual warfare with the Arabs ."56
As Zionist settlement progressed, Ben-Gurion acknowledged th e
rights of the Palestine Arabs that were in jeopardy. In a 1931 lectur e
in Berlin he said, "we are entirely for the right to self-determinatio n
of all peoples, of all individuals, of all groups, and it follows that th e
Arab in Palestine has the right to self-determination ." He said tha t
the Arabs' desire for self-determination "will create serious difficulties
for us," but that "this is not a reason to deny their rights ."57
In the early 1930s, as anti-Semitism grew in Germany, Britain allowe d
immigration at levels that doubled the Jewish population of Pales -
tine between 193 r and 1935 :58 That influx increased the Jewish shar e
of Palestine's population to 30 percent . With the population increase ,
Britain allowed substantial new land purchases . 59
Some displaced Arab farmers took jobs as agricultural laborer s
in Zionist settlements, but the Histadrut, trying to create a Jewis h
society in Palestine, picketed Jewish employers who hired Arabs . In
some cases it sent mobile units to work sites to evict Arab worker s
by force. 60 A picket organizer explained, "we stood guard at th e
orchards to prevent Arab workers from ever getting jobs there ." The
The Struggle for Land 2 1
Histadrut also encouraged Jews not to purchase Arab products . Boy-
cott organizers poured kerosene on Arab tomatoes, attacked Jewis h
housewives in the markets and smashed the Arab eggs they bought .`'
As a result of this pressure, many Zionist settlers stopped hiring Ara b
farm workers . 62
These tactics were later described by a British government inquir y
as "a movement to intimidate those Jewish farmers who emplo y
Arab labour." The picketing and pressure led the government t o
adopt the Prevention of Intimidation Ordinance of 1927 . 63 The Ara b
Executive—an Arab political group—was one of the more promi-
nent elements that protested the Jewish labor policy . 6 4
But the Jewish Agency Constitution of 1929 required that onl y
Jews be hired on Jewish National Fund land . Its policy stated, "th e
Agency shall promote agricultural colonization based on Jewish
labour, and in all works and undertakings carried out or furthered by
the Agency, it shall be a matter of principle that Jewish labour shall b e
employed ." 65 The Fund drafted a model lease that stipulated : "The
lessee undertakes to execute all works connected with the cultiva-
tion of the holding only with Jewish labour. . . . Where the lessee ha s
contravened the provisions of this Article three times the Fund ma y
apply the right of restitution of the holding, without paying an y
compensation whatever." 66
Attorney General Bentwich called the Jewish labor policy "eco-
nomic apartheid"and said that it strengthened Arab resistance t o
Zionist immigration .' ' In 1931 British historian Arnold Toynbee sai d
that the land purchases and Jewish labor policy were creating "a n
exclusive preserve for the Jews, what in South Africa is calle d
segregation .i65 The Hope Simpson Commission said that Fund lan d
"ceases to be land from which the Arab can gain advantage eithe r
now or at any time in the future. Not only can he never hope to leas e
or to cultivate it, but, by the stringent provisions of the lease of th e
Jewish National Fund, he is deprived forever from employment o n
that land .iC9 A British-U.S . inquiry found that the Jewish labor pol-
icy widened the economic difference between Jew and Arab by keep -
ing Arabs from many jobs .70
The Hope Simpson Commission said that the Jewish labor pol-
icy violated Britain's obligation under Article 6 of the Mandate fo r
Palestine to protect "the rights and position of other sections of th e
Population ." The commission said the "persistent and deliberate boy -
cott of Arab labour in the Zionist colonies is not only contrary to the

22 Origins of Conflict in Palestine
provisions of that article of the Mandate," but "a constant and increas -
ing source of danger to the country.i71
There was a certain idealism, to be sure, behind the Jewish labo r
policy. It was viewed by some not as segregation but as a measure to
avoid a society of European Jews exploiting Arab workers .72 Advo-
cates of the policy argued that it negated any colonial aspect in Zion -
ism, since exploitation of local labor is a hallmark of colonialism .
Others countered that colonists had not hired local labor in som e
colonial situations, such as in North America, the East Indies, Aus-
tralia, and New Zealand . 73
As its land purchases increased, the Jewish National Fund acquire d
tracts in close proximity to each other to create a geographic nucleu s
for a state . 74 In the 19305 it bought land in the Haifa area, along th e
Tel Aviv–Jerusalem road, in the Tel Aviv area, and in the Galilee . 75
The Jewish Agency established what it called "stockade and watch -
tower" settlements on purchased land ."' These were fortified enclave s
in areas where Jews had not lived previously, erected to facilitate th e
establishment of a state . "
Land acquired by the Jewish National Fund could serve as a bas e
for a state because it could not be alienated . In this respect the Fund
continued the policy it established before World War I . The 1929
Jewish Agency constitution stipulated that land acquired by the Fun d
"shall be held as the inalienable property of the Jewish people .i78
The Fund retained ownership and leased to Jews only ." By a 193 3
amendment to its Memorandum of Association, subleasing wa s
authorized,80 but its model lease prohibited a lessee from subleasin g
"to a person or a company to whom the Fund according to its Memo-
randum of Association is prohibited from leasing its land ..""' Th e
Memorandum of Association permitted leasing only to Jews, unin-
corporated bodies of Jews, and Jewish-owned companies .82
The Palestine Land Development Company tried to lease lan d
east of the Jordan River from Emir Abdullah, the ruler under Britis h
mandate of Transjordan . In 1933 a deal was struck . Abdullah backe d
out of the deal, however, when the Arab press revealed it . Still, th e
company secretly paid Abdullah some of the agreed-upon rent mon-
eys in what amounted to a political payment . Abdullah had shown
himself willing to make an accommodation with Zionist ambitions ,
and the Jewish Agency cultivated the relationship .83
3
Things Fall Apart :
The Collapse of the British Mandate
All the King's horses, and all the King's men . . . .
The Jewish Agency became a state within a state in Mandate Pales -
tine .' Besides being a landowner on a large scale, it financed agricul-
tural settlement and held industrial and commercial enterprises . It
was, said the Anglo-American Committee of Inquiry, which Britai n
and the United States sent to Palestine in 1946, "one of the mos t
successful colonizing instruments in history."2 Through its access to
European wealth and technology and its influence in British politi-
cal life, the Agency exercised more influence over British policy tha n
did the Arabs .' Arab fear that the Agency might seek statehood cul-
minated in 1936 in an Arab revolt against Britain . With a movemen t
based largely in the rural population, the Arabs hoped to pressure
Britain to stop Zionist migration and land purchases . Committee s
emerged in Arab towns to organize commercial strikes and campaign s
for nonpayment of taxes .`' Arab groups raided Zionist settlements ,
causing civilian deaths . 5 The Haganah, now attached to the Jewis h
Agency, raided Arab villages, also causing civilian deaths and demol -
ishing houses . In 1937 a new Zionist military group formed calle d
the Irgun Zvei Leumi (National Military Organization), with the ai m
of using more overt force against the Arabs . For example, Irgun plante d
bombs in Arab markets . ?
Britain gave itself extraordinary powers in 19i7 to punish Ara b
rebels by enacting the Defense (Emergency) Regulations, which per-
mitted incarceration without charge and expulsion from the country.'
As it had done after the 1929 Arab protests, the British governmen t
a ppointed an inquiry commission, the Peel Commission, which
issued its report in 1937, and—like the Hope Simpson Commission
of 1931—it found land displacement to be the prime Arab concern .

24 Origins of Conflict in Palestine
The Peel Commission stated that the criteria for landlessness use d
in the 1932 land survey were "unduly restrictive," resulting in a n
understatement of the number of landless Arabs displaced by Zion-
ist land purchases .' The commission also declared that Arabs con-
tinued to be displaced from land they cultivate d10 and that they could
not find alternative land ." "The Arab peasant" had "neither the cap-
ital nor the education necessary for intensive cultivation . The Jew
has . But the lack of these two essential requisites does not justify th e
expropriation of the Arab to make room for the richer and more enter-
prising colonist." 12 Arabs demanded a prohibition of land purchase s
by Zionist organizations, but the purchases continued ." A British
official described a "filthy tin-can settlement where the evicted Ara b
peasants huddle under the orange trees ." 4
The Peel Commission also made an important political recommen-
dation. It suggested the partition of Palestine into Arab and Jewish
states, the Arab state to be placed under Emir Abdullah of Trans-
jordan." The Peel Commission envisaged the removal—by mutua l
agreement—of the Arabs who would fall within the envisaged Jew-
ish state and of the Jews who would fall within the envisaged Ara b
state. According to the commission, there would be 225,000 Arabs
in the Jewish state, but only 1,250 Jews in the Arab state .'6 The dis-
parity in numbers indicated that the commission contemplated giv-
ing the Jewish state much Arab-populated territory, but not givin g
the Arab state any Jewish-populated territory.
The Arab Higher Committee, which had been formed in 1936 by
several Arab political parties as a voice for Arab interests, called th e
partition proposal a violation of the Arabs' "basic natural rights" an d
of their self-determination ." The Jewish Agency applauded it but
did not abandon its aim of taking all of Palestine . Ben-Gurion viewe d
a Jewish state in a part of Palestine as a stepping-stone, "a powerfu l
instrument for the total fulfillment of Zionism, an instrument fo r
the redemption of all the Land of Israel ." 's If the Arabs objected t o
the Agency's expansion beyond the area of partition, Ben-Gurio n
declared, "our army will be among the world's outstanding .i19 He
told the Zionist Executive that "after the formation of a large arm y
in the wake of the establishment of the state, we will abolish parti-
tion and expand to the whole of Palestine" 20
By the "Land of Israel," Ben-Gurion meant Mandate Palestin e
plus Transjordan and portions of Syria and Lebanon .' He told the
Collapse of the British Mandate 25
World Zionist Congress in Zurich in July 1937 : "The mandate in the
motherland does not cover the totality of Greater Israel . Have we
t herefore renounced the right to settle the part of the land of Israe l
situated outside the zone of the mandate? '
Some Zionist leaders advocated military means to statehood .
Irgun leader Vladimir Jabotinsky asked, "Has it ever been know n
that a people would willingly give up its soil? No more would th e
Palestine Arabs yield their sovereignty without force ." 23 Golda Meir ,
who headed the Histadrut's political department, said in 1937 that
only through war could Zionism establish a state in Palestine .74
The Jewish Agency welcomed the Peel Commission's proposa l
of a population transfer. It began to plan for removal of the Arabs,
establishing a Population Transfer Committee .'' Weizmann urge d
Britain to buy out Palestine Arabs and relocate them in Transjorda n
to make more room for Zionist settlement .26 Ben-Gurion was les s
optimistic about securing consent to a removal of so many Arabs . He
proposed "transferring the Arab populations with their consent o r
without, and then to enlarge Jewish colonization .i2' "We must expel
Arabs and take their places,"" but he saw no need to pay compensa-
tion.29 Joseph Weitz, a Jewish National Fund official who directe d
Zionist settlement, wrote in 1940 : "Among ourselves it must be clea r
that there is no place in the country for both peoples together. . . .
With the Arabs we shall not achieve our aim of being an independen t
people in this little country." Weitz wanted "at least the western par t
[west of the Jordan River] of Eretz Israel without Arabs ." He saw "no
other way but to transfer the Arabs from here to the neighbourin g
countries ; transfer all of them, not one village or tribe shoul d
remain ."30
In a 1938 speech to the Workers Party of Eretz Israel (Mapai), of whic h
he was a founder, Ben-Gurion acknowledged the Arab perception o f
Zionism that had led to the Arab revolt . "We are the aggressors, an d
they defend themselves ." By this time Ben-Gurion was the chairma n
of the Jewish Agency, and he acknowledged that for the Arabs Pales -
tine "is theirs, because they inhabit it, whereas we want to com e
here and settle down, and in their view we want to take away fro m
them their country."31
Mahatma Gandhi also understood the Arab reaction to Zionis m
but drew conclusions different from Ben-Gurion's . In 1939 Gandhi ,
who was trying to secure Britain's withdrawal from India, said, "It is

26 Origins of Conflict in Palestine
wrong and inhuman to impose the Jews on the Arabs . What is goin g
on in Palestine today cannot be justified by any moral code of con -
duct . The mandates have no sanction but that of the last war ." In a
reference to the Peel Commission's partition proposal he said, "I t
would be a crime against humanity to reduce the proud Arabs so tha t
Palestine can be restored to the Jews, partly or wholly as their nationa l
home ."a2
Zionist military prospects were enhanced by the Arab revolt because
Britain allowed Jews to arm themselves legally for the first time, an d
20,000 Jews came to possess arms . The Haganah began to manufac-
ture arms and to bring them clandestinely from Europe, storing the m
in secret locations .33 At the same time Britain disarmed the Arab
population to prevent another outbreak of violence . Sentiment fo r
Zionism within European Jewry grew in the 19305 as a result of Naz i
policy toward Jews, but most Jews still opposed it .34 The Jewish
Agency and World Zionist Organization tried to ensure that Jew s
emigrating from Europe would go to Palestine .
When Nazi anti-Jewish policy became apparent, Ben-Gurio n
anticipated the necessity for Jewish emigration from Germany. He
saw an opportunity to get Jews to Palestine and a danger that the y
might be accepted elsewhere . "Britain is trying to separate the issu e
of the refugees from that of Palestine," he said, and it is assisted b y
anti-Zionist Jews," by which he meant Jews who urged Western coun-
tries to accept Jewish refugees . "The dimensions of the refugee prob-
lem demand an immediate, territorial solution ; if Palestine will no t
absorb them, another territory will . Zionism is endangered .i3S
In 1938 a thirty-one-nation conference was held in Evian, France,
on resettlement of the victims of Nazism . The World Zionist Orga-
nization refused to participate, fearing that resettlement of Jews i n
other states would reduce the number available for Palestine ."' The
German Zionist organization, in its negotiations with Germany t o
secure emigration of Jews, maneuvered to get the Gestapo to forc e
Jews emigrating from Germany to go to Palestine .37 Ben-Gurion wa s
also concerned, as he said in a letter to the Zionist Executive i n
1938, that "if Jews will have to choose between the refugees, savin g
Jews from concentration camps, and assisting a national museum i n
Palestine, mercy will have the upper hand and the whole energy o f
the people will be channelled into saving Jews from various coun -
Collapse of the British Mandate 2 7
tries ." In that situation Ben-Gurion feared "Zionism will be struc k
off the agenda not only in world public opinion, in Britain and th e
USA, but elsewhere in Jewish public opinion . If we allow a separa-
tion between the refugee problem and the Palestine problem, we ar e
risking the existence of Zionism .i3s
In November 1938 the British government rejected the Peel Com-
mission's recommendation to partition Palestine . The governmen t
explained that partition was "impracticable," by which it meant i t
could not be forced on the Palestine Arabs .3J In May 1939 it issued a
white paper as a new statement of policy. A single independent state
should come into being in Palestine within ten years to be "governed
in such a way as to ensure that the essential interests of each com-
munity are safeguarded ." Immigration of Jews was to be limited to a
total of 75,000 for the next five years, and thereafter there was to b e
no more immigration without the acquiescence of the Arab commu-
nity. The government again recognized landlessness among Arabs a s
a critical problem and for the first time called for radical measures t o
curb it, saying that land sales in areas of extreme land shortage shoul d
be prohibited altogether, while in other sectors they should b e
regulated .40
The Jewish Agency took the new policy as an abandonment o f
Zionism and issued an angry rejection. The Agency said that "Jews
would fight rather than submit to Arab rule ."' The day it was issue d
the Irgun bombed the Palestine Broadcasting Service office in Jerusa -
lem and attacked the Immigration Office.42 Mass demonstration s
were organized within the city .43 The Jewish Agency began to orga-
nize a military wing to fight the British army, 44 and the Irgun under-
took a series of bombings aimed at Arabs—in a movie house, i n
coffee houses, in public squares ." It set a time bomb at the vegetabl e
market in Haifa, killing eighteen Arabs . 46
Within three months World War II broke out, and the Jewish
Agency and the Irgun suspended anti-British agitation, decidin g
instead to cooperate with Britain against Germany.47 That shift dis-
pleased some Irgun members, who split from the Irgun to continu e
armed action against Britain . They called their organization Fighter s
for the Freedom of Israel, which became known by its Hebrew acro-
nym, LEHI, or the Stern Gang, after its founder, Avraham Stem .4 s
Disillusioned with Britain because of the white paper, the Jew-

28 Origins of Conflict in Palestine
ish Agency began to look to the United States for support . 49 Th e
Agency needed a new major power to back it and the United State s
was in any event replacing Britain in the Middle East .' Ben-Gurion
said of that period : "I no longer doubted that the center of our politi-
cal work in the international arena had shifted from Britain to th e
United States, which had firmly grasped world leadership and i n
which the largest and most influential Jewish concentration in th e
Diaspora was to be found .iS 1
During World War II the Jewish National Fund continued to pur-
chase land .' 2 The Haganah, though cooperating with Britain, stol e
arms from British depots in the Middle East and stockpiled them i n
Palestine for use after the war." Arab groups also stockpiled weapons . 5 4
In May 1942 the American Emergency Committee for Zionis t
Affairs, meeting at the Biltmore Hotel in New York, declared that it s
aim was "that Palestine be established as a Jewish commonwealth!' "
This was the first open declaration of an aim to establish a state an d
to do so in all of Palestine ."' In October 1944 the American Zionist s
at their Atlantic City convention called for a "free and democrati c
Jewish commonwealth" in "the whole of Palestine, undivided, an d
undiminishedi 57 This formulation was adopted in August 1945 at a
London meeting of the World Zionist Conference, the policymakin g
body of Zionism . 5s Meanwhile, LEHI kept up armed attacks to forc e
Britain out of Palestine . In 1944 it tried unsuccessfully to assassinat e
High Commissioner Harold MacMichael in Jerusalem, but in Cair o
it succeeded in assassinating Lord Moyne, the British resident min-
ister in the Middle East . "
World War II left a legacy that would influence Palestine's future . As
a result of the Nazi genocide, many Jews feared to remain in Centra l
and Eastern Europe . In Poland violence against Jews continued eve n
after the war ended . Arnold Toynbee thought that Britain and th e
United States should have admitted them since they had been perse-
cuted by another Western country . C ° But no state was willing to accep t
them . 6 1
The Jewish Agency was anxious to get the refugees to Palestin e
but it was not clear whether a substantial number of them wanted t o
go there . A U.S . government report found that of the refugees express -
ing a desire to go to Palestine in 1945, many decided to do so "becaus e
they realized] that their opportunity to be admitted into the United
Collapse of the British Mandate 29
States or into other countries in the Western Hemisphere [wast lim-
ited, if not impossible ." 6 2
The Jewish Agency did not encourage Western governments t o
accept these refugees . To the contrary, it lobbied to deny thei r
admission . 63 Morris Ernst, an advisor to President Franklin Roose-
velt, worked unsuccessfully to gain permission for the refugees t o
enter the United States . He found opposition from U .S . Zionist lead-
ers who wanted to leave the displaced Jews no option other tha n
Palestine . The leaders attacked Ernst "as if I were a traitor," he said .
New York Times publisher Arthur Sulzberger shared Ernst's view .
"Why in God's name should the fate of all these unhappy people h e
subordinated to the single cry of Statehood?" he asked . Sulzberge r
said that these "unfortunate Jews" were "helpless hostages for who m
statehood has been made the only ransom" 64 Roosevelt reportedl y
took the decision to refuse admittance to Jewish refugees because o f
opposition from U .S . Zionist organizations. 6 5
In October 1944 Egypt, Iraq, Saudi Arabia, Yemen, Transjordan ,
Syria, and Lebanon formed the League of Arab States at a meeting i n
Alexandria, Egypt ." In a resolution on Palestine the new organiza-
tion deplored "the horror and suffering which the Jews of Europ e
have endured" but said that their situation should not be resolved b y
„6 7
inflicting "another injustice at the expense of the Palestinian Arabs .
The Arab states found it unfair to "make the Arabs pay for Germa-
ny's crimes"6 8
Ben-Gurion visited the United States in 1945 and established a busi-
nessman's group that sent arms for the Haganah . 69 As the War ended ,
the Jewish Agency began a campaign to drive Britain out of Palestine . 7 0
The Haganah had instituted conscription in the early 19405 and,
through thefts from British arms depots, it had increased its hidde n
stockpile of arms and ammunition . 71 The Irgun joined LEHI, with th e
secret encouragement of the Haganah . 72 The Haganah began mili-
tary operations of its own, the three groups coordinating their attacks
on bridges, railways, and British army personnel . '' ; The most spec-
tacular operation was the Irgun's dynamiting—with Haganah con-
sent—of the British headquarters, located in the King David Hote l
in Jerusalem, in July 1946 . 7 4
While fighting Britain, the Jewish Agency negotiated secretly fo r
a territorial settlement with Abdullah, who in 1946 became king

30 Origins of Conflict in Palestine
when Britain gave Transjordan its independence ." The Agency als o
kept up the secret payments to Abdullah it had begun in 1933 . "
Abdullah, encouraged by the Peel Commission's suggestion of attach -
ing part of Palestine to Transjordan, hoped to annex a portion o f
Palestine ." The Agency also established new settlements, particu-
larly in the Negev, in preparation for the declaration of statehood .
Jewish National Fund Director Granovsky said in October 1946 set-
tlements founded within the past year had resulted in "penetratin g
boldly and energetically into new districts and decisively changing
the map of Palestine . "" Also in 1945 the Haganah undertook clan -
destine military maneuvers, which involved simulated assaults o n
Arab villages ."
A major point of tension between Britain and the Jewish Agenc y
was the Agency's efforts to bring Jews into Palestine clandestinely, i n
violation of the limits set for immigration by Britain . An Agency
underground apparatus organized ship transport to Palestine fro m
Mediterranean ports, and the United States pressured Britain to admi t
more Jews.RO But Britain took strict measures to stop the immigra-
tion and deported Jews who entered Palestine illegally .
To quell the Jewish Agency revolt, Britain used the Defense (Emer -
gency) Regulations . In 1946 Dov Joseph, a future minister of justic e
of Israel, denounced them before the Jewish Lawyers Association .
"There is no guarantee to prevent a citizen from being imprisoned fo r
life without trial," he said . The government may "banish any citize n
at any moment." A decision to banish, he complained, was take n
administratively : "a man does not actually have to commit an offense ;
it is enough for a decision to be made in some office for his fate to b e
sealed ." The regulations authorized "collective responsibility," h e
complained. "All of the six hundred thousand settlers could be hange d
for a crime committed by one person . "" '
Yaacov Shapira, another future minister of justice in Israel, sai d
the regulations led to a situation "unparalleled in any civilized coun-
try. Even in Nazi Germany there were no such laws ." To call the mili-
tary tribunals that conducted trials under the regulations "courts,"
he declared, was "mere euphemism .'" Moshe Dunkelblum, a future
judge of the Supreme Court of Israel, said the regulations "violat e
the basic principles of law, justice, and jurisprudence . They abolis h
the rights of the individual and grant unlimited power to the
Collapse of the British Mandate 31
administration .The Jewish Lawyers Association demanded repea l
of the regulations ."4
In 1946 the United States and Britain sent the Anglo-America n
Committee of Inquiry to Palestine to make recommendations fo r
future policy. The committee said that Palestine should be neither
Jewish nor Arab but should have a single government . The constitu-
tion should protect Jewish rights, so the Jewish minority would no t
be under the control of the Arab majority, and a UN trusteeship was
proposed to facilitate the transition to independence . "
The Jewish Agency cited its revolt as proof that Zionism was not a
tool of Britain ."' But other colonizing populations had revolted agains t
the metropole . "The fact that the Jewish community in Palestin e
afterward fought the British," wrote American journalist I . F. Stone ,
"is no more evidence of its not being a colonial implantation than
similar wars of British colonists against the mother country, fro m
the American Revolution to Rhodesia ." Richard Crossman, a Britis h
member of the Anglo-American Committee of Inquiry, wrote tha t
despite the revolt the Arabs viewed the "Zionist invasion" as "an ac t
of national and economic oppression of a colonial people .""
The Zionist movement continued to press for Palestine as a Jew-
ish state . In February 1947 Ben-Gurion told Britain's foreign ministe r
Ernest Bevin that the Jewish Agency wanted "a Jewish state embrac-
ing the whole of western Palestine," meaning the area west of th e
Jordan River ."y Desperate for a solution, Britain toyed with revivin g
partition, urging the Jewish Agency to table a partition proposal . But
the Agency refused .90 In April 1947 Britain announced that it woul d
leave Palestine ; it had tired of the Agency's revolt, particularly the
recent attacks by the Irgun against British soldiers and officers . It
was unable to find a formula to balance the competing Zionist an d
Arab interests, and so it asked the newly established United Nation s
to propose a solution .9 '

4
A Portrait by Picasso :
The UN Recommendation of Partition
All the nations assemble as one,
The peoples gather.
—Holy Bible, Isaiah 43 : 9
When Britain asked the United Nations to make recommendation s
on the status of Palestine, five Arab states asked the UN Genera l
Assembly to take up the Palestine issue as a matter of "the termina-
tion of the Mandate over Palestine and the declaration of its inde-
pendence ."` They were concerned that Britain's open-ended request
for a recommendation on the future governance of Palestine invite d
the General Assembly to link the issue of Jewish refugees in Europ e
with that of Palestine's status . They feared that the question of lega l
entitlement would be forgotten . But the General Assembly rejecte d
the Arab approach and took up Britain's request, appointing an eleven -
nation Special Committee on Palestine .2 The General Assembly gav e
the Special Committee a broad mandate, which the committee con-
strued as permitting it to consider Jewish refugees in Europe in for-
mulating a recommendation on Palestine .'
In its discussions the General Assembly relied on the Jewis h
Agency to speak for the Jews of Palestine .4 By 1947 many more Jews
supported Zionism than before World War II, both in Europe and i n
Palestine, but the u.s . delegate, Warren Austin, cautioned the Gen-
eral Assembly that the Jewish Agency did not speak for all Jews, o r
even for all Jews in Palestine .' The Arab Higher Committee—con-
vinced that the Special Committee would not give due consideratio n
to Arab rights—did not cooperate with it, even though Arab-stat e
representatives testified before it .
The United States, pressed by the Jewish Agency to support th e
partition of Palestine, had yet to state a public position . Under Secre -
UN Recommendation of Partition 33
tary of State Dean Acheson said that partition held "domestic advan-
tages for us," by which he meant securing the Jewish vote in the 194 8
presidential election. But, even so, Acheson said that partition car-
ried "too great a weight of international difficulty to put across .."''
Secretary of State George Marshall also saw a conflict between domes -
tic and international considerations . He said that formulation of a
U.S . position was "extremely complicated" because of "factors of inter -
nal politics ." '
In September 1947 the Special Committee reported back to th e
General Assembly' The committee acknowledged that the self -
determination right of the Palestine Arabs had been violated by th e
inclusion of the Balfour Declaration in the League of Nations Man -
date for Palestine Arabs . The committee further stated that the prin-
ciple of self-determination, internationally recognized after Worl d
War I, was "adhered to with regard to other Arab territories" but wa s
"not applied to Palestine, obviously because of the intention to mak e
possible the creation of the Jewish National Home there ." The "Jew-
ish National Home" and the "sui generis Mandate for Palestine," i t
said, "run counter" to the principle of self-determination . '
The Special Committee did not question the validity of th e
League's approach, even though a self-determination right had just
been written into Article r of the UN Charter. Three members of th e
Special Committee proposed a federal state with Jewish and Ara b
components, while a majority of seven members suggested the parti-
tion of Palestine into a Jewish state and an Arab state with an eco-
nomic union between them . None favored a single state in Palestine,
the preferred solution of the Arab Higher Committee .
The decision of the majority to propose partition reflected a link -
age of the refugee and Palestine questions . Weizmann correctly state d
that the United Nations "was motivated pre-eminently by the pur-
pose of solving once and for all the Jewish question in Europe, to ge t
rid of the concentration camps and of the aftermath of Hitler' s
holocaust.i10 But others viewed this as a convenient solution for a
problem that should have been handled otherwise . Morris Ernst, Roo-
sevelt's advisor, decried "the hypocrisy of closing our own doors whil e
making sanctimonious demands on the Arabs ." 11 Pakistan's UN dele-
gate commented, sarcastically : "Australia, an overpopulated smal l
country with congested areas, says no, no, no ; Canada, equally con-
gested and overpopulated, says no ; the United States, a great humani-

34 Origins of Conflict in Palestine
tarian country, a small area, with small resources, says no . . . the y
state : let them go to Palestine, where there are vast areas, a larg e
economy and no trouble ; they can easily be taken in there .i1 2
There was "neither merit nor justice," said Toynbee, in "com-
pensating victims at the expense of innocent third parties! " Th e
Palestine Arabs were "innocent of the crimes committed against th e
Jews by the Germans under the Nazi regime ." Toynbee thought tha t
if a state were to be created as compensation, it "should have bee n
carved out of Central Europe ." A "guilty Western people's territor y
was held to be sacrosanct, because, though guilty, they were West-
erners . . . . An innocent non-Western people's territory could, it wa s
held, legitimately be given away to the Jews by the victorious West -
ern powers . This amounts to a declaration of the inequality of th e
Western and the non-Western sections of the human race . It is a clai m
that Westerners are privileged, however guilty they may be .i14 A U.S.
diplomat found "no necessary connection between the humanitar-
ian problem of succoring the displaced persons of Europe and th e
political problem of creating a new nationalist state in Palestine""
The Jewish Agency welcomed the partition recommendation, whil e
the Arab Higher Committee rejected it. '6 The Jewish Agency geared
up its parastate institutions for an early assumption of power an d
began troop mobilization ." The Haganah was placed under the con-
trol of David Ben-Gurion, who was still chairman of the Jewis h
Agency.'' The Palestine Arabs had no program of conscription or mil-
itary training, 17 but the Arab League took a decision to resist, b y
force if necessary, any effort to implement partition in Palestine . 20 In
October 1947 the League resolved to send troops only if the Jewis h
Agency invited foreign troops on its side, 21 and it decided to provide
military aid to local militia of the Palestine Arabs . 22 Though militar-
ily weak, Palestine's Arabs planned to resist the expected attempt b y
the Jewish Agency to take over Palestine . 23 Loy Henderson, the U .S .
State Department official responsible for Middle Eastern affairs ,
advised Secretary of State George Marshall to approach the matte r
cautiously. He said that the partition plan ignored "self-determina-
tion and majority rule ." The United States, Henderson said, was
"under no obligations to the Jews to set up a Jewish State . The Bal -
four Declaration and the Mandate . . . provided not for a Jewish State,
but for a Jewish national home .i24
UN Recommendation of Partition 3 5
King Abdullah, who commanded the only Arab army of any size ,
continue d his secret negotiations with the Jewish Agency over a divi-
sion of Palestine ." On November 17, 1947, Abdullah met Golda Meir,
who headed the Jewish Agency's political department, in a smal l
town on the Jordan River. Abdullah said that Transjordan would no t
intervene militarily against a Jewish state, if one was established b y
the Agency. 2' He also asked the Agency to increase its financial sub-
sidy to him ." In addition to a direct payment, the Agency was payin g
the expenses in New York of Omar Dajani, the man who represente d
Transjordan at the United Nations . 2 s
After receiving the Special Committee's report, the Genera l
Assembly constituted an Ad Hoc Committee on the Palestine Ques-
tion to frame the Palestine issue for plenary debate, composed of al l
UN member states . 29 The ad hoc committee set up a subcommitte e
i to draw up a detailed plan for partition and a subcommittee 2 to
draw up a plan for a single Palestine state .'30 Subcommittee 2 asked
the ad hoc committee to urge the General Assembly to seek an advi-
sory opinion from the International Court of Justice before adoptin g
any resolution on Palestine ."' It wanted the Court to determin e
whether the Balfour Declaration violated self-determination of th e
Palestine population, whether the indigenous population of Pales -
tine had a right to determine the status of Palestine, and whether th e
General Assembly had the power to suggest or to enforce a territoria l
settlement for Palestine . 32 A Jewish Agency lawyer, Shabtai Rosenne ,
thought the questions "one-sided!' 33 The ad hoc committee narrowly
defeated the request of the subcommittee 2 for an advisory opinion . 3 4
That led members of subcommittee 2, to castigate the majority fo r
giving insufficient weight to the "juridical aspects of the Palestin e
question ."3 '
Subcommittee 1 approved the Special Committee's partition plan ,
with some changes, and the ad hoc committee voted to recommend
partition to the General Assembly. The resolution asked the Ara b
Higher Committee and the Jewish Agency to establish states wit h
an economic union between them, including common rail transport ,
Postal system, and currency. A two-year phase-in period was envis-
aged to establish this infrastructure . Jerusalem was to be included in
neither state but to be administered under an international regime .
The suggested boundary between the two states was long and intri-
36 Origins of Conflict in Palestine
cate-not intended as a defensible international border." The pro-
posed boundaries of the Jewish State-according to Robert McClin-
tock, a U.S. State Department official-were "predicated on the
assumption that there would also be an Arab State in Palestine linked
to the Jewish State by economic union." He likened the partition
map to "a portrait by ~icasso."~'
The proposed Jewish state would have had 5 6 percent of Pales-
tine. Jews owned 6 percent of the land and made up 30 percent of the
population, most of them mandate-period immigrant^.^' Ernest Bevin,
Britain's foreign secretary, noted the difficulty of drawing boundaries
because of the sparseness of Jewish population. "It is impossible to
find in all Palestine, apart from Tel Aviv and its environs . . . any
sizable area with a Jewish majority."" In the envisaged Jewish state
Jews would have been ina minority-499,020 Jews to so9,78o~rabs.~"
In the proposed Arab state there would have been only 9,520 Jews to
749,101 A r a b ~ . The
~ ' plan thus gave much Arab-populated territory
to the Jewish state, but little Jewish-populated territory to the Arab
state.
On November 25, 1947, the ad hoc committee approved the partition
recommendation of subcommittee I , by a vote of 2 5 to 13, with I 7
abstentions. While sufficient to carry the plan in the subcommittee,
this margin was short of the two-thirds majority that would be
required for passage in the General Assembly By this time the United
States had emerged as the most aggressive proponent of partition.
Most European countries, including the Soviet Union, supported it,
but most Third World countries viewed it as an infringement of Arab
rights.42 The United States got the General Assembly to delay a vote
"to gain time to bring certain Latin American republics into line
with its own view^."^%.^. officials, "by direct order of the White
House," used "every form of pressure, direct and indirect," to "make
sure that the necessary majority" would be gained, according to for-
mer Under Secretary of State Sumner ~ e l l e sMembers
.~~ of the U.S.
Congress threatened curtailment of economic aid to several Third
World c o ~ n t r i e s . ' ~
As a last-minute compromise, and as a major concession, sev-
eral Arab states proposed a plan for a federated government in Pales-
tine. Similar to the Special Committee's minority proposal, this plan
called for a federation with Jewish and Arab components.46Colom-
bia asked the General Assembly to refer the matter back to the ad
hot committee for further efforts at producing a solution acceptable
to both the Arabs and the Jews of Pale~tine.~' There was little reason
in the fall of 1947 to believe that the delicate political arrangement
by the partition plan could find the necessary level of
cooperation between the Jewish and Arab communities.
But the General Assembly proceeded to a vote on the partition plan.
On November 29 it adopted a draft resolution embodying the par-
tition plan as Resolution 181. The resolution narrowly gained the
required majority of two-thirds-33 in favor, 13 opposed, and ro
abstaining. Included in the countries that switched their votes from
November to November 29 to provide the two-thirds majority were
Liberia, the Philippines, and Haiti. All heavily dependent on the
united States financially, they had been lobbied to change their votes.
Liberia's ambassador to the United Nations complained that the U.S.
delegation threatened aid cuts to several c ~ u n t r i e s . ~
Some
' delegates
charged U.S. officials with "diplomatic intimidati~n!'~' Without
"terrific pressure" from the United States on "governments which
cannot afford to risk American reprisals," said an anonymous edito-
rial writer, the resolution "would never have passed!f50 The fact such
pressure had been exerted became public knowledge, to the extent a
State Department policy group was concerned that "the prestige of
the UN" would sufferbecause of "the notoriety and resentment atten-
dant upon the activities of U.S. pressure groups, including members
of Congress, who sought to impose U.S. views as to partition on for-
eign delegations."" Zionists packed the public gallery during the
November 29 meeting to urge adoption of the partition plan." Sev-
eral delegates said the resolution "would have been carried in no
other city than New ~ork."""
Resolution 181 was a political solution, a Zionist lawyer, Benjamin
Akzin, wrote at the time, "not a verdict of a court of law."54 An Arab
lawyer, Nabil Elaraby, chided the General Assembly for having acted
without examining the question of legal claims to ~alestine.""n
subsequent self-determination disputes-over Namibia [South-West
Mrica) and Western Sahara- the General Assembly would seek advi-
sory opinions from the International Court of ~ustice." 'The Arabs,"
declared an Arab jurist of Resolution 181, "have had to pay for and
expiate the outrage committed against mankind in Treblinka,
38 Origins of Conflict in Palestin e UN Recommendation of Partition 39

Auschwitz, and elsewhere ."57 A Yugoslav jurist objected that Resolu-
tion 181 reflected the view that "so-called 'civilized' people wer e
stilled entitled to determine the fate of the 'uncivilized,' and that th e
territories and interests of dependent nations were objects to b e
manipulated—in short the blindly obstinate arrogance which we cal l
the 'colonial spirit'! "5 8
A U.S . military officer, Commander E . H . Hutchison, who late r
chaired the Israel-Jordan Armistice Commission, said that in adopt-
ing Resolution 181 the major powers "overran the rights of the indig-
enous population of Palestine—the Arabs . Every step in the estab-
lishment of a Zionist state" was "a challenge to justice ."59
The day after Resolution 181 was adopted the Jewish Agency
called on all Jews age seventeen to twenty-five to register for militar y
service in the Haganah . 72 It began purchasing armaments in th e
United States, 73 and the Haganah operations chief prepared a ma p
showing "the strategic characters of every Arab village .i74 The Arab
Higher Committee made no military decisions but called on Pales -
tine Arabs to hold a three-day commercial strike to protest the parti-
tion plan .T

The Jewish Agency accepted Resolution 181 . The Jewish Agency pro -
ceeded with its plans to establish a Jewish state, although it did no t
promise to limit itself to the area proposed in Resolution 181 . 00 On
November 30 the Arab Higher Committee rejected Resolution 18 1 . 6 1
It hoped that the General Assembly might reconsider the issue an d
recommend an alternate solution . The Arab League also still hoped
for a political solution and made no preparations for intervention .
Meeting in Cairo in December, the League kept to its October pla n
of aiding Palestinian irregulars rather than intervening directly . 62 The
mufti of Jerusalem, Haj Amin al-Husseini, who headed the Ara b
Higher Committee, opposed Arab League military intervention . He
feared correctly that King Abdullah of Transjordan wanted part o f
Palestine .63 The Arab states feared each other's motives and territo-
rial ambitions ; 64 within the Arab League, Abdullah objected to th e
formation of an independent Palestinian state, 65 and Syria organize d
a force of irregulars under the command of Fawzi al-Kaukji for imme -
diate intervention in Palestine, as a counterweight to Abdullah's pla n
of annexation . "
The Palestine Arabs were not well organized administratively o r
politically and had little military capability.' Disarmed by Britai n
after their 1936 revolt, 68 they had no full-time military force, no mil-
itary unit structure, and no unified command .69 The arms they ha d
been able to accumulate in the 1940S were no match for those of th e
Haganah, which was "one of the largest and best-trained undergroun d
armies in modern history i70 Richard Crossman said the Arabs kne w
that if Britain withdrew without a political solution, the Hagana h
would overrun the country."

5 Palestine in a Power Vacuum 4 1
Chaos on the Ground :
Palestine in a Power Vacuu m
And the Lord said to Moses in the plains of Moab by the Jordan at Jericho ,
"Say to the people of Israel, When you pass over the Jordan into the land o f
Canaan, then you shall drive out all the inhabitants of the land from befor e
you, . . . and you shall take possession of the land and settle in it, for I hav e
given the land to you to possess it . . . . But if you do not drive out the inhabi -
tants of the land from before you, then those of them whom you let remai n
shall be as pricks in your eyes and thorns in your sides, and they shall trou -
ble you in the land where you dwell ."—Holy Bible, Numbers 33 :50-5 6
Outraged at the General Assembly's partition recommendation, Pal-
estine Arabs held street demonstrations in Palestine during the three -
day commercial strike .' Groups of Arabs attacked Jews and vice versa ,
resulting in deaths on both sides . The Haganah restrained Jewis h
crowds" and the Arab Higher Committee counseled against violenc e
by Arabs .' Demonstrations were also held in other Arab countries t o
protest Resolution 181 .
The Arab Higher Committee planned no major military actio n
before British withdrawal, now scheduled for May 1948 . 5 But loca l
Arab irregulars loyal to the Arab Higher Committee staged arme d
attacks on transport convoys that carried supplies to Zionist settle-
ments and Jewish-populated towns . These attacks resulted in more
deaths .' In mid-December the Irgun and LEHI, which were still attack-
ing the British army, launched major attacks against Arabs .' Irgu n
and LEHI operatives threw bombs into Arab shops and street crowds . "
"The Jews again appeared today to be on the offensive," the New York
Times reported in a December 12 dispatch, "roughly two-thirds o f
the incidents being initiated by them, and in their operations the y
showed evidence of planning, something absent in general from th e
Arab attacks!" In its December 13 dispatch the New York Times
reported : "The day's total casualties were twenty-one Arabs and thre e
Jews killed . . . . More than eighty Arabs were wounded and three Jew s
were seriously wounded .i10 Though the Jewish Agency disclaime d
responsibility for Irgun and LEHI killings, British High Commissione r
Alan Cunningham and the U .S . Central Intelligence Agency bot h
reported that the Haganah, Irgun, and LEHI had coordinated strategy . "
The Irgun leader, Menachem Begin, took pride in this offensive .
"For three days, from r r th to 13th December," he recounted, the Irgu n
"hammered at concentrations of rioters and their offensive bases," by
which he meant Arab towns and villages . Begin continued, "w e
attacked at Haifa and Jaffa ; at Tireh and Yazar . We attacked again an d
again in Jerusalem . . . . Enemy casualties in killed and wounded wer e
heavy. i12 In its attack on Tireh village the Irgun killed thirtee n
people .'" LEHI also targeted Arab civilians . In the words of a Britis h
officer, Major R . D . Wilson, LEHI made "bestial attacks on Arab vil-
lages, in which they showed not the slightest discrimination fo r
women and children, whom they killed as opportunity offered ."
"The hope for a decrease in tension, arising from Arab reaction to th e
United States decision on partition of Palestine, seemed destroyed by
the Irgun Zvai Leumi terrorist bombings of Arabs yesterday" the Ne w
York Times reported in its December 14 dispatch . '
Ben-Gurion laid a plan to destroy Arab transport . He hoped to
force the evacuation—"because of hunger"—of Haifa and Jaffa, tw o
major Arab cities . We can "starve them out," he wrote on Decembe r
14 16 As Britain turned over the policing of some Jewish-populate d
areas to a Jewish police force," the Jewish Agency proceeded with it s
plans to establish a state, which it was thought might be name d
Judea .' "
On December 18, 1947, the Palmach—the shock force of th e
Haganah—attacked the Arab village of Khissas, killing five adult s
and five children .' The Jewish Agency publicly commended th e
a ction . 20 Of that attack, Christopher Sykes, a contemporary observer
,
wrote "something of the evil spirit of the terrorists," meaning th e
Irgun and LEHI, "was entering Haganah ." The Khissas attack was "i n
no sense the sudden deed of hotheads," but "part of a considere d
policy which had been preceded by debate, and was finally ordered b y
the highest authorities of the Jewish Agency and Haganah ." He fel t
" this Haganah crime precipitated the next phase of the war
. i2 1
The next day the Haganah dynamited the house of the village

42 Origins of Conflict in Palestine
elder of Qazaza village in central Palestine, killing several inhabi-
tants. 22 At that point the Jewish Agency and the Haganah formall y
announced a policy of reprisals against Arab civilians ." The Centra l
Intelligence Agency called these Haganah attacks "terrorist raids
against the Arabs similar in tactics to those of the Irgun Zvai Leum i
and the Stern Gang [LEHI[ "24
The Haganah justified its attacks on Arab civilians as reprisal s
for acts committed by inhabitants since Jewish civilians were bein g
killed in attacks on convoys . A pattern quickly developed . "While
the Jews are suffering mainly through sniping at their road convoys, "
reported The Times of London, "the Arabs have lost many live s
through Jewish assaults on their villages ."2 5
At a December 26 meeting of Haganah leaders, Ben-Gurion said a
"major offensive against the Arabs" would "greatly reduce the per-
centage of Arabs in the population of the new state ." His biographe r
commented that "this might be called racialism," but that "the whol e
Zionist movement actually was based on the principle of a purel y
Jewish community in Palestine ." He quoted Ben-Gurion as saying th e
fewer Arabs in the new Jewish state, "the better he would like it .i2`'
As Arab militia continued attacks on convoys, the Jewish Agenc y
used armored buses to get supplies through safely . 2' The irregular s
also attacked supply trains, and British troops began to ride the train s
to thwart attacks .2 " The British army took food supplies to the Ol d
City of Jerusalem into the Jewish Quarter, which the irregulars wer e
trying to blockade .29 In Haifa the Irgun threw bombs into a crowd o f
Arab workers at the gates of the Haifa oil refinery, killing several o f
them . Arab workers who were not injured by the bombs immediatel y
assaulted Jewish workers at the refinery, killing a number of them . sD
The Haganah attacked the nearby village of Balad ash Sheikh an d
killed inhabitants in reprisal .3 1
In January 1948 Syria-based irregulars called the Arab Liberatio n
Army, under Fawzi al-Kaukji, entered Palestine and attacked Zionis t
settlements . They were counterattacked by Zionist forces and by th e
British army and the Royal Air Force .32 They received only mixe d
support from Arab villages, which feared Haganah reprisals, ';'] sinc e
the Haganah continued attacks on villages and also attacked Ara b
farmers in their fields .';4
Palestine in a Power Vacuum 43
On January 5 LEI-11 set a bomb in Jaffa in a building that house d
the Arab Higher Committee, killing an estimated thirty people ,
including Arab refugees who had been temporarily housed in th e
building .'35 The same day the Haganah set a bomb in the Semirami s
Hotel in an Arab district of west Jerusalem that killed twenty-si x
people . The Haganah said it had erroneous information that the hote l
housed Arab irregulars .3C The British government issued a statemen t
denouncing the attack as a "dastardly and wholesale murder of inno-
cent people ." The Jewish Agency replied that the British governmen t
had not similarly criticized killings done by Arabs . British official s
rejoined that Arab elements had not carried out organized attacks o n
buildings containing women and children .;'
The Irgun began to direct its attacks at major Arab populatio n
centers. According to Irgun leader Begin, at a meeting of the Irgu n
command in late January four targets were selected : Jerusalem, Jaffa ,
the Lydda-Ramleh area, and the Triangle ."" Lydda and Ramleh are
adjoining towns in central Palestine ; the Triangle is an area in north -
ern Palestine, between the Arab towns of Nablus, Jenin, and Tulkarm .
To promote this action, Irgun Radio called for greater cooperatio n
between the Haganah and itself .'"'
In Cairo the Arab League announced that when Britain withdrew i t
would intervene militarily to occupy all of Palestine . 40 But Abdullah
told the Jewish Agency privately that his intention remained fir m
not to interfere with the establishment of a Jewish state .41 An d
Britain—whose officers still commanded Abdullah's Transjorda n
legion—encouraged Abdullah in his plans to annex part of Palestine ,
but to avoid attacking Jewish-populated areas .42 Far from being con-
cerned about Abdullah's intention to send troops into Palestine, th e
Agency encouraged him to do so . It hoped that Abdullah could con-
vince the Palestine Arabs to accept a Jewish state and that he migh t
Physically prevent the Arab Higher Committee from establishing a n
Arab state .43
As the British administration prepared to leave Palestine, th e
Jewish Agency assumed authority. 44 By February it had a "complet e
blueprint of government" and began actual administration .45 Arabs
were beginning to flee from some rural areas and some urban dis-
tricts, and on February 5, 1948, Ben-Gurion ordered that Jews be set-
tled in conquered and abandoned Arab areas . The Haganah rocketed

44 Origins of Conflict in Palestine
Arab neighborhoods in Jerusalem, causing many Arab residents t o
flee.46 On February 6 the Arab Higher Committee told the uN Pales -
tine Commission, which had been appointed in Resolution 181 to
supervise partition, that any attempt "to establish a Jewish state i n
Arab territory" would be "an act of aggression which will be resisted
in self-defense by force .i47
Speaking to the Mapai party's central committee on February 7 ,
Ben-Gurion expressed satisfaction at the exodus of Arabs . "Since Jeru-
salem's destruction in the days of the Romans," he said, "it hasn' t
been so Jewish as it is now" In "many Arab districts" in the wester n
part of Jerusalem "one sees not one Arab . I do not assume that thi s
will change ." And "what had happened in Jerusalem," he continued,
"could well happen in great parts of the country . . . . Certainly ther e
will be great changes in the composition of the population in th e
country.i48 "For the Arabs of the Land of Israel," according to Ben -
Gurion, "there remains only one function : to flee .i49 On Februar y
12, 1948, after a Jewish woman was shot in the Talbieh district o f
Jerusalem, a Haganah loudspeaker van drove through the neighbor-
hood ordering the Arab residents to evacuate . Many of them did .'0
On March 5, 1948, the UN Security Council adopted a resolutio n
asking its five permanent members—Britain, France, China, th e
USSR, and the United States—to make recommendations on ho w
partition might be implemented ." But the strongest supporter of par -
tition, the United States, was having second thoughts . The State De -
partment's policy planning staff, in a report to the secretary of state ,
noted the Palestine Arabs' rejection of partition. The staff expresse d
fear that, in light of that rejection, U.S. support for partition rail
counter to the Palestine Arabs' right of self-determination . The staf f
suggested the United States abandon the partition recommendation .'2
On March 19 the United States suggested to the Security Coun-
cil that partition be abandoned . It advised the council to ask th e
General Assembly to set up a temporary trusteeship over Palestin e
until the two parties reached a settlement .S3 On April 1, at the urg-
ing of the United States, the Security Council asked the Genera l
Assembly to "consider further the question of the future governmen t
of Palestine" ; in other words, to seek a solution other than partition .;'
The council did not seriously consider the possibility of using u '
troops to force partition on the Palestine Arabs .'
Palestine in a Power Vacuum 45
Thus, the United Nations abandoned the partition idea scarcel y
four months after laboring long and hard to approve it . The abandon -
ment of partition is not surprising, however, in light of the Arab rejec -
tion of it . The General Assembly had approached the Palestine issue
with the aim of making proposals that the parties might accept .' 6 In
Resolution 181 it had recommended the adoption and implemen-
tation of the partition plan and asked the inhabitants of Palestine t o
take "such steps as may be necessary on their part to put this pla n
into effect .""
When it posed the Palestine question to the General Assembl y
in 1947, Britain had asked the assembly to exercise its power of rec -
ommendation . In its request it referred to the assembly's powers unde r
Charter Article 1o, which gives the assembly the power to mak e
recommendations .58 In Resolution 181 itself, the assembly had made
reference to charter provisions giving it a power of recommendatio n
by stating that it "considers that the present situation in Palestine i s
one which is likely to impair the general welfare and friendly rela-
tions among nations ." '" The phrases "general welfare" and "friendly
relations" are drawn from Charter Article 14, which gives the Gen-
eral Assembly the power of recommendation .
Member states viewed Resolution r8r as a recommendation .60
In the Security Council discussion that led to the abandonment o f
Resolution 181, the United States said that General Assembly rec-
ommendations have only "moral force .i61 Britain told the Security
Council it would not implement partition so long as Arab or Jewis h
authorities objected .62 Syria, 6-3 Egypt,6a Saudi Arabia, C5 Yemen, 66
Pakistan,' and Irag C8 told the council they did not consider the par-
tition recommendation binding on them .
Resolution 181 contemplated voluntary compliance in its mech-
anism for selecting provisional leaders of the two projected states . A
UN commission, "after consultation with the democratic parties an d
other public organizations of the Arab and Jewish States," was t o
" select and establish in each State as rapidly as possible a Provisiona l
C ouncil of Government .i69 Since this cooperation did not material-
ize, Resolution 181 remained a recommendation only. 70
Resolution 181 also requested the Security Council "determin e
as a threat to the peace" any attempt "to alter by force the settlemen t
envisaged by this resolution ." This provision was later cited as indi-
c ating that the General Assembly intended "a solution to be imposed

46 Origins of Conflict in Palestine
by force," and therefore "not a simple recommendation ." °But thi s
appeal was not more than a recommendation .''; The assembly use d
the term "request," an indication it was aware of the limit of it s
power." The United States, commenting on the assembly's reques t
to the council, said that the charter "does not empower the Securit y
Council to enforce a political settlement made "pursuant to a rec-
ommendation of the General Assembly .""
Moreover, the General Assembly, when it asked the Securit y
Council to deal with a possible attempt to alter by force the settle-
ment envisaged in Resolution 181, contemplated a situation in whic h
the two parties were creating the two states voluntarily but where a n
outside party might intervene militarily . U.S. representative Warren
Austin said this provision referred to an attempt to frustrate parti-
tion "on the part of states or people outside Palestine ."'" Resolution
18r did not purport to convey title to territory,' and since partition
had not been accepted by the parties no territorial rights wer e
created . 78 Resolution 181 had failed ;79 it was a "dead letter.i80
6
Whose Land to Give? The UN Powe r
over Palestin e
Ma e ancora casa di altri .
(But it is still the home of other people .
Response of King Victor Emmanuel III of Italy, January 23, 1904 ,
to Theodor Herzl's request for a Jewish state in Tripoli
Moshe Shertok (later Moshe Sharett), head of the Jewish Agency polit -
ical department, said in the United Nations that the General Assem-
bly was legally competent to determine the future status of Palestin e
and that its Resolution 18r carried binding force .' But the General
Assembly of the United Nations is not a legislature for the world .
The UN Charter, in Articles ro, Ir, and 14, gives it only the power of
recommendation . The assembly makes binding decisions only o n
internal UN matters, like setting the budget or electing members o f
the International Court of Justice .2 Thus, even if the assembly ha d
intended to impose partition, it is not clear it had the legal authorit y
to do so .
Leading early students of the UN Charter said that in adoptin g
Resolution 181 the General Assembly had only the power of recom -
mendation . Hans Kelsen, citing Resolution 181, wrote that Genera l
Assembly recommendations "do not constitute a legal obligation t o
behave in conformity with them .i ' Leland Goodrich and Edvard Ham -
bro, also citing Resolution r8r, stated that "recommendations hav e
no obligatory character. i4 Clyde Eagleton said that "a resolution o f
the General Assembly, such as that for the partition of Palestine, i s
no more than a recommendation" and "can have no legally bindin g
effect upon any state whatsoever ."' The U.S. deputy representative t o
the Security Council said during the Palestine debate that the Gen-
eral Assembly had the power only to recommend a settlement .6
A lawyer from the UN secretariat, E Blaine Sloane, argued to

48 Origins of Conflict in Palestine
the contrary, saying that Resolution 181 carried binding force . He
stated that the General Assembly has the power to decide the statu s
of territory whose sovereignty is unclear . In areas "where sovereignt y
is not vested in a member State," the General Assembly, "acting a s
the agent of the international community," may take "a bindin g
decision"' On this view, Resolution 181 gives Israel valid title t o
Palestine . But few lawyers agreed with him . By the UN charter, the
General Assembly is given no power over territory any broader tha n
its general power of recommendation s The assembly, according to
Ian Brownlie, a later student of the charter, has no "capacity to con-
vey title," since it "cannot assume the role of territorial sovereign "
Even as regards disposition of territory, Brownlie wrote, the assembl y
"only has a power of recommendation .i9 The assembly, wrote Elih u
Lauterpacht, another leading student of the charter, could not "giv e
the Jews and the Arabs in Palestine any rights which either did no t
otherwise possess .."1 0
It has been argued by some scholars, however, that even if the Gen-
eral Assembly has no power over territory generally it has deci-
sionmaking power over territory that was under a League of Nation s
mandate . Emile Geraud, a former legal officer of both the League o f
Nations and United Nations, said that the United Nations succeede d
to the League's power over mandate territory ." The assembly, state d
Allan Gerson, possesses an "adjudicative role" to terminate a man -
date that is "beyond its normal recommendatory role .i12
This argument relies largely on the International Court of Justic e
advisory opinions on Namibia (South-West Africa) of 1950 and 1971 . "
The court said in 1950 that the competence to determine and modif y
the international status of a League of Nations mandate territor y
rested with the mandatory, "acting with the consent of the Unite d
Nations!'" Nathan Feinberg, a legal scholar of the Hebrew Universit y
in Jerusalem, argued that Resolution 181 was an agreement betwee n
Britain and the United Nations to change the status of Palestine . "
In 1971 the International Court of Justice discussed the lega l
significance of General Assembly Resolution 2145, which affirme d
the right of the people of Namibia to independence and decided tha t
South Africa's mandate "is therefore terminated, that South Afric a
has no other right to administer the Territory and that hencefort h
South-West Africa comes under the direct responsibility of the
UN Power over Palestine 49
United Nations .i16 The court upheld the legality of that resolution ,
stating: "To deny to a political organ of the United Nations which i s
a successor of the League in this respect the right to act, on th e
argument that it lacks competence to render what is described as a
judici al decision, would not only be inconsistent but would amoun t
to a complete denial of the remedies available against fundamenta l
breaches of an international undertaking."" Gerson cited this lan-
guage to argue that the General Assembly has the power to deter -
mine the status of a League of Nations mandate territory and tha t
Resolution 181 was such a resolution and was binding . "s
What the court found, however, was that the General Assembl y
had supervisory power over the South-West Africa mandate . The cour t
made it clear that this power "derived from" Article ro of the char-
ter, "which authorizes the General Assembly to discuss any ques-
tions or any matters within the scope of the Charter and to mak e
recommendations on these questions or matters to the Members o f
the United Nations .i19 Thus, the power it found in the assembly t o
supervise former mandate territories is only a power to mak e
recommendations .
The issue in the two Namibia advisory opinions, moreover, was dif -
ferent from that raised by the situation in Palestine . South Africa ha d
declared an intent to incorporate the mandate territory The cour t
said that South Africa could not do so without consent of the Gen-
eral Assembly . The court recognized the people of the territory as a
"jural entity," possessing rights under the mandate . It could have
found, as did dissenting Judge Fitzmaurice, that South Africa wa s
precluded from incorporating the territory solely by virtue of terms
of the mandate instrument, which forbade incorporation . 20 Th e
in strument was a treaty between the League and South Africa, 21 and
it survived the League's demise in the court's view 22 That obliga-
tion flowed not to the United Nations or any of its organs, but rathe r
to the other members of the League and to the people of South -
West Africa, who were a third party beneficiary of the mandat e
instrument.23
The court said that Resolution 2145 fell within what it foun d
to be a power of the General Assembly to supervise former Leagu e
mandates .24 If the court had not found supervision to be within th e
ass
embly's competence, South Africa would have had only an obli-

50 Origins of Conflict in Palestine
gation to make reports on South-West Africa "for information pur-
poses .i25 But the court found supervision to be an essential aspect o f
the mandate system : "The obligation incumbent upon a mandator y
State to accept international supervision and to submit reports is an
important part of the Mandates System .i26
The court had not been asked by the General Assembly, how -
ever, whether the assembly had supervisory functions over th e
South-West Africa mandate . The assembly had asked only whethe r
South Africa was required to conclude a trusteeship agreement wit h
the assembly, and whether South Africa could modify the status o f
South-West Africa unilaterally ." To answer these questions, the cour t
had no need to state whether the General Assembly had supervisor y
functions .
The court's statement that the assembly exercised "supervisor y
functions" made little sense in the context of the League's demis e
and the founding of the United Nations . Judge McNair, dissenting,
said that "the succession of the United Nations to the administra-
tive functions of the League of Nations in regard to the Mandate s
could have been expressly preserved and vested in the United Nations '
by an appropriate provision in the UN Charter. But, he noted, "thi s
was not done .i2s McNair also stated : "The United Nations did ne t
succeed to the rights of the League of Nations as to the former man -
dated territories . . . . There is no legal continuity in the relations o f
these two systems .i2J
The United States had agreed with McNair's view in a Securit y
Council discussion of Resolution 181 in 1948 . "The United Nation s
does not automatically fall heir to the responsibilities either of th e
League of Nations or of the Mandatory Power in respect of the Pales -
tine mandate . The record seems to us entirely clear that the Unite d
Nations did not take over the League of Nations Mandate system ." '
Subcommittee 2 also said the United Nations "has not inher-
ited the constitutional and political powers and functions of th e
League of Nations" and is not "the successor of the League of Nation s
insofar as the administration of mandates is concerned ." In addition ,
UN powers over mandate territories are limited "by the specific pro -
visions of the Charter," and "neither the General Assembly nor an Y
other organ of the United Nations" is competent to "recommend 0T
enforce" a "solution with regard to a mandated territory i31
UN Power over Palestine 51
one reason that the United Nations could not succeed to the League' s
power of supervision is that the supervision to which mandator y
powers agreed under the League of Nations mandate system wa s
significantly less onerous than what the court said could be impose d
on South Africa . The League's supervision over mandates was exer-
cised by its council, which functioned on unanimity . 32 All the man-
datory powers were council members . France, Britain, Japan, and Bel -
gium were members themselves, and Britain represented the interest s
of the mandatory powers that belonged to the Commonwealth —
South Africa, Australia, and New Zealand . Thus, each mandatory
power possessed a veto on a decision regarding its performance . 33
The General Assembly in this situation operates by two-third s
majority voting .34 Thus, a decision adverse to the mandatory powe r
could be taken over its negative vote . A state which assumed a Leagu e
mandate did not consent to such a procedure . There would be an
"excess of supervision if the decision of the General Assembly reache d
by a two-thirds majority" stated Judge Lauterpacht of the Interna-
tional Court of Justice, "had the same legal and binding force a s
unanimous resolutions of the Council of the League of Nations .i35
Even if the General Assembly had supervisory power over a forme r
League of Nations mandate territory, that would not give it the powe r
to determine the territory's future status .36 With trusteeship, the u N
analogue to the League of Nations mandate system, the assembl y
has no power to make decisions binding on an administering state .
"The Trusteeship Agreements," stated Judge Lauterpacht, "do not pro -
vide for a legal obligation of the Administering Authority to compl y
with the decisions of the organs of the United Nations in the matte r
of trusteeship . Thus there is no legal obligation, on the part of th e
A dministering Authority, to give effect to a recommendation of th e
General Assembly to adopt or depart from a particular course of leg-
i slation or any particular administrative measure . States administer-
ing Trust Territories . . . have often asserted their right not to accep t
recommendations of the General Assembly" That right "has neve r
been seriously challenged .i37
In its advisory opinion on Namibia, the International Court of Jus-
tice did not decide whether the General Assembly has the power t o
decide on the future status of a mandate territory against the wishes

52 Origins of Conflict in Palestine
of the inhabitants, which is the issue if it is asserted that Resolutio n
181 is a binding decision . In the Namibia situation the decision o f
the assembly—to prohibit South Africa from incorporating th e
territory—was in accord with the wishes of the population . But Res-
olution 181 foresaw a territorial solution unacceptable to the major -
ity of Palestine's inhabitants . The Namibia advisory opinions do no t
suggest the assembly has the power to adopt a territorial solutio n
against the wishes of the inhabitants .
If Resolution 181 were considered a binding determination cif
future status, it would violate the Palestine Arabs' right of self -
determination . Some have argued that it did not violate the righ t
of self-determination of the Palestine Arabs since it recognized th e
claims of both the Arab and Jewish communities in Palestine .38 But
since partition was against the will of the majority of inhabitants ,
the right to self-determination was violated .39 The Palestine Na-
tional Covenant, which was adopted in 1968 as a statement of prin-
ciple by the Palestine Arabs, construed Resolution 181 as a binding
decision . On that basis it considered it "null and void" since "it wa s
contrary to the wish of the people of Palestine and its natural right t o
its homeland, and contradicts the principles embodied in the Char -
ter of the United Nations, the first of which is the right of self-
determination .i40
Moreover, the population of Palestine has specific rights unde r
the UN Charter. The charter states that the rights of a people under a
League of Nations mandate may not be altered to its detriment ." '
The charter contemplated that League mandates would be converte d
into trusteeships . Article 8o stated that nothing in the charter's chap -
ter on trusteeship could alter the rights "of any states or any people s
or existing international instruments to which Members of th e
United Nations may respectively be parties ." Thus, the rights of th e
Palestinian people under the mandate instrument are preserved . Ara b
states, in arguing that partition would violate the rights of the Pales -
tine Arabs, relied on Article 80 . "
Subcommittee 2 said that a partition of Palestine against th e
consent of the population would violate that population's rights . The
United Nations "cannot make a disposition or alienation of territo r
nor can it deprive the majority of the people of Palestine of thei r
territory and transfer it to the exclusive use of a minority in thei r
country "
There is one other difference between the Namibia case and th e
UN Power over Palestine 5 3
Palest ine case . The League had made Palestine a class "A" mandate ,
but it made South-West Africa a class "C" mandate . The covenan t
describ ed a community under a class "C" mandate as "best adminis-
tered under the laws of the Mandatory as integral portions of its terri -
tory," whereas a class "A" mandate was to be governed separately.44
Thus, even if the International Court of Justice had decided that th e
assembly had the power to resolve the status of mandate territor y
against the wishes of its inhabitants, that would not give the assem-
bly a similar power over Palestine .45
It has been argued that even if the Palestine Arabs once had a right t o
self-determination, they forfeited it by not establishing a state as rec -
ommended in Resolution 181 . " But Resolution 181, as indicated, pro -
posed a solution that would violate the Arabs' right to self-determi-
nation . They cannot be considered to have forfeited their right to
self-determination by rejecting a proposal which would have violated
that right .
One other argument has been made to reach the conclusion tha t
Resolution r8r was binding . The argument is that even if the Gen-
eral Assembly did not have the power to issue a binding decision o n
the future status of Palestine, the Security Council "re-affirmed" Res -
olution 181 and thereby made it binding .47 The council, unlike th e
assembly, has the power under the uN Charter to make decision s
that are binding on member states .48 Security Council Resolution 4z
is cited, in which the council asked its five permanent members t o
make recommendations regarding "instructions which the Council
might usefully give to the Palestine Commission with a view t o
implementing the resolution of the General Assembly .i4J Security
Council Resolution 46 is also cited, in which the council called o n
each of the two parties to refrain from actions that might frustrat e
the claims of the other. S° From Resolution S4 language is cited i n
which the council decided a truce should remain in force "until a
peaceful adjustment of the future situation of Palestine is reached ."s'
None of this language implies an affirmation of Resolution 18 1
by the Security Council . In April 1948, when the Security Council
became aware that Resolution 181 was unrealistic, it abandoned it .S"
Even if the council had "re-affirmed" Resolution 181, that would no t
render it binding . While the council has decisionmaking power o n
some subjects, it does not have a power to dispose of territory .
Part Two

The 1948 War and th e

Establishment of Israel
1
Sten Guns and Barrel Bombs :

The Realization of the Zionist Dream

Run for your lives . . . in the name of Allah!

_Haganah Loudspeaker Messag e

"We needed weapons urgently," said Golda Meir, "but before we coul d
buy anything, we needed money . . . millions of dollars . And there
was only one group of people in the whole world that we had an y
chance of getting these dollars from : the Jews of America ." Meir toure d
the United States and by her account raised $5o million, which wa s
used by the Haganah to buy arms clandestinely in Europe .' Overal l
in 1948 Zionist fund-raisers collected $r5o million from U .S . Jewry.'
The Arab irregulars directed their efforts at protecting Arab -
populated sectors.' But the Jewish Agency did not restrict itself t o
Jewish-populated sectors, or even to the area projected for a Jewis h
state in Resolution 181, which included many Arab-populated sec -
tors . In early March the Haganah command agreed on a set of wa r
objectives it called "Plan D ." The plan called for "control of the
area given to us by the UN in addition to areas occupied by us which
were outside these borders!'" The latter phrase referred to Zionist set-
tlements in parts of Palestine projected in Resolution 181 for an Ara b
state . The formulation in Plan D was vague but if read broadly coul d
include most of Palestine . The Irgun and LEx1, meanwhile, still pro -
claimed their goal as not only Palestine but Transjordan as well .'
Plan D called for the destruction of Arab villages, the expulsion
of Arabs, and Jewish settlement to replace them .' The Haganah
stepped up attacks on Arab villages, killing inhabitants and blowing
up houses . The attacks became so intense that Elias Sasson, directo r
of the Arab division of the Jewish Agency political department ,
expressed concern ata departmental Agency meeting on March 2 5
that the Agency might not be able to prove "that we weren't the

58 1948 War and Establishment of Israel
aggressors ." ' Ezra Danin, a senior Haganah intelligence service office r,
said at the same meeting that the military operations had caused a
"mass exodus from all places--" s This exodus was a result of attack s
by the Haganah, Irgun, and LEHI, and of fear of more attacks .' By late
March most of the Arab rural population on the coastal plain ha d
fled .10 On April 6, 1948, Ben-Gurion was self-congratulatory : " We
have hit the Arab guerrillas hard, villages have been emptied in pani c,
even from Haifa one-third of its Arabs have fled ."1 1
Against the Haganah, Irgun, and LEHI, the Arab irregulars were in -
effective . In addition to their weakness in numbers, equipment, an d
training, the two Arab forces were at odds with each other . The Ara b
Liberation Army sided with King Abdullah and therefore did not coop -
erate with the irregulars loyal to the Arab Higher Committee . 1 2
One of the first operations undertaken to implement Plan D wa s
Operation Nachson, which aimed at ensuring Jewish Agency acces s
to the important Jerusalem—Tel Aviv highway. 13 On April9 the Irgu n
and LEHI captured the village of Deir Yassin, just west of Jerusalem
on the Jerusalem—Tel Aviv highway. Shortly after taking Deir Yassin ,
Irgun and LEHI soldiers killed 250 of its civilian inhabitants . 14 Th e
Irgun claimed it had killed the inhabitants while taking houses h y
force, but witnesses said they killed them after fighting ended . "
Toynbee called the killings "comparable to crimes committed agains t
the Jews by the Nazis," since a large number of civilians were kille d
outside a combat situation .16
The Irgun announced that the action was the first step in th e
conquest of Palestine and Transjordan ." It paraded surviving Dei r
Yassin inhabitants in trucks in Jerusalem the same day as a demon-
stration to Jerusalem's Arabs." Later that day it killed these surviv-
ors ." The Haganah too utilized the Deir Yassin killings . It pro -
claimed in Arabic from loudspeaker vans in Jerusalem, "unless yo u
leave your homes, the fate of Deir Yassin will be your fate .i20 Th e
apparent aim was to frighten other Arabs into leaving Palestine . '
Memory of Irgun attacks on Arab civilians in 1936 heightened th e
Arabs' apprehension. After the Deir Yassin killings, many Arabs, par -
ticularly in unprotected rural areas, left for neighboring countries ." A
week after the Deir Yassin killings, the United States denounced Irgu n
and LEHI attacks on Arab civilians since the adoption of Resolutio n
181 as "widespread terrorism and wilful murder which had shocke d
the entire world .i2'3
Realization of the Zionist Dream 59
The Haganah, Irgun, and LEHI secretly coordinated strategy i n
the early months of 1948 . 24 But two days after the Deir Yassin attac k
the Irgun and Haganah concluded a formal pact of cooperation . -' ' The
Haganah agreed to try to keep the press from denouncing Irgun ter-
rorism and to ask Britain to stop demanding the disbanding of Zion-
ist terrorist organizations . 26 The Irgun and Haganah thereafter held
regula r strategy conferences .'
Jewish Agency forces effectively used psychological warfare to sup-
plement direct force .2s Haganah radio spread rumors that choler a
and typhus would break out in April and May in Arab areas .-" It
announced—falsely—that smallpox had been reported in Jaffa as a
result of the arrival of Syrian and Iraqi irregulars .30 The Jewish Agency
organized "whispering campaigns" to have Jews advise Arab neigh-
bors to leave .31
When they attacked Arab towns, Haganah units used barrels fille d
with explosives, a device that had been developed by the Irgun . 32 As
explained by Leo Heiman, a Haganah officer, they sent these barre l
bombs "crashing into the walls and doorways of Arab houses" t o
encourage the residents to flee . The bombs "exploded with a furiou s
sound, like an erupting volcano, sending up sheets of flame and pil-
lars of nauseating smoke ." Then the Haganah personnel brought u p
jeeps with loudspeakers which broadcast tape-recorded horror sounds.
"These included shrieks, wails, and anguished moans of Arab women ,
the wail of sirens and clang of fire-alarm bells, interrupted by a sepul -
chral voice calling out in Arabic : 'Save your souls, all ye faithful! Fle e
for your lives! The Jews are using poison gas and atomic weapons .
Run for your lives in the name of Allah!' "33
On April 17, 1948, the Security Council called for a truce in
the Palestine fighting .34 But the Zionist forces pressed their attack .
That same day the Palmach, an elite unit of the Haganah, attacke d
Ti berias, the first Zionist assault on a major town in the Galilee .
Using barrel bombs and loudspeaker warnings, the Palmach set the
entire Arab population of Tiberias to flight .'35 "A hasty exodu s
of Arabs from Tiberias continued all day long, and scores of Ara b
trucks, carrying panic-stricken foreign Arabs and local families ,
moved out in long convoys," reported the Palestine Post . 36 The
Haganah began to demolish villages it captured . After taking Bei t
Surik and Biddu, villages north of Jerusalem, it "levelled every house

60 1945 War and Establishment of Israel
except the two Mosques . More than roo buildings were destroyed . " '
On April 21 the Haganah and Irgun attacked Haifa, the terminu s
of the Iraqi oil pipeline . According to the Palestine Post, a Zionis t
daily, the Haganah "said that the Arabs had been warned by leaflet s
in Arabic for two days" to "evacuate women, children and old me n
immediately." The Haganah said that it repeated the warning fro m
loudspeaker trucks .'" The messages threatened dire consequences i f
the warnings were ignored ." The Haganah lobbed mortars int o
densely populated neighborhoods in Haifa, rolled barrel bombs int o
alleys, and played horror recordings .40 The combination of bombing s
and threats succeeded in setting the population to flight . The "bar-
rages making loud explosive sounds" and the "loudspeakers in Ara -
bic," according to an assessment by the Haganah intelligence branch,
"proved their great efficacy when used properly as in Haifa particu -
larly ] ."4 1
The flight of Arab residents from Haifa reached the level of pani c
even before the main attack .42 In "whatever transport they could find,
many of them on foot—men, women, and children—moved in a
mass exodus toward the port area," the Palestine Post reported . "The n
thousands stormed the gate and streamed to the seaside to be take n
to Acre by Army landing crafts .i43 Some shouted "Deir Yassin" a s
they left, reported Menachem Begin, proud at the impact of his Irgun's
mass killing two weeks earlier .44
As families fled, the Haganah directed gunfire at them to kee p
them moving .45 British officials reported "indiscriminate and revolt-
ing machine gun fire" by the Haganah "on women and children" a s
they ran for the docks . They said there was "considerable conges-
tion" of "hysterical and terrified Arab women and children and ol d
people on whom the Jews opened up mercilessly with fire ."46 Hagana h
commander Ben Zion Inbar recalled : "we manned the biggest morta r
which our forces had at that time—a three-inch mortar—and whe n
all the Arabs gathered in this area we started firing on them . Whe n
the shells started falling on them, they rushed down to the boats an d
set off by sea for Acre.i47 (Acre is another coastal town, to the nort h
of Haifa .)
An account was later disseminated that Haifa's Arabs fled no t
from fear but because local Arab leaders decided on an evacuation t o
avoid living under Zionist rule. " Arab leaders in Haifa did meet with
Haganah officers but only after the population was already in flight .4"
Realization of the Zionist Dream 61
At that meeting the Haganah offered a truce that the Arab leader s
rejected; the leaders instead asked the British commander to ensur e
the safety of those fleeing .10
A few days later the Irgun attacked Jaffa . 51 For three days, beginnin g
April 26, it shelled residential districts, causing civilian casualtie s
and terrifying the population .'2 The Haganah joined the attack o n
April 29 . The result was a "mass exodus" by sea and overland ." Th e
panic flight was caused both by "the repute which propaganda ha d
bestowed " on the Irgun, and by the scale of the bombardment, accord-
ing to Irgun leader Begin . 54 Shmuel Toledano, a Haganah intelligenc e
officer who would later be a member of Israel's parliament ]Knesset) ,
recited the same two reasons for the Arab flight from Jaffa . "First,
because the Etzel [Irgun] had been shelling Jaffa for three weeks befor e
the Haganah entered, making the Arabs very much afraid ; some
already began to leave as a result of that shelling by Etzel ." Second ,
"there were rumours, based on the Etzel's reputation," that "the min-
ute the Jews entered the town, the inhabitants would all be slaugh-
tered .i55 The Irgun fired at fleeing residents .56
The Palmach was the military force primarily responsible fo r
the Galilee, and its commander, Moshe Dayan, said that the new
state must be "homogeneous," with as few Arabs as possible.57 From
many villages in the Galilee the Palmach removed entire popula-
tions by force . In Er Rama village, which it captured April 24, i t
ordered inhabitants to assemble in the square and forced nearly al l
the residents to go north into Lebanon ." On Mayr it captured the
village of Ein ez Zeitun after rolling explosive-filled barrels down a
hill into the village and throwing in hand grenades . The Palmach
then forced all the inhabitants to the edge of town, ordered them t o
leave, and fired over their heads as they went . "
In late April the Haganah also attacked Arab sectors of Jerusa-
lem and took the Sheikh Jarrah and Katamon districts, resulting i n
the flight of Arab residents .60 In early May the Palmach took tw o
more major towns in the Galilee . The Palmach shelled Safad, an d
when the fall of the town became imminent the Arab residents fled . 6 1
Yigal Allon, the Palmach commander, said of the assault on Safad :
" The Arab population fled . We did everything to encourage them t o
flee .',62 The Palmach then attacked Beisan . Its shelling led some o f
its Arab population to flee, and after taking the town it expelled most

62 1948 War and Establishment of Israel
of the rest .' Allon said the Haganah "saw the need to clean th e
inner Galilee, to cause the tens of thousands of sulky Arabs wh o
remained in Galilee to flee ." He convinced village elders to urge vil-
lagers "to escape while there is still time!'" In the Galilee village o f
El Bassa, which it captured May 14, the Palmach forced the popula-
tion into the village church, where it shot and killed a number o f
youths . It then forced the other inhabitants out of the village ."
As the expulsion drive gained momentum, the UN General Assem-
bly continued to work toward a trusteeship, as advised by the Secu-
rity Council . Nonetheless, the Jewish Agency continued to insist o n
partition, viewing Resolution 181 as giving it a legal right to state -
hood . On April 9 Weizmann referred to Resolution 181 as a "grant o f
independence" for a Jewish state .' At the United Nations, Jewish
Agency representative Moshe Shertok said that in Resolution 18 1
the General Assembly had "conferred statehood" on both Jews an d
Arabs .67 As a result of the recent hostilities a Jewish state "alread y
existed," making discussion of a trusteeship moot . He chided th e
United States, which had proposed trusteeship, juxtaposing that pol-
icy with the U.S. support for UN membership of recently indepen-
dent Arab states . It was "incongruous for the United States to endors e
the claims of those relatively primitive societies to sovereignty an d
membership in the United Nations and yet advocate further tutelag e
for both peoples of Palestine .i68 The Arab Higher Committee sai d
that if no trusteeship were established, it would declare statehood ."
But the committee had little chance of holding territory, since th e
Jewish Agency was rapidly advancing and King Abdullah was plan-
ning to incorporate part of Palestine .
British journalist Harry Levin, working for the Haganah, wrot e
on April 28 of the accelerating Arab flight from Palestine : "it ha s
become panic . . . all over the country, even from places not directl y
in the fighting line .i70 The Palestine Post reported the Arabs of Pales -
tine were "in panic flight .i7 ' In a speech to the Jewish National Coun-
cil on "the success of Jewish arms," Ben-Gurion said "the Arabs ha d
left Too villages, and r 50,000 of them were on the move ."7' By mid -
May 300,000 Arab refugees had fled from the territory occupied by th e
Zionist forces .73 The Haganah intelligence branch said the "mai n
cause of the movement of population" was "hostile operations,"
Realization of the Zionist Dream 63
which, it added, accounted for 55 percent of the flight . It attribute d
another 15 percent to fear engendered by prior terror attacks .74
Despite its January decision to send troops into Palestine upon Brit-
ain's withdrawal, the Arab League had made no preparations for inter-
vention . In early April it was encouraged by the General Assembly' s
abandon ment of the Resolution 181 partition plan and hoped for a
political solution . But by late April the Zionist forces had capture d
Haifa and Jaffa, and the flight of Palestine's Arabs was becoming evi -
dent in neighboring Arab states . Pressure built on Arab government s
t o protect the Palestine Arabs, and on April 29 the League decided to
intervene .75
As the Palestine Arabs fled, the Arab Higher Committee an d
Arab governments, in radio broadcasts, urged them to remain i n
place .76 The Arab Higher Committee broadcast particular appeals t o
Arab civil servants to remain at their posts, and these broadcast s
were reported in the Palestine Post . 77 In an April 24 broadcast th e
committee characterized as "cowards" any who "deserted thei r
homes.i7s In Jerusalem on April 27 the local national committe e
appealed to residents to stay. 79 In a Palestine Broadcast Servic e
message Anwar Nuseibeh, secretary of the Arab Higher Committee ,
urged Arab Jerusalemites to "remain calm and avoid chaos . "s0 Th e
Haifa national committee issued at least twelve communiques urg-
ing the population of Haifa to remain, s" and the Haganah radi o
reported these appeals ." A Haganah internal report said that "the
Arab institutions attempted to struggle against the phenomenon o f
flight and evacuation! "
The Arab Higher Committee urged Arab states not to grant entr y
permits to Palestine Arabs .64 A radio message on May 4 by King Ab-
dullah asked Palestine Arabs who had left to return and praised thos e
who had stayed ." Egypt announced on May 5 that Palestine Arab me n
aged eighteen to fifty would not be admitted into Egypt . s6 As reporte d
by the Haganah radio, Lebanon ordered all Palestine refugees age d
eighteen to fifty to leave Lebanon within forty-eight hours . s7
A U.S . State Department official, Robert McClintock, accuratel y
predicted on May 4, 1948, what would occur upon British withdrawal ,
sc heduled for May 14 : "In light of the Jewish military superiorit y
which now obtains in Palestine, the Jewish Agency will prefer to


64 1948 War and Establishment of Israel Realization of the Zionist Dream 65

round out its State after May 1 5 and rely on its armed strength to suggested, however, that broader claims might be intended . Truma n
defend that state from Arab counterattack ." If the Agency were to us e i mmediately extended de facto recognition of Israel . That recogni-
force to establish a state, McClintock said, "the Jews will be th e tion led—according to Dean Rusk, director of the State Depart-
actual aggressors against the Arabs . However, the Jews will clai m ment's Office of Special Political Affairs—to "pandemonium" o n
that they are merely defending the boundaries of a state which wer e the floor of the UN General Assembly, since delegates (includin g
traced by the uN . "s8 U. S . delegates) felt that the United Nations should establish a tetn-
By May 14, the date set for Britain's renunciation of authority , porary trusteeship .9'
the General Assembly had not finalized its trusteeship recommen-
dation . Instead, it proposed a truce and appointed a mediator "t o
promote a peaceful adjustment of the future situation of Palestine ."
At the same time it relieved of its duties the commission it ha d
established in Resolution 181 to supervise partition .89

On May 14, 1948, Britain renounced authority in Palestine, and it s

troops were in the final phase of withdrawal . The Arab Higher Com-
mittee did not proclaim statehood, but the Jewish Agency did, issu-
ing a Declaration of the Establishment of the State of Israel . "B y
virtue of our natural and historic right and on the strength of th e
resolution of the United Nations General Assembly," the declaratio n
read, we "hereby declare the establishment of a Jewish state in Eretz -
Israel, to be known as the State of Israel .i90 Thus, the Agency ignore d
the General Assembly's abandonment of partition and insisted tha t
Resolution r81 gave them legal entitlement .
Similarly, when the Jewish Agency informed the United Nation s
of its declaration, it cited Resolution 181 as "recognition by Unite d
Nations" of a "right of Jewish people to establish their independen t
state .i91 Abba Eban, addressing the United Nations on behalf of th e
Agency, called Israel "the first state to be given birth by the United
Nations .i92 Two Zionist lawyers said at the time that Israel was estab-
lished "in pursuance of the United Nations Resolution," which wa s
not "a mere act of international ratification of the existence of a new
State which had already established itself ." They said the "interna-
tional decision had preceded the emergence of the State and thu s
may be said to have been its legal foundation .i93
The declaration did not specify any borders for Israel . But in a
message to President Truman urging him to recognize Israel, the
Agency said it was proclaiming statehood "within frontiers approve d
by the General Assembly of the United Nations in its Resolutio n
of November 29, 1947 ." 94 Use of the designation "Eretz Israel"

8 Claim of Ancient Title to Palestine
Kaftans and Yarmulkes :
The Claim of Ancient Title to Palestin e
I have been a stranger in a strange land .
—Holy Bible, Exodus 2 :2 2
In addition to Resolution 181, the Jewish Agency relied for its clai m
to Palestine on self-determination and ancient title ."' Its declaration' s
reference to "our natural and historic right" was to a claim of righ t
based on the Hebrew kingdom that existed during the first milleniu m
B .C . in a portion of Palestine . The declaration recited that "Eretz -
Israel was the birthplace of the Jewish people ."2
The Jewish Agency said that modern Jewry is the successor t o
the ancient Hebrews, who had been forced out of Palestine by th e
Romans . "We are in Palestine as of right," said Ben-Gurion . "We are
at home there . Ever since the Jewish people has existed, Palestin e
has been, remains and will remain their national home—and to one' s
home one can always return as of right without having to ask any-
body else's leave .i3 The "exile of eighteen hundred years that bega n
with the Roman conquest" and "the destruction of the Jewis h
state," argued Moshe Aviddn, Israeli ambassador to Chile, "does no t
invalidate the historic and natural right of the Jewish people over it s
ancestral land ."4 Zionist lawyers said the Agency's claim was "sanc-
tioned by the principle of self-determination ."5
The Jewish Agency based its claim on self-determination .' Th e
League of Nations Covenant, as already indicated, treated self -
determination as a right of dependent peoples to the extent of pro-
hibiting new colonization . By 1948 the UN Charter had come int o
force, and it used language on self-determination that was stronge r
than that of the League's Covenant . The UN Charter took the League' s
requirement on states administering former Turkish and German col -
onies and applied it to all states administering colonies . The charter,
67
like the covenant, viewed administration of a nonself-governing ter-
ritory as a "sacred trust" and required an administering state to mak e
reports to the United Nations .' The charter stated that "equal right s
and self-determination of peoples" was a "principle" of the Unite d
Nations .' But there was a question whether that charter declaratio n
on self-determination made it a right .
The term "principle " was used in the Chinese, Spanish, English ,
and Russian versions of the charter . Some commentators argued tha t
as a "principle," self-determination was not a right, but only a n
"aspiration .i9 "Principle," however, can mean a legal obligation . 10
The prohibition in Article 2 of the UN Charter against use of force i s
called a "principle ." "The Organization and its Members," states Arti -
cle z, "shall act in accordance with the following Principles . . . .
)4) All Members shall refrain in their international relations fro m
the threat or use of force ."
A complication in construing "principle" here is that the draft-
ers of the UN Charter were not consistent in the five official lan-
guages in which they drafted the charter . The French text of the char-
ter referred to self-determination as a "right" rather than a "principle ."
All five texts are official . When treaty texts vary, they must be
reconciled ." If "principle" is ambiguous, "right" is not, and, there -
fore, "principle" must be read to mean a "right ."
Subsequent UN practice confirmed that the charter's reference t o
self-determination was to a right . In 1950 the General Assembly aske d
for the UN Commission on Human Rights to "ensure the right o f
peoples and nations to self-determination" '' In 1952 it referred t o
"the right of peoples and nations to self-determination as a funda-
mental human right .i13 Thus, self-determination did exist as a nor m
of law when the Jewish Agency made its claim to territory in Pales -
tine in 1948 .
It remains to apply that principle to the Agency's claim . Occupatio n
and dominion are the key considerations in international law in a
claim to territory, though in the twentieth century, when aggressio n
was outlawed, naked possession was no longer sufficient . 14 But the ini -
tial consideration in a claim to territory is longevity of control over it .
In Palestine the earliest period for which there is solid evidence as t o
the identity of the occupants is the second millenium B .C . At tha t
time the most significant population group in Palestine was the

68 1948 War and Establishment of Israel
Canaanite's . 15 They may have been associated with peoples who mi -
grated to Palestine from the Arabian peninsula around 3 500 B .c . t6 Be-
cause of the Canaanites, Palestine in the second millenium B .C . wa s
called the Land of Canaan . Other population groups in Palestine in tha t
era included the Babylonians, Sumerians, Accadians, Phoenicians ,
Hebrews, and Philistines (from whom the name Palestine derives) .
Hebrews constituted a substantial community in Palestine b y
the twelfth century B .C . and formed a state around r000 B .c.—in th e
area that the Arabs today call the West Bank of the Jordan River . '
The coastal plain continued to he occupied by the Philistines ." In
930 B .C . the Hebrew state split into a northern state called Israel, i n
Samaria, and a southern state called Judah, in Judea .20 Hebrews con-
stituted a majority in Judea, though it is uncertain whether they di d
in Samaria . 21 The Hebrews were driven out as rulers of Samaria by
Assyria around 720 B .C . and as rulers of Judea by Babylonia around
59 0 B .c . 2 Some Hebrews, particularly from the upper classes, wer e
deported to Babylonia, while the peasantry remained . '23 Many of thes e
deportees returned to Judea around 500 B .C .24
The Hebrews regained dominance in Judea around 15o B .C . 25 They
came to be called Jews because of their association with Judea .26 At
that period they extended their control over much of modern-da y
Palestine ." The Romans took over in 63 B .c ., though Jews remaine d
the majority population of Judea until many of them were expelle d
by the Romans in A .D . 133 . 28 The population of Palestine thereafte r
was a mixture of Philistines, Canaanites, Greeks, and Romans . 29
In the seventh century A .D . Arabs from the Arabian peninsul a
conquered Palestine . The population absorbed their Arabic language ,
and most adopted their Islamic religion, although some remaine d
Christians . 3° Of the Jews who still lived in Palestine, some retaine d
Judaism as their religion . But the Arab conquest had little impact on
the ethnic composition of Palestine. The number of Arabs who cam e
to Palestine was small, and they were absorbed into the local popula-
tion . Therefore, as of r88o—the time just before the onset of Zionis t
immigration—the majority population of Palestine, though Arab-
ized, descended from the Canaanites and other groups that inhabite d
Palestine in the second millenium B .C . 31 That population numbere d
about 450,000, while there were about 20,000 Jews . 32
A difficulty with the Jewish Agency's claim was that claims to terri-
tory based on ancient title have not generally been recognized . Dur-
Claim of Ancient Title to Palestine 69
tog the House of Lords debate of the Balfour Declaration in 1922 ,
Lord Sydenham said the Zionists "have no more valid claim to Pales -
tine than the descendants of the ancient Romans have to thi s
country. i33 The U.S. King-Crane Commission stated that the claim ,
"often submitted by Zionist representatives, that they have a 'right '
to Palestine, based on an occupation of two thousand years ago, ca n
hardly be seriously considered .i34
To support the Zionist historical claim, Julius Stone argued tha t
"no identifiable people now survives which can demonstrate any spe -
cial relation to Palestine prior to the centuries of Jewish statehoo d
there .i35 As indicated above, the Palestine Arabs derive from people s
who occupied Palestine before the time of the Hebrew kingdom . Thus ,
if ancient title were recognized, it would not necessarily support a
Zionist claim .
The International Court of Justice rejected a concept of original ,
or ancient, title . In a dispute between Britain and France over two
islands in the English Channel controlled by Britain in modern
times, France claimed "an original feudal title ." The court stated
that France's ancient title "could today produce no legal effect i36 If
ancient title were recognized, the result would be perpetual war, as
communities claimed the land that belonged to their ancestors .'
Ancient title would require the dismemberment of many existin g
states .3R
Even if ancient title were recognized, the Jewish Agency would stil l
need to establish its connection to the population that inhabite d
Palestine in ancient times . A World Zionist Organization delegate
to the Versailles Conference in 1919 referred to Palestine as th e
land of the Jewish people's "ancestors ."39 But this assertion wa s
questioned . Joseph Reinach, an anti-Zionist Jewish member of th e
French parliament, argued in 1919 that Jews of "Palestinian origin"
form only a "tiny minority" of contemporary Jewry. He said tha t
the Jews "have been as zealous as proselytizers as Christians an d
Moslems" ; that in ancient times they converted many Arabs ,
Greeks, Egyptians, and Romans, and made converts later in Asia ,
north Africa, Italy, Spain, and Gaul . Most "Russian, Polish an d
Galician Jews," he said, "descend from the Khazars, a Tatar peopl e
from the south of Russia who converted to Judaism in mass at th e
time of Charlemagne .i40
A people claiming territory bears a burden to prove the facts

70 1948 War and Establishment of Israel
underlying its claim .41 Ben-Gurion said that "race " does not unit e
Jewry since the ancient people "dissipated after so much dispersion .i"
But the Jewish Agency usually argued the opposite—that the Jew s
did not mix with other peoples . "Intermarriage has brought few addi-
tions," stated Louis Brandeis . "Therefore the percentage of foreig n
blood in the Jews of today is very low Probably no important Euro-
pean race is as pure . "43
Many Jews who remained in Judea and the Galilee converted t o
Christianity and lost their identity as Jews . 44 Many Jews who lef t
Palestine intermarried, resulting in "an influx of non-Jewish gene s
into the Jewish groups from the earliest times to the present in mos t
places and ages," in the words of Raphael Patai and Jennifer Pata i
Wing, two leading students of the subject .45 In early times prosely-
tism brought non-Jews into Judaism in Babylon, Syria, Arabia, Phoe-
nicia, and Egypt .46 In the last several centuries B .C . and the earl y
centuries A .D . the substantial Jewish communities around the Medi-
terranean included many converts . In Europe Gallo-Romans converte d
to Judaism .4 ' Proselytism continued in Europe into the Middle Ages, "
with much of the large Jewish community in Spain consisting o f
converts .49 The substantial Jewish population of southern Arabia ,
particularly in Yemen, was composed largely of Arabs who converte d
to Judaism,'° for in Islamic countries Jews frequently converted thei r
Arab slaves . 51 The Jews of China have always been predominantl y
Chinese, and the Falashas of Ethiopia predominantly African . 5 2
In the area north of the Caspian and Black seas the sizable kingdo m
of the Khazars adopted Judaism as a state religion in the eight h
century. 53 Large sections of the population converted, 54 and th e
Khazars adapted the Hebrew alphabet to write their Turkish-relate d
language . 55 Khazars migrated into Slavic-speaking areas, 56 particu-
larly after the Mongols destroyed Khazaria in the eleventh century '
A Khazar subgroup called the Kabars, who also followed Judaism, "
accompanied the Magyars westward and founded Hungary" Khazar s
migrated to Poland and Lithuania, establishing Jewry there .60 Th e
presence of some fair-complexioned persons in Eastern Europea n
Jewry is cited to show Khazar descendance, since there were fair-co m-
plexioned persons among the Khazars . 61 There is similarity as wel l
between Khazars and Eastern European Jews in male attire, particu -
Claim of Ancient Title to Palestine 71
laxly the long kaftan robe, the yarmulke skullcap, and the large roun d
fur-tri mmed hat.6`'
A competing theory is that Eastern European Jewry is made u p
largely of Jews who migrated from Western Europe to escape persecu -
tions that accompanied the Crusades (eleventh century) and the Blac k
Death (fourteenth century(, 63 or that such eastward migrations sup-
plemente d the Khazar-Jewish populations' There is no contempo-
rary evidence, however, of eastward migration of Jews during the Cru -
sades or the Black Death . 65 But evidence of such migration i s
sketchy, 66 and most scholars find the East European Jews to he pre -
dominantly Khazar-descended .'
One aspect of the Jewish Agency's historical claim was that, althoug h
few Jews remained in Palestine, Jews retained a strong psychologica l
attachment to it 6 3 The Agency's declaration recited that "the peo-
ple kept faith with" Israel "throughout their dispersion" and "neve r
ceased to pray and hope for their return to it and for the restoration i n
it of their political freedom .i69 The declaration alludes here to a
religious doctrine that Palestine was promised to the Jews .70 Until
the development of Zionism in the late nineteenth century, however ,
the biblical promise was not taken as a promise of a territorial state .71
The idea of establishing a Jewish state in Palestine emerged only i n
the nineteenth century. 72
Israeli officials later would repeat this position . Ben-Gurion sai d
that "the Romans, the Persians, the Byzantines, the Arabs, th e
Mongols, the Crusaders, the Turks have reigned in the country," bu t
that "in the eyes of generations of Jews, it was Eretz-Israel ." Th e
"uniqueness of the country in the soul of the Jewish people and i n
Jewish history" is "a fact as solid as iron that thousands of years o f
"73 Levi
alienation and revolution have not been able to root it out .
Eshkol, as prime minister of Israel in the r96os, would say that "Israe l
in dispersion maintained its spiritual and material links with thi s
country." This "historical and spiritual right" has been "confirme d
by international law and forged on the anvil of reality" He found "n o
parallel in the annals of the nations to this unique bond between ou r
people and its land .i74 Judge Moshe Silberg of the Supreme Court o f
Israel would state that "our spiritual presence in this land was fa r
more intensive than the physical presence" of those who inhabited
72 1948 War and Establishment of Israe l
it . "We prayed in exile for the dew and the rain," he said, "not in th e
rainy seasons of Poland and the Ukraine but in the rainy season o f
the land of Israel .."'s
Ben-Gurion argued that though Jews were absent from Palestin e
they made "incessant efforts" to return.76 But British historian Hug h
Trevor-Roper disputed Ben-Gurion's interpretation . The Jews were no t
"constantly prepared for a return to the Holy Land," he wrote, no r
was Zionism "the end to which all creation, in those two thousan d
years, had been groaning and travailing." The Jews "might suffer ter-
rible persecutions and pogroms in Russia or Poland," but "someho w
when they left, with the Holy Land on their lips, their feet carrie d
them" to "Germany or England or America . ""
Prior to the nineteenth century few Jews migrated to Palestine, "
though there was no prohibition on migration after the Arab con -
quest in the seventh century The Ottoman Empire did not prohibi t
Jewish immigration, but European Jews who migrated to the Otto -
man Empire typically went to Constantinople, Damascus, or Cairo,
where economic opportunities were greater than in Palestine .79 The
fact of psychological attachment to a territory does not yield territo-
rial rights ; and the criteria of occupation and dominion used in inter -
national law require a more concrete connection .
9
jab vs . Zionist: War of
independence or War of Aggression ?
And those who, whe n
An Oppressive wrong is inflicted
On them, are not cowe d
But) help and defend themselves .
—Holy Quran, xlii, 3 9
To bolster its territorial claim, the Zionist movement downplaye d
the size and longevity of the Arabs' residence in Palestine . This wa s
expressed in a phrase that became popular that the movement sough t
"a land without people for a people without land .."` But the Arab
population had been stable for hundreds of years . There was no sub-
stantial in-migration in the nineteenth centur y
The Jewish Agency argued that the Palestine Arabs did not con-
stitute an ethnic group separate from other Arabs and, therefore, ha d
no self-determination right and in particular no right to Palestine .
The Agency pointed out that in the early twentieth century Pales -
tine Arabs did not seek independence for Palestine but for a singl e
Arab state or for a Syrian state of which they would form a part .
Thus, it depicted the idea of a separate Palestine as artificial, invente d
to defeat Zionist claims .3 Golda Meir, as prime minister of Israel ,
declared that "there is no such thing as Palestinians ." She said, "it
was not as though there was a Palestinian people in Palestine consid -
ering itself as a Palestinian people and we came and threw them ou t
and took their country away from them . They . . . did not exist ."' B y
this, Meir meant that Palestine Arabs did not consider themselve s
different from the Arabs of neighboring areas .
To be sure, the Palestine Arabs did, in the early twentieth cen-
tury, seek a single Arab state and later an affiliation with Syria . Whil e
Turkey ruled, many Arabs sought the establishment of a single Arab

74 1948 War and Establishment of Israel
state . Syria was a dominant force in Arab nationalism, and affiliatio n
with Syria appealed to many Palestine Arabs .' Syria also seemed t o
have the strength to defend the Palestine Arabs against Zionism ."
That orientation, however, "did not mean that they regarded them -
selves as Syrians ."' Though Palestine had not been administered b y
Turkey as a single unit, Palestine had its identity from ancient time s
and was considered as a territorial unit into modern times by it s
inhabitants—and by Europeans—who referred to it either as Pales -
tine or as the Holy Land .' When France and Britain divided the Ara b
territories into the mandates of Syria, Lebanon, Iraq, Palestine, an d
Transjordan after World War I, pan-Arabism gave way in Palestine t o
the espousal of independence for Palestine alone .' Arabs came t o
identify themselves as Syrian Arab, Iraqi Arab, or Palestinian Arab . '
The issue of Palestinian distinctiveness is not relevant, however ,
to claims to Palestine . The basis for a claim to territory is longtim e
occupation. For this purpose it does not matter whether the Pales -
tine Arabs are distinct from neighboring peoples . The fact that the y
may have constituted part of a larger nation cannot be used to defea t
their right to their territory
Another argument made by some scholars in opposition to a
right of self-determination for the Palestine Arabs was that to recog-
nize their right would involve denying self-determination to the Jews .
Arab self-determination "should not be applied to the territorial are a
of Israel," argued Michael Reisman, "for it would involve a compara-
ble deprivation of the Israelis who themselves have their own histor-
ical trauma and have established a state for reasons which are wel l
known ."11 The solution, say scholars like Julius Stone, is for Jorda n
to be the Palestinian Arab State .' These views overlook the Pales -
tine Arabs' strong claim based on occupation and dominion and th e
correspondingly weak claim of the Zionists on these grounds .
If the Jewish Agency did not have a right based on history—and i f
the United Nations conferred no rights upon it—and if the indige-
nous population of Palestine (predominantly Arab) had a right to self -
determination, then the Jewish Agency's right to use force to tak e
control of Palestine is in doubt . As the Arab Higher Committe e
viewed the matter, "the people of Palestine" were "an independen t
nation ." It said that the "majority of the population of Palestine, th e
1,300,000 Arabs," considered that "the Jewish minority—whether
War of Independence or Aggression? 7 5
the 3 00,000 Palestinian citizens or the 400,000 foreigners—is a rebel-
lious minority which has revolted against the sovereignty of the major -
ity of the population of the country" Thus, the committee though t
"that any attempt to create any foreign government in Palestine" wa s
"an act of rebellion .i13 This view was expressed in more colorfu l
term s some years later by Mohammed Bedjaoui, an Arab jurist wh o
would become a judge of the International Court of Justice . "Who i s
the aggressor? The intruder who, without right or title, has taken
possession of another's house and cries foul play whenever an attemp t
is made to evict him?" Bedjaoui asked . "Or the rightful owner, wh o
has been clamoring for his rights for nearly half a century and ask s
for nothing but the restitution of his property? i14
The Arab Higher Committee was not a state . But, like the Jew-
ish Agency, it was recognized by the League of Nations as represent-
ing the interests of its community in Palestine . "Communities unde r
mandate" were "subjects of international law" with "a patrimon y
distinct from that of the Mandatory State," the Institute of Interna-
tional Law said in 1931 . They possessed "a national status," and the y
could acquire rights or be held to their obligations .' As the entity
representing the majority population of Palestine, the Arab Highe r
Committee had a strong claim to be the bearer of sovereignty . And
Palestine, as it emerged from the mandate upon Britain's renuncia-
tion, possessed many attributes of statehood . It had a border interna-
tionally recognized ; 16 its inhabitants carried Palestinian citizenship ; "
it had a body of law deriving from Ottoman law enforced in it s
courts ;" and it had been a party in its own name to treaties . "
The Jewish Agency could also be considered in itself to be an
outside force . Thus, Cherif Bassiouni suggested by way of analog y
that if "a hypothetical group of people" were to steal an atomic bom b
and to try to drop it on a particular state, this would be an arme d
attack warranting self-defense within the meaning of Article 5 r o f
the UN Charter.20 This conclusion arguably follows from the fact tha t
Article 51 permits self-defense "if an armed attack occurs" but doe s
not specify that the attack must be carried out by a state . '
The view that an attack by a private group is an "armed attack "
u nder the UN Charter has been challenged, however .22 Aggression i s
generally considered to occur only when the attacking entity is a
state . 23 If an attack by a private group on a state were deemed a n
attack by a state, then a state using force to defend itself would be
 76 1948 War and Establishment of Israel
required to inform the UN Security Council, since Article 51 of th e
UN Charter requires a state using force in self-defense to report to th e
council . But there is little precedent for reporting to the council by a
state repelling an attack by a private group .
Even if an attack by a private group is not an attack as defined b y
the UN Charter, it nonetheless may lawfully be opposed by force . A
state has the right to defend itself from armed action by private group s ,
whether they originate in the state or enter from outside .24 Thus, if
the Arab Higher Committee were a territorial sovereign, it woul d
have a right to use force against the Jewish Agency which woul d
have been asserting by armed force a right to sovereignty in the com-
mittee's territory.
The Jewish Agency's military action of 1947—48 has also bee n
analyzed as the action of a state, on the ground that the Agency ha d
public-law status with the League of Nations . Under this analysis ,
the Zionist forces were agents of that public-law body who took up
arms against the majority population of Palestine . Their action, there-
fore, constituted an armed attack by a state warranting self-defens e
by the majority population .25
The Security Council's approach to the 1948 war lends support
to this view, at least to the extent that the council seemed to con-
sider the Jewish Agency a state for this purpose . On May 14, 1948 ,
the Jewish Agency, anticipating Arab-state intervention, brought t o
the Security Council a complaint of aggression against the Ara b
League . The Security Council treated it as a state-to-state complaint .
This approach, according to international law specialists Myre s
McDougal and Florentino Feliciano, suggested that a conflict involv-
ing a newly organized territorial body politic on the one side an d
established states on the other is treated like a conflict between estab-
lished states .26 While the council was acting in response to the hos-
tilities between Israel and the Arab League, its approach suggest s
that the Jewish Agency should be deemed a public-law body even
with regard to its hostilities with the Palestine Arabs .
It was also plausibly suggested that the Jewish Agency's impositio n
of statehood amounted to a forced colonization of Palestine . The
Agency had been allowed to develop a Jewish settler population b y
Great Britain, and it then revolted against Britain . The UN Charte r
did not require administering states to divest themselves of their
War of Independence or Aggression? 77
colonie s .2' But, like the League of Nations Covenant, it barred ne w
coloniza tion . By outlawing aggression and requiring the promotio n
of self-determination, the charter prohibited the taking of a people' s
territ ory by force . In the post-charter era no state claimed a right to
acquire new colonies . If the Jewish Agency had no right to statehood ,
the colonialist aspect of its venture was unmistakable .
"Left to themselves," wrote a contemporary observer of the 1948 sit-
uation, "the Arabs of Palestine would be impotent against the Jewis h
State ."2s When the Arab-state forces entered Palestine May 15, 1948 ,
the Jewish Agency, now representing the provisional government o f
Israel, told the United Nations that the intervention constituted ag-
gression .29 But the uN Security Council made no determination o n
that score 3° The United States submitted a draft resolution that woul d
have characterized the intervention as a breach of the peace, but it
was voted down.' The council merely asked "all Governments and
authorities, without prejudice to the rights, claims or positions o f
the parties concerned, to abstain from any hostile military action i n
Palestine .i ;2 Without assigning fault, it found "that the situation i n
Palestine constitutes a threat to the peace" and called for a cease-fire .33
The Arab states characterized their intervention as a defense o f
the majority population of Palestine .34 Egypt cited atrocities agains t
the Palestine Arabs" and a need to stop "Zionist terrorist gangs wh o
persisted in attacking the peaceful Arab inhabitants .i36 Transjorda n
had been "compelled to enter Palestine to protect unarmed Arab s
against massacres °" The Arab Higher Committee had invited th e
League forces to "assist" the committee "in maintaining law an d
order.i38 The intervening states also stressed they were entering Pal-
estine at the committee's request . Egypt "was asked by the abun-
dantly expressed will of the people of Palestine to offer aid to th e
new State .i39 Syria stated that the Arab majority in Palestine, in
requesting Arab-state intervention, was exercising its right of self-
det ermination .40 Saudi Arabia sent forces into Palestine "to help thei r
brothers, the Palestinian Arabs, only after they have been requeste d
to do so by the majority of the inhabitants of the country."41
Despite Israel's charge of aggression, it was not clear that th e
Arab League forces were invading the territory that Israel claimed,
which was the territory designated for a Jewish state in Resolutio n
1$ 1 . The chiefs of staff of the Arab armies had informed their govern-

78 1948 War and Establishment of Israel
ments that the Arab League did not have the necessary troop strengt h
or aircraft to defeat the Zionist forces . Realizing that, League official s
hoped a show of force might convince the major powers to act o n
behalf of the Palestine Arabs . 42 Egypt conducted some air raids over
Tel Aviv, 43 but the Arab League forces did not launch a serious groun d
attack into the areas the General Assembly had suggested for a Jew-
ish state . 44 Transjordan, in particular, aimed at taking the West Bank ,
leaving the rest of Palestine to the Jewish Agency.45 Upon enterin g
Palestine, Transjordan indicated it would try only to stop farthe r
advances by Zionist forces into Arab-populated sectors .46 King Abd-
ullah ordered his forces not to enter the area designated for a Jewis h
state in Resolution 181 . 47 Transjordan's forces were headed by Britis h
officers, and they were under instructions to resign if the king ordere d
attacks into the area designated for a Jewish state ." The only mai m
battle between the Arab Legion and the Zionist forces occurred aroun d
Jerusalem, which, according to Resolution 181, was to be interna-
tionalized . When that occurred, Britain withdrew from the legio n
both its officers and its funding . 49
If the aim of the Arab-state forces was to prevent further atrocities ,
its intervention might be justifiable as humanitarian intervention .
There is a doctrine, on which Israel would rely in 1976 in sending
troops into Uganda to rescue kidnapped Israelis, that permits troo p
intervention to save persons from imminent harm . 50 While that doc-
trine was and still is controversial in international law, the factua l
basis of a need to protect human life was strong . The Haganah, Irgun ,
and LEHI had already killed substantial numbers of Palestine Ara b
civilians, even with British troops in Palestine . The prospect wa s
very real that with Britain out of Palestine they would kill civilian s
more freely.
While the Arab states limited themselves for the most part t o
the territory designated in Resolution 181 for an Arab state, they
made no formal commitment to observe that limitation, and th e
Arab Higher Committee claimed jurisdiction over all of Palestine .' '
If the aim of the Arab League was to uphold the right of the Palestin e
Arabs to sovereignty in all of Palestine, then the legality of the inter -
vention would depend on the rights to Palestine of its Arabs an d
Jews.
If the hostilities amounted to a domestic rebellion by the Jewis h
War of Independence or Aggression? 79
Agency against the Arab Higher Committee as the lawful bearer o f
sovereignty in Palestine, the law in force at the time did not provid e
clear guidelines . There had been outside intervention in the civi l
wars in Russia (1918—19) and Spain (1936-38), despite internationa l
efforts to limit it . 52 The law of the period did not clearly prohibi t
intervention , particularly on the side of the lawful governments '
If the rebel group was aided by outside states, then the right o f
other states to aid the lawful government was stronger still .54 Th e
Jewish Agency's challenge to the Arab Higher Committee was, argu-
ably, being aided morally by the states that proposed a Jewish state i n
part of Palestine through Resolution 181, and materially by states
—like Czechoslovakia—that permitted arms to be sold to the Jew-
ish Agency.
The Jewish Agency was even more clearly being aided by outsid e
private elements—through financial contributions—and one lead-
ing scholar found this gave the Arab states a right to intervene . "Th e
Jewish community in Palestine," wrote Michael Akehurst, "was bein g
used by foreign interests to commit indirect aggression against Pales -
tine. The Arab states were protecting Palestine against such subver-
sion ; it is generally agreed that one state may protect another agains t
subversion, under the rule of collective self-defense ." The subversion
was outside aid to the Jewish Agency, according to Akehurst . "The
Zionist victory was due in no small measure to the money, weapon s
and men which the Zionists received from overseas ."
The aid, Akehurst continued, "came mainly from private indi-
viduals and private organisations rather than from governments ."
While "most instances of collective self-defense against subversio n
relate to subversion by foreign governments," a state, "should have a s
much right to defend another state against subversion from foreig n
private interests as it has to defend another state against subversio n
from foreign governments, particularly as private interests are ofte n
as powerful as governments ." Akehurst cited the 196o secession o f
K atanga Province in the Congo, in which "a number of states regarde d
the assistance allegedly given by western capitalists to the seces-
si onary movement in Katanga as a form of subversion, and claimed a
right to defend the Congo against such subversion
. "55
The Arab Higher Committee would have a right to request interven-
tion only if it enjoyed the necessary status in Palestine to do so . It


80 1948 War and Establishment of Israel War of Independence or Aggression? 81

has been objected that Palestine was not an independent state an d the assumption Israel was a state, this might not be too great a n
the Arab Higher Committee was not a legitimate government author- obstacle. A second problem was that Article 6 required the aggres-
ized to seek foreign aid ." But Palestine possessed, as indicated, a n s ion be against a member state, and Palestine was not a member
international status as representative of a people enjoying a right t o state. Had the Arab Higher Committee had an opportunity to form a
statehood . The Arab Higher Committee represented the Arab popu- state, it would have joined the league, but the fact remained it wa s
lation of Palestine and, therefore, had a right to request assistance .' not a member.
Israel objected to the Arab Higher Committee's request to
Transjordan on the ground that Transjordan did not recognize the
Arab Higher Committee . In mid-May 1948 King Abdullah, arguin g
that a truncated Palestine state was not viable, stated that the Ara b
Higher Committee no longer represented the Palestine Arabs .ss Abd-
ullah's nonrecognition of the Arab Higher Committee did not impai r
its request for intervention, however. The other Arab League state s
recognized the Arab Higher Committee, and the committee had th e
right to issue the invitation, regardless of the king's view . The Ara b
Legion entered with consent of the Arab Higher Committee, whic h
rendered their entry lawful even if King Abdullah was not responding
to the committee's invitation . 59
The request was also challenged on the ground that the Ara b
League had decided in September 1947 to intervene if necessary t o
prevent partition, prior to any invitation from the Arab Higher Com-
mittee. This decision, it was argued, showed the aggressive characte r
of the invasion .`' 0 But, as indicated, the League's intentions were uncer -
tain through late 1947 and early 1948 . It did not make a definit e
decision to intervene until April 1948 . In any event, the league neve r
contemplated intervening without the consent of the Arab Highe r
Committee . On December 8, 1947, the League indicated that if i t
intervened, it would do so "with the full consent of Palestine Arabs .""
The Arab League states also justified their intervention as law-
ful action of a regional organization .C2 The uN Charter authorize s
action against breaches of the peace by regional bodies, and the Ara b
League probably qualified as such a body. Article 6 of the pact of th e
League states that in case of "aggression or threat of aggression by a
State against a member State," the League's council should "deter -
mine the necessary measures to repel this aggression ."63 This justifi-
cation faced two problems, however, and the matter was never resolv ed
by the Security Council . The first was that Article 6 required aggres -
sion by a state . It would thus be necessary to decide that Israel was a
state . Since the Security Council was dealing with the dispute o n

10
Exodus : The Departure
of the Palestine Arab s
We did everything to encourage them to flee .
—Yigal Allon, Commander, Palmac h
The concerns of the Arab League were not frivolous . "British with-
drawal freed our hands," explained the Haganah's intelligence branc h
in an analysis of the events . ' In Jerusalem on May r5, 1948, Hagana h
loudspeaker vans urged the Arab population to flee . "Take pity o n
your wives and children and get out of this bloodbath," they pro -
claimed . "Surrender to us with your arms . No harm will come t o
you . Or get out by the Jericho road, that is still open to you . If yo u
stay, you invite disaster." 2 The Jericho road leads to Jordan . "The evac -
uation of Arab civilians had become a war aim," said Haganah office r
Uri Avnery, who would later become a member of Israel's parliamen t
(Knesset) ."
On May 15–16 the Haganah shelled Acre, where thousands o f
Arabs from Haifa and elsewhere had taken refuge . Most resident s
of Acre had fled during the Haganah's encirclement of the city tha t
began in late April, and as the city fell more of them fled .' The Ara b
Legion moved into Jerusalem, where it tried to take back territor y
captured by the Haganah, but its only success was in capturing th e
Jewish Quarter inside the walls of the Old City .' In June the Hagana h
reorganized itself as the Israel Defense Force (MF(, absorbing the Irgu n
and LEHI, 6 and consequently the IDF outnumbered the combine d
forces of Arab armies .' Arms and ammunition the Jewish Agenc y
purchased in Czechoslovakia began to arrive .' Meir attributed th e
Haganah's success in this period to these purchases of "shells ,
machine guns, bullets—and even planes ."9
The Arabs of Palestine were "ejected and forced to flee into Ara b
territory," wrote Edgar O'Ballance, an historian of the war . "Whet -
Departure of Palestine Arabs 83
ever the Israeli troops advanced into Arab country, the Arab popula-
tion was bulldozed out in front of them .ii° It "typically sufficed,"
recalled Avnery, "to fire a few shots in the direction of Arab village s
to see the inhabitants, who had not fought for generations, take
flight ." 11 In the town of Beisan some of the Arab population remained
after the Palmach's attack in May. In June the IDF drove these remain -
ing Beisan residents to the Jordan River and forced them to cross .' In
July the IDF captured the major adjoining towns of Ramleh and Lydd a
in central Palestine . By decision of Ben-Gurion, it sent loudspeake r
vans to order the inhabitants to evacuate . The IDP forced 6o,00o resi-
dents, nearly the entire population of the two towns, to march cas t
to the town of Ramallah, which was under Jordanian control . 13 Th e
Haganah fired mortars to encourage the Ramleh and Lydda inhabi-
tants along the road ." It spared one small group of Lydda resident s
from the expulsion, the town's railroad employees, since it neede d
them to run the railroad . ls But Israel's policy, wrote O'Ballance, "wa s
now openly one of clearing out all the Arab civil population befor e
them ." "
On July 16 the Haganah's Seventh Brigade captured Nazaret h
with little fighting, " but strong Arab leadership there prevented pani c
flight when the town fell ." Ben Dunkelman, commander of the Sev-
enth Brigade, met with Nazareth officials and concluded a writte n
surrender document in which he agreed not to expel the population . 1 °
Ben-Gurion arrived in Nazareth and reportedly asked why the Arab s
were still there .20 Dunkelman said he received an order about tha t
time from the IDE command to expel the Nazareth population . He
refused and, as a result, was ordered to withdraw the Seventh Brigad e
from Nazareth, to he replaced by other forces that would carry ou t
the expulsion .' But after replacing the Seventh Brigade, 'DF com-
mand reconsidered the matter . Expulsion from such an importan t
Christian site would attract attention in the West .22 To avert nega-
tive reaction, the command decided not to expel the population .73 I t
did, however, try to expel small groups of Nazarenes over the nex t
few weeks .2a The nonexpulsion of the Nazareth population has bee n
cited to prove that the IDF did not precipitate the Arab exodus fro m
Pa lestine .25 But Nazareth was a special case . The IDF did push ou t
nearly all the Arabs in the territory it was capturing .26
Around Jerusalem the IDF and Arab Legion fought during July,
' but neither side was able to improve its position .' In mid-July the

84 1948 War and Establishment of Israel
IDF attacked the village of Jaba, near Haifa, and expelled all 8,00
inhabitants, firing at fleeing civilians . 2s It repeated this scenario i n
many Galilean villages .' In the Galilean town of Saffuriya rnr air-
planes dropped barrels filled with explosives, metal fragments, nails ,
and glass . The population fled in panic .-30 To prevent the inhabitants '
return, the IDF blew up houses in this and many other Galilea n
villages .- Count Folke Bernadotte, the UN mediator, complained o f
the demolitions, which he said were done "without apparent mili-
tary necessity." 32
Israel's expulsion policy generated modest opposition from left -
wing Zionists 3 3 Aharon Cizling, a left-wing member of the provi-
sional government, complained about the expulsions and the demo-
lition of Arab houses, leading the cabinet to issue an order on July 6
that read : "Except in the course of actual fighting, it is forbidden t o
destroy, burn or demolish Arab towns and villages, or to expel Ara b
inhabitants from their villages, neighborhoods and towns, or uproo t
inhabitants from their homes without express permission of an orde r
from the Minister of Defense, in each and every case."34 Expulsio n
and demolition continued, however .35
In August the government formalized its policy of demolishin g
villages to make it impossible for expelled inhabitants to reclai m
them. 36 To prevent return by the inhabitants, the IDF set land mine s
around abandoned villages .37 It quickly brought in Jews to settl e
many of the abandoned areas .3R Count Bernadotte asked the govern-
ment to repatriate refugees, but it refused .39 As one reason for it s
refusal the government denied expelling the Arabs in the first place .
Foreign Minister Moshe Shertok told Bernadotte "the war brought i n
its wake a mass exodus, mostly spontaneous .i40 But Bernadotte per-
sisted on the issue . Disagreeing with Shertok's analysis of the reaso n
for the departure, he reported to the United Nations that the "exodus
of Palestinian Arabs resulted from panic created by fighting in thei r
communities, by rumours concerning real or alleged acts of terror -
ism, or expulsion ."41
As the IDE forced Arabs out of towns and villages, reported th e
Economist, it "systematically stripped" them of their personal be -
longings .42 Soldiers removed furniture and housewares from aban -
doned Arab homes and took off doors, windows, lintels, bricks, roo t
tiles, and floor tiles 43 in what one observer called an "orgy of loot -
ing!"44 Bernadotte reported "large-scale looting, pillaging, and plunder -
Departure of Palestine Arabs 85
jog" of Arab-owned property by the IDF, and he said that compensatio n
should be paid for what was taken . 45 On September 17 three mem-
bers of LEHI assassinated Bernadotte in Jerusalem, apparently becaus e
of his concern for the rights of the Arabs . LEHI leader Itzhak Shamir,
according to several of the assassins, authorized the assassination ."
In October 1948 the mDF attacked more Galilean villages, typi-
cally taking them without resistance . In the village of Elabun it gath-
ered the inhabitants and shot and killed thirteen young men .47 It
then expelled the rest of the residents, except for a small number of
elderly and the village's Greek Orthodox residents . "The priests," a n
Israeli police report explained, "complained bitterly about the expul-
sion of the villagers and demanded their return!'" In the village o f
safsaf the IDF ordered the population to line up, then blindfolde d
seventy adult males and shot them to death . The other villager s
fled.49 In the village of Hula, just north of the Lebanon-Palestin e
border, Zionist forces confined seventy males in a building and kille d
them with submachine guns .50 The IDF forced out the population o f
the villages of Ikrit and Biram, 51 and in the village of Gish IDF sol-
diers took valuables from the villagers . When the villagers demande d
receipts, the soldiers took several of them outside the village to b e
shot and killed them .52 UN observers in the Galilee reported thes e
killings and expulsions, despite efforts by the 'Dr to keep them from
investigating .53 The Red Cross reported that, in villages whose popu-
lation was not expelled, able-bodied men were put into hastily organ-
ized prison work camps .S4
In October 1948 the IDF also conquered the Negev desert . It force d
out most of the Arabs by destroying villages and killing inhabitants .5i
On October 22, it captured Beersheeba, the major town in the Negev ,
from the Egyptian army and expelled the town's population .56 In the
major coastal town of Majdal much of the population fled as the ID E
approached.57 On October 28 an IDE unit composed of former LEH I
members captured the village of Dawaymeh, near Hebron . No fightin g
had occurred in Dawaymeh but soldiers said later they believed th e
villagers were responsible for killing one hundred Jews the previou s
year at a nearby settlement ." The unit killed several hundred civil-
ians in Dawaymeh ,59 including seventy-five elderly men in a mosque .
A ccording to witnesses, Israeli soldiers beat women and children to
death with sticks and blew up houses with people inside .C"
Some Arabs forced out of their localities fled beyond the borders
B6 1948 War and Establishment of Israel
of Palestine, while others fled to the Gaza Strip or east central Pales .
tine, which would later be known as the West Bank of the Jorda n
River . Some fled to other locations in the area controlled by the IDE _
A report from Haifa by an Israeli intelligence officer gave figures fo r
the so-called "internal refugees" in six northern villages .C1 The inter-
nal refugees had no homes in the localities where they took refug e
and no source of income .«
UN mediator Count Folke Bernadotte reported shortly before his assas -
sination that "almost the whole of the Arab population fled or wa s
expelled from the area under Jewish occupation!'63 Of the major Ara b
towns of Palestine that it captured, the IDF depopulated nearly all o f
them, with the exception of Nazareth . Figures on populations befor e
and after the expulsion are : Jaffa 70,000 to 3,600; Haifa 70,000 to
2,900 ; Jerusalem 70,000 to 3,500; Lydda-Ramleh 34,920 to 2,000 ; Acre
15,000 to 3,500 ; Tiberias 5,300 to virtually none ; Safad 9,530 to vir-
tually none ;64 Beisan 5,18o to virtually none ;6 ' and Beersheeba 6, coo
to virtually none .6" The Arab urban population on December 31 ,
1948, according to an Israeli government count, was only 36,814 . 6'
The m r also virtually depopulated the rural areas .' An IDF repor t
of October 1948 on the Galilee recited : "In all the villages where we
fought the population has already fled, but many more will still flee ."
A government report said that 600,000 had fled .69 It is estimated
that in the area Israel took in 1948 there had been 900,000 Arabs i n
1947 . Of these, only 120,000 remained, according to the first Israeli
census . Of these 1zo,000, half were Bedouins in the Negev, living i n
sparsely populated areas where there was no heavy fighting . Tha t
means that in the densely populated areas only 6o,000 Arabs remained
out of 840,000 . 70 And of these, 20,000—30,000 were internal refu-
gees.71 So of 840,000 Arabs in the densely populated areas, very fe w
remained where they had formerly lived . To the Arabs, wrote a stu-
dent of colonialism, Zionism had become "a prolonged and tragi-
cally successful invasion" conducted by "an alien people under West -
ern imperialist auspices, ending in the expulsion of most of the peopl e
whose country it was .i72
ff
a State :
To Justify
Israel as a fa d
have found you an argument ; I am not obliged to find you an understanding .
I
_Samuel Johnson, June 1784, in James Boswell, Life of Samuel Johnso n
In the fall of 1948 Israel's provisional government prepared to invad e
the West Bank .' Militarily, Israel had the capacity to take the Wes t
Bank from Abdullah's Arab Legion, 2 but a West Bank invasion hel d
political risks . If Israel took the West Bank and did not expel it s
population, the Jews would be a minority in their new state .3 So the
invasion plan proceeded on the assumption the IDF would force ou t
the West Bank population . A West Bank invasion-expulsion would ,
however, greatly intensify the Arab refugee problem, over which Israe l
was already under pressure at the United Nations . 4 Israel had main-
tained good standing at the United Nations, despite the expulsions ,
but a West Bank invasion might jeopardize its application for U N
membership .' Britain, it feared, might intervene on Transjordan's side .6
Weighing these concerns, the provisional government canceled th e
invasion .
On November 29 the provisional government applied for U N
membership .' Under the UN Charter a state is admitted to member -
ship by an affirmative vote in both the Security Council and th e
General Assembly. The Security Council took up Israel's applicatio n
on December 17 . In the council discussion Britain voiced concer n
that Israel had not responded to the UN request for an explanation o f
the assassination of its mediator, Count Bernadotte . Britain also sai d
that before it could support Israeli membership it needed clarificatio n
of Israel's position on the internationalization of Jerusalem and o n
rep atriation of the Arab refugees . Israel's application was put to a
vote and was rejected .'
On December r r the UN General Assembly established a concilia-

88 1948 War and Establishment of Israel
tion commission to urge the parties "to achieve a final settlement "
At the same time it asked Israel to repatriate the refugees . It said tha t
"the refugees wishing to return to their homes and live at peace wit h
their neighbors should be permitted to do so at the earliest practica l
date, and that compensation should be paid for the property of thos e
choosing not to return and for loss of or damage to property which ,
under principles of international law or in equity, should be mad e
good by the Governments or authorities responsible .i9 But the pro-
visional government refused repatriation, declaring that it was no t
responsible for the Arabs' flight . Ben-Gurion denied that Israe l
expelled any Arabs and said the departure of the Arabs had been organ -
ized by the Arab states or by Britain . 10 Ben-Gurion repeated that clai m
in later years, stating that the Zionist military had told Arabs t o
remain in place and the Arabs had "fled under orders of Arab leaders ." "
In a few localities the Arab Higher Committee and Arab Legion
did advise evacuation in the face of imminent attack .12 But Ben -
Gurion produced no evidence of any general departure orders to th e
Palestine Arabs from any Arab authority, and subsequent investiga-
tors found none . 13 Ben-Gurion did not mention the repeated appeal s
from Arab authorities for the Palestine Arabs to remain in place . "
Legal scholar Nathan Feinberg, who supported Ben-Gurion's expla-
nation, cited a statement attributed to Monsignor George Hakim ,
the Greek Orthodox Archbishop of Galilee : "The refugees had bee n
confident that their absence from Palestine would not last long, tha t
they would return within a few days—within a week or two . Thei r
leaders had promised them that the Arab armies would crush th e
'Zionist gangs' very quickly and there was no need for panic or fea r
for a long exile .i15 Feinberg said this statement acknowledged that
the Palestine Arabs left because Arab authorities suggested it . Mon -
signor Hakim acknowledged the statement but said he did not mea n
that Arabs left in response to appeals . "At no time did I state that th e
flight of the refugees was due to the orders, explicit or implicit, o f
their leaders, military or political .i16
In December 1948 the provisional government set a plan to conque r
the Gaza Strip and Sinai Peninsula . It had the military capacity t o
accomplish this goal . 17 In late December the IDF made major gain s
against Egypt in the Sinai , "S but Britain got word of the invasion an d
threatened to intervene . 19 The United States also threatened to with -
Israel as a Fact 89
draw its support for Israel's membership in the United Nations and
warned against any further IDF offensives .20 Under that pressure Ben -
Gurion withdrew the IDF from Egyptian territory and canceled plans
to take Gaza and the Sinai . '
At the same time Ben-Gurion withdrew the IDF from southern
Lebanon, where it had penetrated . The Litani River, an importan t
water source, flowed through southern Lebanon . General Yigal Allo n
criticized Ben-Gurion's decision to withdraw, complaining that th e
air had been "on the crest of victory" from "the Litani in the nort h
to the Sinai desert in the southwest . A few more days of fighting
would have enabled us to liberate the entire country'' "
In the spring of 1949 Israel concluded individual armistice agree-
ments—though not peace treaties—with Egypt, Lebanon, Transjor-
dan, and Syria 23 Under the armistice lines drawn in these agreements ,
Israel retained the territory it had taken militarily with mino r
adjustments .24 The most protracted negotiations were between Israe l
and Syria, ending in a settlement that included the creation of a
demilitarized zone between them .' By the agreements Israel held 7 7
percent of Palestine—all sectors except the Gaza Strip and the Wes t
Bank of the Jordan River . The agreements specified that the armi-
stice lines were not international borders and that their acceptanc e
did not imply recognition of a right to any piece of territory2 6 Th e
only exception was the Israel-Lebanon armistice, which implied rec -
ognition of what had been the border between Mandate Palestin e
and Mandate Lebanon by saying that "the Armistice Demarcatio n
Line shall follow the international boundary between Lebanon an d
Palestine ."27
In March Israel resubmitted to the Security Council its applica-
tion for membership, and this time the council approved it .2s The
General Assembly then took up the application, but many member s
had the same concerns Britain had expressed in the Security Coun-
cil . Some were concerned as well that Israel had claimed no borders ;
this raised the question of whether it might intend to take furthe r
t erritory. If it did, Israel might not meet the membership require-
ment in Article 4 of the charter that it be "a peace-loving state ." Th e
assembly's ad hoc political committee asked Israel to appear to addres s
these matters .29
In a statement to the committee on May 5 Abba Eban, Israel's

90 1948 War and Establishment of Israel
representative, said that Jerusalem's status should be defined by inter -
national consent but that internationalization should apply only t o
the holy sites and that Israel might claim sovereignty over the "Jew-
ish part" of the city. On the refugee question, Israel said the situation
"was a direct consequence of the war launched by the Arab States "
and, therefore, the matter should be solved by resettlement of th e
refugees in Arab states . It agreed to compensate Palestine Arabs whos e
property had been taken and promised to respect the property of the
Palestine Arabs who remained in the territory it held . Israel regrette d
not having identified the assassins of Count Bernadotte but it woul d
continue efforts to do so . On the question of borders, this should b e
determined by negotiation between it and the Arab states 30
Though some members expressed concerns over Israel's expla-
nations, the General Assembly on May ri approved Israel's applica-
tion for membership, thereby admitting it to the United Nations . Its
resolution approving the application noted its own Resolution 19 4
that called on Israel to repatriate the refugees and referred to the expla -
nations given by Israel .3 1
In an attempt to work out a final settlement of the Palestin e
conflict, the conciliation commission got Israel, the Arab states, an d
the Arab Higher Committee to negotiate in Lausanne during May,
but little came of the effort.
During r y48 few states had recognized Israel .5 ' But in 1949 more di d
so . This recognition and the admission to UN membership led to a
new argument for Israel's legitimacy. Even if there had been no law-
ful basis to establish Israel, its recognition became an argument fo r
its legitimacy.33
It is not generally accepted, however, that recognition can legiti -
mize a state that asserts sovereignty over territory to which it is no t
entitled . A "vice in title," wrote Ian Brownlie, cannot be "cured b y
recognition .i34 Daniel O'Connell stated that "a mere adding up o f
assents is of no greater juristic value than a particular assent, an d
since unanimous action is improbable, validation can never be intui t
national but can only be vis-a-vis the assenting states .i35 Thus, rec -
ognition confers no objective status .
Some scholars, like Quincy Wright, pointed to Israel's admissio n
to the United Nations as a fact that constituted recognition by othe r
states.36 But admission to uN membership does not imply recognr
Israel as a Fact 9 1
don by all member states or even by those voting for admission . i7
The UN Charter does not require a member state to recognize another
member state ."' Many states that do not recognize Israel are U N
members .
Anothe r theory that has been asserted to legitimize Israel is tha t
Brita i n created a "legal"40
vacuum" when it left Palestine .39 Palestin e
"41
became a in or
"terra delicta which
"terra nullius,Israel created
„42
itself through auto-emancipation . When in such a situation a com-
munity "asserts its independence," said O'Connell, it "acquires capac -
ity if it has the qualifications for Statehood .i43 This sovereignty-
vacuum theory relies on the concept in international law tha t
sovereignty may be established by exerting control over unoccupie d
territory.
The sovereignty-vacuum theory as applied to Israel has been crit-
icized as smacking of colonialism since it assumes the indigenou s
population had no rights . 44 Israel itself has never used this argumen t
since it claimed a prior-existing right . Palestine was not open to occu -
pation by whoever might take it in 1948 .45 An inhabited territory,
said Brownlie, "cannot be regarded as terra nullius susceptible t o
appropriation by individual states in case of abandonment by th e
existing sovereign!'" When mandate territory is abandoned, sover-
eignty is still located somewhere .47 The International Court of Jus-
tice made this point in the case involving Spain's departure fro m
its colony of Western Sahara . When Spain relinquished sovereignty,
Western Sahara was not terra nullius since there was a people i n
occupation 4 R
A theory suggested by Andre Cocatre-Zilgien is that Israel is the law -
ful successor to the Jewish Agency. After Britain's withdrawal, h e
wrote, the "only authority remaining in place" was, "in fact and eve n
in law, the Israeli authority.i49 But while the Jewish Agency had th e
status of a public body, it represented only a minority of Palestine' s
Population . Thus, it could not have been deemed the bearer of sover-
eignty in Palestine .
That theory is similar to another that has been posited to justif y
Israel's existence, namely, that Israel is legitimate because it exist s
in fact.50 Reliance is placed on the legal maxim uti possidetis, which
says that one owns what one possesses .51 But the international corn-


92 1948 War and Establishment of Israel Israel as a Fact 93

munity has not followed such a rule . Rhodesia maintained a factua l
existence as an independent state 1965—8o but was deemed illegiti-
mate since its government denied self-determination to a segment o f
the population ." Title to territory can be established by long-standin g
possession, a doctrine known as acquisitive prescription. But the pos-
session must be peaceful and unchallenged . It does not apply "wher e
possession has been maintained by force in the face of persistent an d
violent opposition .i55 A U.S . claim of acquisitive prescription to th e
Chamizal tract, long in dispute between it and Mexico, was denie d
by an arbitration panel because the possession had not been "undis-
turbed, uninterrupted, and unchallenged ." Mexico had "constantl y
challenged and questioned" U.S. control .54 In the Palestine case th e
possession has been persistently challenged both by neighboring state s
and by the Palestine Arabs .
stice agreements stated that the lines were not international borders!'
]Many specified that Israel's borders were undetermined ." For opera-
tional purposes, however, they regarded the territory on the Israel i
side of the armistice lines as Israel's . 63
States recognizing Israel did not recognize Israeli sovereignty ove r
west Jerusalem .64 They typically cited uN resolutions proposing a n
international status for Jerusalem .' In December 1949 the General
Assembly recommended placing Jerusalem under a "permanent in-
ternational regime," supervised by the Trusteeship Council .f6 But
the Knesset soon declared west Jerusalem Israel's capital . 67 Few
states located embassies there, however, and Tel Aviv remained th e
effective capital.6s

Israel's factual existence did not make clear the extent of its territory.
While the Jewish Agency declared statehood within the borders pro -
posed for a Jewish state in Resolution 181, 55 the provisional govern-
ment of Israel asserted that the resolution's rejection by the Ara b
Higher Committee and the military intervention by the Arab state s
freed it of that limitation . When Transjordan cited the resolution in a
discussion over borders in May 1949, Foreign Minister Shertok tol d
Transjordan that Resolution 181 had no legal force since the resolu-
tion had assumed the two parties would voluntarily establish their
states .56 With respect to the territory it took outside that designate d
for a Jewish state in Resolution 181, Israel claimed it acted in self -
defense against the Arab states and filled a "sovereignty vacuum '
there .57 That position is dubious, however, since Israel's claim to self-
defense was weak .'s And even acting in self-defense, a state does no t
have the right to territory it occupies while repelling the attack, sinc e
self-defense is justifiable only as self-protection .59
In October 1949 Israel told the United Nations that it "asserts it s
title to the territory over which its authority is actually recognized,"
by which it presumably meant the territory within the 1949 armi-
stice lines . "Although some of the invading Arab armies still stan d
on the soil of Palestine," it stated, "Israel is not advancing any fur-
ther territorial claims . But of the territory now constituting the Stat e
of Israel, there can be no cession .i60 This claim to the territory o n
Israel's side of the armistice lines is doubtful, however, since the armi -
Part Three

The Status of Arabs

in Israel
12
The Real Conquest:

the Repopulation of Palestine

And he gathered them together into a place called in th e

Hebrew tongue Armageddon .—Holy Bible, Revelation 16 : r 6

The armistice line was not well patrolled, and some Arab refugee s
returned clandestinely.' The government of Israel called the m
"infiltrators," and the Knesset passed a law against "infiltration .i2
The authorities reexpelled those it found, and in some cases thes e
were substantial groups .3 Internal refugees as well tried to return t o
their villages, and the IDF tried to stop them .4 It expelled many inter-
nal refugees by trucking them to the armistice line and forcing the m
to cross .' In some cases it cited security considerations, particularl y
in expelling persons living near the armistice line, while in othe r
cases it cited the need to make room for Jewish immigrants .`'
Much of this expulsion was from the Galilee, the largest con-
centration of Arabs inside the armistice lines .' In February 1949 the
IDF expelled 700 internal refugees from the Galilee town of Kfar Yasif .s

It also expelled half the inhabitants of Kfar Anan village, 9 the adul t
males of Gish village, 10 and the inhabitants of Hisam, Qatia, and
Eauneh villages ." In August it expelled several thousand Arabs fro m
Baqa el Gharbiya, a village in the Little Triangle area Transjordan ha d
ceded to Israel in their armistice agreement . 12 In November it expelle d
Soo Arabs from Galilee and 15o Bedouin Arabs from the Beersheeba
area.13
In August 1950 the IDF expelled the 14,000 remaining inhabi-
tants of Majdal, who were the last substantial Arab population o n
Israel's southern coast . It trucked them to the Gaza border over a
t hree-week period and forced them to cross . The government then
renamed the town by its ancient name of Ashkelon 14 and moved
Jewish immigrants into it .15 The ministry of defense had decided

98 The Status of Arabs in Israel
that removing the Arabs from Majdal and repopulating it with Jew s
would be "desirable from the security viewpoint .i16 In February 19 5
the IDF forced the inhabitants of thirteen Arab villages in Wadi Ar a
(Little Triangle area) into the West Bank . ' ' On November 17, 1951, i t
expelled the inhabitants of the village of Buwaishat, dynamiting thei r
homes.' 8 In 1951 the IDF also expelled large numbers of individua l
Arabs from the Galilee, typically forcing male heads of families o r
eldest sons to cross into the West Bank . 19 The IDF continued collec-
tive expulsions of villagers in the Galilee over the next two years .2 ° In
September 1953 the IDF expelled the residents and dynamited th e
houses of the villages of Um-el-Faraj 2l and Biram . 22 It also force d
thousands of Bedouin Arabs in the Negev Desert beyond the armi-
stice lines . 23
The expulsion of Palestine's Arabs opened the possibility of creat-
ing a Jewish state . But still it was necessary to bring Jews there . In
1948 the government of Israel formulated plans to recruit severa l
hundred thousand Jews from Europe and the Middle East ." Th e
immigrants, editorialized the Economist, would "take the place o f
the outgoing Arabs .i25 Ben-Gurion said that immigration was in -
tended to "save Jews from destruction .i26 But the government wa s
concerned more about creating a Jewish-populated state and abou t
its military potential.27 The "real reason" for immigration drives, th e
U.S . ambassador, lames G . McDonald, quoted Israeli officials a s
saying, was that Israel was "underpopulated and surrounded b y
actual and potential enemies ." Israel "must be filled up as rapidly a s
possible ."28 It controlled "large conquered but unoccupied space s
from which the Arabs of Palestine had been evicted," and it feare d
"the Arabs would never forget and never forgive the wrongs done t o
them until justice was done .i29 Only an implantation of a Jewis h
population could protect the territory.30 It would also make it les s
likely Israel could be pressured into permitting a return of the Ara b
refugees . 31
Despite his statement about saving Jews, Ben-Gurion voiced a
security rationale for immigration . "We have conquered territories ,
but without settlements they have no decisive value . Settlement . .
is the real conquest ."32 Israel needed "mass immigration in swif t
tempo ." He said that "nothing is as forceful for security as intensify -
ing immigration .i33 Without immigrants, he declared, Israel could
Repopulation of Palestine 99
not "last for long . "'34 The Soviet Union and its Eastern European allie s
freely permitted Jewish emigration for Israel from 1948 to 1950 to
provide recruits for the IDF . 35
Immigration also provided a justification for Jewish statehood .
The "ingathering of the exiles" was the rationale for a Jewish stat e
in Zionist ideology. 36 A state of "seven hundred thousand Jews," sai d
Ben-Gurion, referring to the Jewish population in Palestine at th e
time, "cannot be the climax of a vigil kept unbroken through th e
generations and down the patient centuries ." Even if "unperturbe d
by external dangers, so empty a State would be little justified, fo r
it would not change the destiny of Jewry, or fulfill our histori c
covenant.i37
The government hoped to bring in European Jews liberated from Naz i
concentration camps .'; ' The Zionist underground in Eastern Europ e
encouraged Jews to migrate to Palestine . 39 But when Britain's with-
drawal in 1948 ended the limits on Jewish immigration to Palestine ,
no large influx resulted . Even though the Eastern European govern-
ments did not impede emigration, few Eastern European Jews wen t
to Israel .40 A study published in 1948 concluded that 8o percent o f
the displaced Jews wanted to emigrate to the United States .4 1
Ben-Gurion said that Israel had room for all of Eastern Europe's 3
million Jews .42 The government made great efforts to encourage Jew s
in Eastern Europe to migrate to Israel . Its immigration agent in Roma -
nia reported in 1950 : "Working through the local leadership and ever y
reliable Jew we have met, we are urging the Jews to make applica-
tions for emigration and for passports .i43 Agents tried to get emigrat-
ing Jews to Israel . In Poland Israeli officials would "send the peopl e
directly to the port, so they would not be able to stop en route, "
reported Samuel Eliashiv, Israel's ambassador to Czechoslovakia .44
Israel's consul in Warsaw, Israel Carmel, found that persuasion wa s
difficult . "The awakening of the Jews of Poland will not happen by
itself," he reported in 1949 . "They must be motivated and organized " 4s
The government also recruited Jews from Arab states .46 It sen t
agents to convince Jews to immigrate to Israel. There too it did not
meet a ready reception . The Jewish Agency had operatives in Ara b
states during the early 19405 to encourage Jews to move to Palestine ,
but few had done so . Jews had, to be sure, occupied a subordinat e
status in the Arab world, though the situation varied from country to

100 The Status of Arabs in Israel
country. Jews did not experience in the Arab world the enmity the y
found in Europe .' "For many centuries," according to Henry A .
Byroade, assistant secretary of state for Near Eastern, South Asian ,
and African affairs of the U.S . Department of State, "Jews and Arab s
lived side by side in the Middle East in relative harmony.i48 In som e
Arab countries, like Iraq, Jews occupied positions of wealth and polit -
ical power that put them well above the average person . In Yemen, o n
the other hand, many Jews were quite poor . 49
Mob attacks on Jewish quarters took place in several Arab coun-
tries in 1947 after the General Assembly vote on Resolution 181 .' 0
These were motivated by the perceived injustice of the Resolution .
In Damascus mobs attacked not only Jewish quarters but institu-
tions they perceived as responsible for Resolution 181, includin g
the U .S . and French legations and the Syrian Communist Part y
headquarters .51 In early 1948, as military confrontation became likely;
Arab states grew suspicious of Jews who supported Zionism an d
restricted them in various ways . 52 The expulsion of Palestine Arab s
in 1948 created resentment in the Arab world, particularly as th e
refugees went to Arab countries and recounted what had occurred to
them . With the Jewish Agency purporting to be carrying out its pol-
icy in the name of world Jewry, some of this resentment was directe d
against the indigenous Jewish populations in the Arab states .53 The
Arab League issued a statement February 9, 1948, in which the mem -
ber states agreed to suppress anti-Jewish activity in their countries .'
But mob attacks against Jews took place, and governments under -
took discriminatory administrative and legislative measures of vari-
ous kinds. Still, the Jews of the Arab world did not flock to Israel .
Zionism had made little headway there before 1948, and even afte r
1948 the reaction was mixed . Even those who approved of Zionis m
did not necessarily want to migrate to Israel . For most Arab-stat e
Jews, migration to an unknown situation in a newly established coun -
try was riskier than staying where they were . Further, they heard
stories of discrimination in Israel by European Jews against Arab -
state Jews .
The recruiters, who were associated with the Israeli intelligence
agency Mossad, were active in Arab states and encouraged Jews t o
immigrate to Israel . Both Arab and Western states expressed conce rn
that Israel's recruiters artificially generated a desire for immigratio n
to Israel . In Yemen, in 1949-50, Israeli agents organized the depar -
Repopulation of Palestine 10 1
tune for Israel of almost all indigenous Jews . They told the Yemen i
Jews, most of whom were deeply religious, that the third kingdom o f
Israel had arrived . En route to Israel, the Yemeni Jews reportedly san g
(referring to Ben-Gurion) "David, David, king of Israel!" 55
In Iraq most of the country's Jews migrated to Israel in 1950— 51 .
Israel organized in Iraq an underground group called the Movemen t
to promote migration of Iraqi Jews to Israel . To frighten Iraqi Jew s
into departing, the Movement set off a series of bombs in Baghdad ,
including one at a synagogue, killing a number of Jews in the pro-
cess . 56 The Movement distributed leaflets urging Jews to flee t o
Israel .57 Israel denied setting the bombs, for which two members o f
the underground were convicted by an Iraqi court . But after one such
bombing, leaflets referring to it and urging Jews to leave for Israe l
were distributed within hours, suggesting they had been printed prio r
to the bombing . SB Wilbur Crane Eveland, a U.S . Central Intelligence
Agency officer who was in Baghdad at the time, concluded that th e
Movement had set the bombs, as did resident British officials . 59
While Israel denied responsibility for the bombings, 60 its role wa s
later indirectly acknowledged after Israeli agents set bombs in Cairo,
making it appear that the act had been done by Arabs . The defens e
minister said this tactic had first been tried in Iraq .61
The assistant secretary of state for Near Eastern, South Asian ,
and African affairs in the U.S: Department of State, George McGhee ,
criticized Israel for its Iraq operation. "It was one thing to take Jews
from all over the world who were in distress ; he said, "but it was
another matter entirely to attempt to create circumstances whic h
would stimulate immigration of Jews from areas where they wer e
living in peace ."62 When Israel undertook a campaign to get Irania n
Jews to immigrate to Israel, the director of the office of Near Easter n
affairs in the U.S . Department of State, G . Lewis Jones, told Tedd y
Kollek, of Israel's embassy in Washington, that the United State s
" would not favor a deliberately generated exodus there," as he put it ,
" along the lines of the ingathering from Iraq ." Kollek justified Israel's
Iraq operation as beneficial for Iraq, stating it was "better for a coun-
try to be homogeneous.i6'; In Yemen and Iraq, Israeli agents arrange d
tra nsportation for the Jews to ensure their destination would be Israel .
This was a major problem for Israel since, of Jews leaving Arab state s
at this period, many went to countries other than Israel . 6 4
By 1951, 684,000 Jews entered Israel as immigrants, more than

102 The Status of Arabs in Israel
doubling the previous Jewish population of Palestine . Half came fro m
Europe, including roo,000 from displaced person camps in Germany,
Austria, Italy, and Cyprus . The other half came from Arab countrie s ,
mainly Yemen, Iraq, Morocco, and Algeria . 65 The government of Israe l
portrayed the influx of Jews from Arab states as a product of persecu -
tion . "Parallel to the exodus of half a million Arabs from Israeli terri -
tory, 700,000 Jews fled Arab countries due to repression and persecu -
tion of all kinds, emigrating to Israel ." It depicted it as "a kind o f
exchange of population ." 66
In 1952 the Knesset wrote the policy of promoting mass immi-
gration into legislation : "The mission of gathering in the exiles, which
is the central task of the State of Israel and the Zionist Movement i n
our days, requires constant efforts by the Jewish people in the Dias-
pora; the State of Israel, therefore, expects the cooperation of all Jew s
as individuals and groups, in building up the State and assisting th e
immigration to it of the masses of the people .i67
In Morocco, Israeli agents went from house to house in poo r
Jewish quarters warning of anti-Semitism that would follow the antic -
ipated independence of Morocco from France . There were, in fact ,
acts of violence against Jews during that period in Morocco . As i n
Iraq, a clandestine Zionist organization was established as an "under -
ground railroad" for potential emigrants . Of Jews emigrating from
Morocco at that time, the well-to-do predominantly chose Europe ,
while the less affluent predominantly chose Israel . 68 The Morocca n
interior minister said that Moroccan Jews "were driven to Israel b y
the fear psychosis" spread by these agents .69 About 30,000 emigrate d
to Israel . The repression in Morocco did not materialize, and in Israe l
these immigrants encountered discrimination from European Jews .'0
About 5,500 returned to Morocco ."
The government gave itself broad legal authority to govern the Arabs ,
whom Ben-Gurion called a "potential fifth column .i72 The Knesset
adopted legislation putting into effect the Defense (Emergency) Reg-
ulations that Britain had enacted for Palestine in 1937 . 73 The regula -
tions gave the government the power to expel a person, 74 to detain a
person indefinitely without trial, 75 to restrict a person's movement, '
and to restrict travel into or out of any area declared closed . 77 They
permitted the censoring and suppression of newspapers," the ban -
ning of organizations, 79 and a broad ban on speech by making it an
Repopulation of Palestine 103
offense to try to influence public opinion in a manner likely to preju-
dice public safety, or to possess written material of such content .'
They also permitted curfews on towns and the demolition of house s
inhabited by persons accused of offenses ."'
The regulations were considered to be in force under a statut e
the Knesset adopted to retain in force all enactments Britain ha d
used in Palestine. The statute read : "The law which existed in Pales -
tine on 14th May, 1948 shall remain in force!'" But just before it s
departure, the British government had repealed certain laws, includ-
ing the Defense (Emergency) Regulations . On May 12, 1948, it issue d
an Order in Council that repealed "Orders in Council specified in th e
Schedule to this Order . . . to the extent specified in the second col-
umn of the Schedule." The schedule included the Palestine (Defence )
Order in Council 1937 (the original enactment of the 1945 regula-
tions), and the second column specifies "the whole Order." The May
12 Order in Council by its terms came into force at midnight Ma y
13– 14 A3 The British government later confirmed that the 1948 Orde r
in Council repealed the regulations ."4 Thus, the regulations were no t
in force on May 14, 1948, and, therefore, were not covered by th e
statute preserving the British law in force .
The government of Israel understood that Britain had repealed
the regulations . This is evident from its effort in 1949 to remedy the
defect . In that year the Knesset adopted the Law and Administratio n
Ordinance (Amendment) Law in which it construed Article 11 of the
ordinance to exclude "unpublished laws"—which it defined as law s
adopted between November 29, 1947, and May 15, 1948—which were
not published in the Palestine Gazette, despite being a law of a cate-
gory whose publication was "obligatory or customary .i85 The Order
in Council repealing the regulations had not been published by May
I S, 1 948, and was, therefore, rendered of no effect by this amend-
ment . Under British law, however, the Order in Council was effective
to render the regulations void on May 14, 1948 . 86
The regulations were by their terms in force only during a
government-declared emergency, so the Knesset authorized the gov-
ernment to declare an emergency in Israel" 7 —which it did—an d
which it has continued in force ever since . Haim Cohn, as attorne y
general in 1950, proposed repeal of the regulations . He reported tha t
o ther government officials "decided it was better to have this sort o f
regulation in a British law than in an Israeli one .'" The government


104 The Status of Arabs in Israel

13
used the Defense (Emergency) Regulations almost exclusively agains t
The Present Are Absent :
Arabs .R9 In a 1959 report Israel's state controller criticized this selec-
tive application .90 He said there was "something improper abou t The Fate of the Arabs' Lan d
this law, which was drafted with the intention of its being applicabl e
to all the inhabitants of the country, whereas in fact it is only enforce d
against some of them.i91

Enter not houses other than

Your own, until ye have
Asked permission and saluted
those in them .
—Holy Quran, xxiv, 27

The provisional government used the Arabs' land, dwellings, and pos -
sessions for its Jewish population, and primarily for recent immi-
grants . Ben-Gurion ordered that abandoned Arab housing be allo-
cated to Jews .' By April 1949, he reported to the Knesset, th e
government had settled 150,000 Jews in Arab housing .' In Jerusale m
the government gave the better Arab houses to government officials .'
In Jaffa many Jewish immigrants occupied Arab housing before the
government could organize the process.'
The government also took housing from Arabs who remaine d
inside the armistice lines . In Haifa in July 1948 the IDF forced out
Arab residents of the Carmel ridge area to make room for Jews . 5 It
forced Arabs from their homes in Acre, into what became an Ara b
ghetto .' Many "internal refugees" tried to return to their homes . Their
land, like that of the Arab "external refugees," was considered "absen -
tee" property and was controlled by the custodian of absentee prop-
erty, who rented it to Jews—the rent money going to the government .'
Many internal refugees had no housing, living in tin shacks or buria l
caves .' As late as 1958, 20,000 internal refugees lived in makeshift
housing near Arab towns .' Nazareth, which received many interna l
refugees in 1948, still had three refugee neighborhoods in substan-
dard housing in the 198os . 10
The expelled inhabitants of Ikrit and Biram, two Galilean vil-
l ages, sued in court for the right to return to their villages, whose

106 The Status of Arabs in Israel
lands had been distributed to kibbutzim (Jewish agricultural collec-
tives ." In 1951 the Ikrit villagers obtained a return order from th e
Supreme Court to the minister of defense .12 The minister refused ,
and the IDF demolished Ikrit . 13 The Biram villagers also sued, but i n
1 953, while their case was pending, the MF sent airplanes that bombe d
all of Biram's buildings, leveling the entire village . The kibbutzi m
kept the land . 14 Ben-Gurion explained that "these are not the onl y
villagers living a long way from their home villages . We do not wan t
to create a precedent for the repatriation of refugees .."' The govern-
ment had closed Ikrit and Biram under the 1949 Emergency Regula-
tions Law 16 In 1963 and again in 1972 it extended the closure orde r
under the Defense (Emergency) Regulations . 17 In 1981 the Ikrit vil-
lagers again petitioned the Supreme Court ; the court cited Ikrit' s
proximity to Lebanon and said that security considerations still war -
ranted their exclusion .'x The villagers continued unsuccessfully t o
petition the government, 19 and expelled residents of other village s
did so as well, also with no success . '- °
The Defense (Emergency) Regulations provided a full set of regula-
tions for martial law rule, and the government imposed martial law 21
It did so by declaring Arab-populated sectors to be "closed areas "
under Article 125 of the regulations . 22 It established three martial -
law zones—the northern area (which encompassed the Galilee), th e
central area (which encompassed the so-called Little Triangle areal ,
and the Beersheba area (Negev Desert) .23 About 85 percent of the
Arabs inside the armistice lines inhabited these three zones .24 The
only substantial numbers of Arabs not included were those in pre -
dominantly Jewish urban areas .'-'
The military government instituted a nighttime curfew 26 and a
permit requirement for travel .27 The military government divided th e
Galilee into fifty-eight sectors for travel purposes . This meant, i n
effect, that any travel outside an Arab's home village required a
permit .2s To obtain a pass, an Arab applied to a military office, ofte n
waiting hours in a queue . 29 On the roads the rnF set up checkpoint s
and inspected Arabs for their passes . It fined or imprisoned Arab s
found without a pass, or with an expired pass, or on a route differen t
from that prescribed in the pass .30 The military government require d
a permit not only for short-term travel but for a change of residence .
An Arab who resided in a locality without permission might be
Fate of the Arabs' Land 10 7
evicted, with confiscation of property. One observer, analogizing t o
South Africa, called the system one of "bantustans .."3 1
Arabs had to carry identity papers, and soldiers on occasion force d
large numbers of Arabs out of their houses for identity checks . Sol-
diers would typically gather a group of residents in an open fiel d
where they might keep them—men, women, and children—for a
number of hours without food, drink, or toilet facilities . 32 The author-
ities frequently denied travel permits Arab farmers needed to tak e
their produce to traditional market towns . This forced them to sel l
in their home village to Jewish merchants who could travel withou t
a pass . The Arab farmer would receive only a fraction of the value o f
the produce . "
Arabs could not approach government ministries with grievances ,
as only military authorities had jurisdiction over them.' To chal-
lenge an order of the military government, Arabs had to go to a mili-
tary court, as the civilian courts did not have jurisdiction to hear
their petitions .'' Avnery called the martial law over Israel's Arabs " a
colonial regime enforced by colonial law i36
The Jewish National Fund continued to purchase land from Arab s
after 1948, 3 ' but these purchases lost their significance because the
government began to confiscate large tracts .3ri The Knesset in 194 9
enacted the Emergency Land Requisition (Regulation) Law, whic h
authorized expropriation "for the defense of the State, public secu-
rity, the maintenance of essential supplies or essential public ser-
vices, the absorption of immigrants or the rehabilitation of ex-soldier s
or war invalids .i39 Another 1949 law permitted the minister of agri-
culture to take control of "waste" (uncultivated) land .40 The land of
Arab refugees could be seized as "waste" land .
The Absentees' Property Law, adopted in 1950, permitted confis -
cation of the land of a person deemed an "absentee ." It defined "absen -
tee" to include any Palestinian who in 1948 left the land to go either
to another state or to an area of Palestine held by Arab League forces .4 1
The original draft of the Absentees' Property Law would have define d
as absentees only those who remained outside the 1949 armistice
lines, but as enacted it not only meant that absent external refugee s
but internal refugees and returning external refugees were deeme d
" absentees.i42 Forbidden to return to their homes even though the y
were living in Israel, they were referred to as "present absentees ."'

108 The Status of Arabs in Israel
The requirement of having left the land was construed to mean leav-
ing for even a short period . As a result, land was confiscated fro m
Arabs living on their land but who may have been absent for a fe w
days during the fighting . The military government used Arab infor-
mants, of whom it cultivated a substantial number, to notify it wha t
Arabs, though living on their land, might be deemed absentees, s o
their land could be confiscated . 44
The Absentees' Property Law was implemented only agains t
Arabs . 45 Because of the breadth of the definition of absentee, som e
Jews would have qualified, but the government did not invoke th e
law against them . 46 The government gave most of the land i t
confiscated as absentee to Jewish farmers . According to Mordecha i
Schattner, custodian of absentee property, between 1948 and 195 3
the government established 370 new Jewish settlements, 350 of the m
on land it confiscated as "absentee .jg7
The custodian's office received complaints from absentees wh o
"see their property in the hands of others and can't bear it ." Som e
absentees offered exorbitant rents to lease back their own land . But
the policy was to refuse them, for fear of difficulty in getting them t o
vacate . Thousands of Jewish settlers had occupied these lands . 4 8
The Absentees' Property Law permitted confiscation but did no t
give the government title to the land seized . In 1953 the Knesset
adopted the Land Acquisition (Validation of Acts and Compensa-
tion) Law, 49 which gave the government title to the land it ha d
confiscated as "absentee .i50 Arabs protested the law, as it sought t o
bring finality to the land seizures .51 It was condemned by the philos-
opher Martin Buber as bringing about a "robbery of the land" of Pal-
estine's Arabs .S2 It provided for compensation, but most Arabs refused
it, preferring to preserve their claim to the land. 53 The rate of com-
pensation offered was sufficiently low that Prime Minister Mosh e
Sharett (formerly Moshe Shertok) called it "robbery i54
Article 125 of the Defense (Emergency) Regulations was also use d
to confiscate land . It permitted the closing of any area for securit y
purposes and expulsion of its inhabitants ." The government close d
substantial tracts under Article 125 and expelled their inhabitants .
Once the Arabs were gone, the minister of agriculture confiscate d
the land as "uncultivated!'" Shimon Peres, who later would be prim e
minister of Israel, said this use of Article 125 was not in fact security-
related but was "a direct continuation of the struggle for Jewish set-
tlement and Jewish immigration.i57
Fate of the Arabs' Land 109
The system of martial law, by restricting the Arabs' movement ,
helped the government take and control confiscated land . Ben-Gurio n
said "the military regime came into existence to protect the right of
Jewish settlement in all parts of the state .i58 One consequence of th e
system of travel passes was that it kept Arabs from reoccupying thei r
confiscated lands . 5 9
The government typically confiscated valley lands, leaving Arab s
with rocky hillsides .60 It took major tracts in the Little Triangle area ,
which came under its control by cession from Transjordan in 1949 .(1
The government confiscated water pumps in abandoned Arab orang e
groves and gave them to Jewish farmers . G2 Members of kibbutzi m
and moshavim in the Galilee took over flocks of cattle and sheep lef t
by departing Arabs . 6'3 The government confiscated over 85 percent of
the land of the Bedouin Palestinians of the Negev Desert 64 and con-
centrated the remaining Bedouins into small, largely uncultivabl e
areas .65 If an animal wandered off, a Bedouin might need a permit t o
look for it—a permit obtainable only by traveling to a military officia l
a considerable distance away. 66
Under a 1965 statute the government confiscated as absente e
the extensive Moslem charitable lands (waqf), much of which wa s
used for cultivation on a long-term basis .67 This statute provided fo r
the waqf land to be administered for charitable purposes by loca l
boards of trustees appointed by the government . 68 It was not clear o n
what theory these lands were considered absentee since even thoug h
many of the farmers had departed, the authority owning them ha d
not.G9
All land was confiscated from those Palestine Arabs who were refu-
gees beyond the 1949 armistice lines . Of the land belonging to Arab s
who remained, 65 percent was confiscated by the mid-195os . 70 Th e
value of the land taken from the Palestine Arabs was estimated a t
loo million Palestinian pounds.71 It included stone quarries, 10,00 0
acres of vineyards, 25,000 acres of citrus groves, ro,000 business estab -
li shments, 95 percent of what became Israel's olive groves, 72 and
50,00 0 apartments . 7-3 Of 859,000 Arabs who had lived within the ter-
ritory on Israel's side of the 1949 armistice lines, 684,000—by
Toynbee's estimate—lost homes and property. "
The government of Israel emptied about 400 Arab towns an d
v illages ." It demolished many of them and planted forests to eradi-
cate traces of habitation . 76 Defense Minister Moshe Dayan, referring
110 The Status of Arabs in Israel
to Zionist land acquisition both before and after 1948, said there wa s
not a single settlement in Israel "which was not built on the site of a
previous Arab settlement .'
The government continued in later years to confiscate Arab agri-
cultural land on a piecemeal basis . '8 In the Negev the governmen t
confiscated the land of 8,000 farmers in 1980 to construct a militar y
air base to replace evacuated airfields in the Sinai Peninsula .''
Confiscations in the Galilee led to organized citizen protests .80 The
government also continued to purchase land, particularly in th e
Galilee. 81 According to a Jewish Agency report on the Galilee, th e
fact that the population there was 70 percent Arab posed "a majo r
threat to the character of the area as part of the Jewish state, to Jew-
ish control thereof, and even to Israeli sovereignty over it ." The repor t
called for more Jewish settlements as "mini-lookouts" 82
14
Hewers of Wood :
Arab Commerce, Agriculture, and Labo r
What are kingdoms but great robberies ?
—St . Augustine -
In addition to their land, the Arabs of Palestine lost their economi c
infrastructure . The exodus of the Arab urban population in 194 8
destroyed their commercial-industrial base .' The government took
over fully equipped plants . In Ramleh it distributed boo shops t o
Jewish immigrants . In Lydda it seized 1,800 truckloads of property,
including a button factory, a carbonated drinks plant, a sausage fac-
tory, an ice plant, a textile plant, a macaroni factory, 7,000 retail shops ,
500 workshops, and 1,00o warehouses . It confiscated cabinetmaking
shops, locksmith works, turneries, ironworks, and tinworks, whic h
it then leased or sold to Jews . Some of the Arab property was appro-
priated privately by what became a class of newly prosperous mer-
chants and speculators?. The UN Palestine Conciliation Commission
tried unsuccessfully to work out a monetary compensation syste m
for Arabs whose property had been taken .3
The government sequestered as "enemy property" the ban k
accounts of expelled Arabs, saying it would release them only if th e
Arab states made peace with Israel .' Under a program worked out by
the UN Palestine Conciliation Commission, it returned a small per-
centage of these funds in the late 195os and early r96os .5
The Arabs were left with a few small towns and villages . Only
in the Galilee were towns and rural areas sufficiently contiguous to
allow economic interchange.' In Nazareth, the largest Arab-populate d
city following the 1948 war, tile and match factories were no longe r
viable .' The modest industrial potential that remained was erode d
by land confiscation . To found the Jewish town of Carmiel in th e
Galilee, the government confiscated quarries of high-quality marble

112 The Status of Arabs in Israel
that had provided a livelihood for hundreds of persons .' The armi-
stice line with Transjordan cut Arab manufacturers and merchant s
from their traditional connections in the territory that had become
the West Bank. The Arabs became dependent on the Jewish econom y
for industrial and consumer products .'
The government promoted economic development for the Jew-
ish sector but not for the Arab sector . 10 It used martial law powers t o
prevent the development of Arab industry. It denied Arabs permits t o
start businesses in areas closed to Arab habitation . The Israel Lan d
Authority denied a permit to an Arab to open a marble quarry i n
Carmiel, on grounds that the area was closed to non-Jews . "
The government did not make available to Arab entrepreneur s
the financial subsidies and loans it gave to Jews . 12 The ministry
of the interior allocated to Arab towns only a fraction of the fund-
ing it allotted to Jewish towns .''' Jewish towns received funds fro m
Zionist agencies abroad, but the government did not permit outsid e
funds to Arab towns .' 4 Industry could not develop in Arab town s
because the government did not fund sewage treatment, roads, o r
education . 15 The primary and secondary schools for Jews and Arabs ,
which were separate, showed "a marked disparity in quality," th e
U.S . Department of State said in a human rights report, because th e
government allocated greater resources per student into the Jewis h
system. '
Much industrial development was undertaken by the Histadrut ,
whose industrial arm, Koor Industries, Ltd ., advertised itself as "Isra-
el's largest industrial complex ."' Koor, which accounted for one -
fourth of Israel's industrial output, located no plants in Arab towns . "
In 1985 it made plans for the first time to begin investment in Ara b
areas but did not carry them through . 1 9
In the Encouragement of Capital Investments Law of 1959, th e
Knesset granted incentives for investment in areas designated by th e
ministers of finance and of industry and commerce as "developmen t
areas:'20 The two ministers designated forty Jewish-populated areas a s
development areas .21 However, they did not give that designation t o
any Arab localities, even the most economically depressed .22 Th e
government used the development area designation in particular t o
provide a livelihood for Jewish immigrants and to place Jews along
Israel's borders as a security measure .23
Arab Commerce, Agriculture, Labor 11 3
Through market and price controls, the government prevented th e
modest Arab agriculture that survived the land confiscations fro m
i competing with Jewish agriculture .24 Government purchasing agen-
cies paid more to Jewish farmers than to Arab farmers for simila r
products.25 By statute the government marketing boards that set price s
included representatives of the World Zionist Organization and Jew-
ish Agency, which are dedicated to promoting the welfare of Jews .2r'
Thus, the Knesset called for World Zionist Organization and Jewis h
Agency participation on the Peanut Production and Marketin g
Board, 27 the Vegetable Production and Marketing Board, 2' the Egg
and Poultry Board , 29 and the Fruit Production and Marketing Board . 3o
A tobacco-purchasing agency (Alei Tabak) was established, owne d
jointly by the Jewish Agency, the Jewish National Fund, and the gov -
ernment . It was given a monopoly in tobacco purchasing and market -
ing31 and bought tobacco from Jewish growers at a price higher tha n
that at which Arab farmers could sell—a lower price set by the gov-
ernment.32 The Agency" and Histadrut" provided financial assist-
ance to kibbutzim or moshavim, but not to Arab farmers . Arab farm-
ers were, and still are, excluded from membership in kibbutzim an d
moshavim . 35
By the 1959 Water Law the Knesset declared all water in Israe l
"public property" and authorized the minister of agriculture to des-
ignate "rationing areas .i3C' The minister's Water (Use of Water i n
Rationing Areas) Regulation of 1976 rationed water in the entir e
country.37 The regulation gave Arabs only 2 percent of the water allot -
ted for agriculture,';' though they farmed 20 percent of the culti-
vated land, half of it in the arid Negev Desert .39 The rationing sys-
tem deprived Arab farmers of water they needed to compete wit h
Jewish agriculture .40
The national water authority, Mekorot, manages Israel's water, a
scarce and critical resource . Mekorot was founded in 1937 by the
Jewish National Fund, the Jewish Agency, and a subsidiary company
of the Histadrut, to supply water to Jewish settlements, 41 and under
the Water Law it is owned jointly by the government and its thre e
fo unders .42 In the Water Law the Knesset also created a Water Boar d
under the ministry of agriculture to oversee water use in agricultur e
and placed on the board a representative of the World Zionis t
Organization.' Mekorot did not supply to Arab agriculture even the

114 The Status of Arabs in Israel
small amount to which it was entitled under the minister's regula-
tions .44 Control of water by the Zionist institutions has been calle d
one of the "legal structures of apartheid "45
Arab labor experienced a radical transformation after 1948 . Land
confiscation deprived Arabs of the agriculture that had been thei r
mainstay.46 As a result, Arab farmers were forced into wage employ-
ment in the Jewish economy, 47 and so the government created labo r
exchanges to put Arabs into jobs .4s A pattern developed of Arabs com -
muting from their home areas to jobs in Jewish areas .' Arab vil-
lages became bedroom communities .5° The Arab village of Taibe, fo r
example, had 4,900 inhabitants and 8,25o acres of land in 1949 . By
1976 it had 15,000 inhabitants but only 4,750 acres of land, the declin e
resulting from confiscation . In 1949 one-half of the population wa s
employed in agriculture—in 1976, only ro percent . The displace d
farmers worked in the Jewish sector in construction, agriculture, o r
food service ." Through land confiscations the Little Triangle, whic h
had been a major agricultural area, became fully dependent on th e
Israeli economy." The few remaining members of a pre-1948 Ara b
trade union, the Arab Workers Congress, tried to reorganize, but th e
government arrested its leadership, thus effectively suppressing it .; ;
Military authorities used the pass system to control the flow o f
labor into the Jewish economy 54 In periods of unemployment in th e
Jewish economy the authorities withheld permits to protect Jewis h
jobs. 55 They initially issued permits valid for one day only, but as th e
need for Arab labor increased in the late 195OS they issued longer -
term permits .56 By the mid-196os the government no longer feare d
Arab labor but rather needed it . As a result, it ended martial law i n
1966 .57 It did so by issuing a general permit for citizens to enter an d
leave the "closed areas!'" It did not, however, revoke the orders declar -
ing the Arab areas "closed" and thereby maintained the legal struc-
ture for martial law. The Defense (Emergency) Regulations were
retained .
While Israel's legislation treated Arabs as workers the same a s
Jews in many respects, the labor laws discriminated against them i n
several ways . Under the 1963 Severance Pay Law, the Knesset mad e
workers employed for at least one year in the public or private sec -
tor eligible for severance pay if they were "dismissed" from thei r
employment ." It deemed a worker who resigned voluntarily to take
Arab Commerce, Agriculture, Labor 11 5
up residence in an "agricultural settlement" or "development area "
to have been "dismissed" and, therefore, to be entitled to severanc e
pay.60 The Severance Pay Law authorized the minister of labor to de -
fine "agricultural settlement" and "development area" for thes e
purposes .C1
By a 1964 regulation the minister of labor defined "developmen t
area" to include sixty Jewish-inhabited areas . He defined "agricul-
tural settlement" to mean either a kibbutz or moshav (both Jewish -
inhabited), or other settlement (yishuv), most of whose inhabitant s
are employed in agriculture .62 Since most workers in Arab towns ar e
employed in the Jewish sector this definition excludes Arab towns .
The effect of the regulation was that only a Jew could resign to tak e
up residence in one of the specified locations .
The Histadrut adopted a decision to admit Arabs in 1953 but di d
not implement the decision until r959 .6a This exclusion limited an
Arab's ability to gain employment .C4 In 1959 the Histadrut admitte d
Arabs as members—though it did not allow them to participate i n
Histadrut national elections until 1966 (5 —but even so Arabs have
not achieved a prominent role in the Histadrut .
The government permitted private employers to require IDF ser-
vice as a prerequisite for employment, and some prospective employ -
ers required prior mr service. G6 fnr itself excluded Arabs from many
jobs on security grounds, 6 ' as did the Histadrut, a major employer.
The Histadrut in one instance refused to hire Arab workers in a refrig -
erator plant because the plant was close to a factory producing mili-
tary communications equipment .6s Of boo managers operatin g
Histadrut firms, none to date is an Arab ."
Like government ministries, the Histadrut set up an "Arab affairs "
department for its Arab members after it began admitting Arabs, bu t
it then abolished this department in 1987 .7° In integrating Arabs int o
its general structure in 1987 the Histadrut established a division fo r
organization and labor councils to administer trade union councils .
It forbade Arab members to run for office on these councils, however ,
permitting them only to vote for Jewish candidates ."

15
The National Institutions : The
Legislation that Makes Israel Jewish
Good laws lead to the making of better ones ; had ones bring about worse .
—Jean-Jacques Rousseau, Social Contrac t
The state the Jewish Agency created in Palestine mirrors the Zionis t
philosophy. Signers of the Declaration of the Establishment of th e
State of Israel identified themselves as "representatives of the Jewis h
Community of Eretz-Israel and of the Zionist Movement ." The dec-
laration called Israel a "Jewish State" and thus defined it as such .' It s
mission was to be a state for world Jewry ."
The Knesset repeated this view of Israel in legislation . In a 195 2
law it declared that "Israel regards itself" as "the creation of the entir e
Jewish people! '" In a 1985 law it excluded from eligibility for Knesse t
membership any candidate who rejects "the existence of the State o f
Israel as the state of the Jewish people .i4 Also in 1985 the Knesse t
amended its rules for submission of legislation in order to prohibi t
the tabling of a bill that "negates the existence of the State of Israe l
as the state of the Jewish people ."' The government has referred t o
Israel as having a "Zionist character," " while the World Zionist Orga-
nization has called Israel the "supreme expression of the will of th e
Jewish nation for redemption ."'
The Jewish character of Israel was reflected as well in state sy m-
r ney General Haim Cohn said that in legislative drafting "specia l
bols . The 1949 Flag and Emblem Law used a Jewish symbol, the Sta
of David, in the state flag of Israel, $ thereby reflecting the "identifi -
cation between the new state and the Jewish people .."' The Flag and
Emblem Law used a Jewish candelabra, the menorah, as the stat e
emblem .1 " The menorah, which appears in the Talmud, evoked th e
memory of the destruction of the second temple by the Roma n
emperor Titus in A .D . 70 . Its use as Israel's emblem suggested "31
return of the Jews to political existence as an independent nation=
Legislation that Makes Israel Jewish 11 7
The national anthem adopted by the government was the Hatikvah ,
formerly the anthem of the Zionist movement . 12 Its words mention
return to "Zion and Jerusalem..i13 The Knesset titled Israel's immigra-
tion law the Law of Return, suggesting that Israel is a state to whic h
Jews are returning . 14 For Arabs, even those who are citizens of Israel ,
this legislation identifying Israel as Jewish indicates that they ar e
not part of the constituency whom the state represents ." The con-
cept of a Jewish state reflected in Israel's legislation made Arab s
"aliens in their own land ." They are not "wholly part of a natio n
conceived as a Jewish state ."1 6
The Knesset early on rejected proposals for an explicit legislativ e
provision that Jewish law would be applied in Israel .' In the stat e
courts of Israel, judges use Jewish religious law in construing Israel i
law. 's By statute the Knesset required a judge "faced with a legal ques -
tion" who "finds no answer to it in statute law or case-law or b y
analogy" to "decide it in the light of the principles of freedom, jus-
tice, equity and peace of Israel's heritage .."'y Since Israel is defined
legislatively as a Jewish state, "Israel's heritage" means Jewish heri-
tage, though there is disagreement whether this phrase refers to Jew-
ish law only or to concepts emanating from Jewish history.2" Accord-
ing to Supreme Court Justice Menachem Elon, "when Jewish law i s
cited in a civil court it has no religious import, but is simply a
reflection of our national history and culture .i21
While judges in Israel have made rulings that contradict Jewis h
law,22 they have frequently referred to it, for example, in determinin g
rules for the division of the property of a partnership" and in deter -
mining the validity of a deathbed will not properly witnessed ." The
Supreme Court has cited the Talmud as a source of the principle of
political tolerance.25
The Knesset uses Jewish law in formulating its statutes . Attor-
regard" is given to ancient Jewish law "Whenever our experts find i n
Jewish law a provision which we can adapt to the needs of our mod -
ern and progressive country, we give it priority over the provisions of
other law systems .i26 Referring to the declaration's definition of Israe l
as a Jewish state, Cohn said that legislators thereby "are told to loo k
to the ancient prophets for their orientation .i27 The ministry of jus-
tice established a Jewish law department to advise Knesset commit-
118 The Status of Arabs in Israe l
tees on the approach of Jewish law to pending bills .2" The drafters'
commentary on the Succession Law of 1952 indicated that the draft-
ers based their proposals "as far as possible upon Jewish Law, and in a
number of matters—and among them the more basic, such as main-
tenance out of the estate—we regard our proposals as a kind of con-
tinuation of Jewish Law i29 Describing a pending agency bill in 1964 ,
Minister of Justice Dov Joseph said that drafters would find " inspira-
tion" in the "rich legal sources of the Jewish people," and "so far a s
they find in these sources material appropriate for a modern statut e
book," they would "give it preference in language and content ove r
other approaches less just or practical .i30 In Knesset debate over pro -
posed laws members have frequently remarked over the correspon-
dence of provisions to Jewish law.31 The Chamber of Advocates La w
called on the chamber, which controls the practice of law in Israel, t o
do research in Jewish law.32 It did not mention any other body of la w
that the advocates should study.
In its legislation on rabbinical courts the Knesset gave them juris -
diction in marriage and divorce over all resident Jews, not only thos e
Jews who adhere to Judaism . "Matters of marriage and divorce o f
Jews in Israel, being nationals or residents of the State," the law said,
"shall be under the exclusive jurisdiction of rabbinical courts!'" Thi s
provision subjected all Jews to religious authority, whether or no t
they ascribed to Judaism . During the mandate period, rabbinica l
courts had jurisdiction over religious Jews only 34
A primary mechanism to assure the Jewish character of Israel wa s
the role given to the institutions that had built up the Jewish com-
munity in Palestine in the early twentieth century The Knesset gave
a key role in Israel's governmental scheme to the Zionist organiza-
tions, or "national institutions" as they are generally called .3s Afte r
Israel was established, the World Zionist Organization/Jewish Agenc y
continued to function as the political arm of the Zionist movemen t
to mobilize Jewish support worldwide for Israel . "The Zionist Orga-
nization," said Ben-Gurion, "is able to achieve what is beyond th e
power and competence of the State, and that is the advantage of th e
Zionist Organization over the State .i '"
In its 1952 World Zionist Organization/Jewish Agency (Status )
Law the Knesset declared the executive body of the World Zionis t
Organization, the Zionist Executive, to be a "juristic body" that "takes
Legislation that Makes Israel Jewish 11 9
care as before of immigration and directs absorption and settlemen t
projects in the State .i37 The specifics of its relationship with the gov-
ernment are treated in a covenant between it and the government ,
called for by Article 7 of the Status Law.3"
The Status Law made the Agency a partner of the government i n
the performance of many essential government services . For the state
of Israel, the World Zionist Organization and Jewish Agency provid e
a valuable legal mechanism . They disseminate the kind of informa-
tion normally disseminated by a government press office, but wit h
the appearance of objective information . They enter into relation s
with other organizations in host countries and thereby create good -
will for Israel . They maintain contact with Jewish communities o n
behalf of Israel but on a nominally unofficial basis .3 J
The national institutions allowed Israel to establish a worldwid e
fund-raising apparatus under the guise of charity. In a number of coun -
tries this yielded important financial benefits . In the United States ,
where substantial sums were collected for Israel, persons making con -
tributions were entitled to deduct these sums from their income fo r
taxation purposes . This was allowed on the rationale that the pur-
poses are charitable, whereas if contributions were made directly t o
the government of Israel no deduction would be allowed 4 0
The World Zionist Organization/Jewish Agency viewed itself a s
working for Israel . In a 1952 resolution it stated it operated "in the
interests of the State of Israel within the Diaspora . "41 It describe d
itself as "the representative of the Jewish people in all matters relat-
ing to organized participation of the Jews of the Diaspora in the devel -
opment and upbuilding of the country!'" Its functions included "orga-
nization of immigration, the transfer of immigrants and their propert y
to Eretz Israel, . . . absorption of immigrants," "agricultural settle-
ment," "acquisition and amelioration of land by the Jewish Nationa l
Fund," and "development projects .i43
In 1971 the World Zionist Organization/Jewish Agency split into
two organizations . The Jewish Agency took responsibility for activi-
ties in Israel—rural settlement, immigrant absorption, youth train-
ing, and, later, urban rehabilitation . The World Zionist Organizatio n
(wzo) became responsible for Zionist political activity and the pro -
motion of immigration to Israel from the West .44 Policy for the tw o
organizations is set by the World Zionist Congress .
Since the 1971 reorganization the Jewish Agency has been con-

120 The Status of Arabs in Israel
16
trolled equally by Jews in and outside Israel . 45 The 1971 reorganiza-
tion required amendment of the 1952 Status Law The amendmen t Holding the Soil :
states that the two bodies coordinate their activities with the gov-
Arab Access to Lan d
ernment through a government-wzo committee and a government –
Jewish Agency committee : "Two committees shall be set up for th e
coordination of activities between the Government and the Worl d
Zionist Organisation and the Jewish Agency for Israel .i46
Until 1968 the two organizations alone were responsible fo r
immigrant absorption, to the exclusion of the government . In tha t
year the government established a ministry of immigrant absorptio n
but the Jewish Agency—through its immigration and absorptio n Get off this estate .
department—works with the ministry 47 handling the bulk of th e What for?
task, administratively and financially. " Because it's mine.
The Agency is given other functions in legislation adopted by Where did you get it ?
the Knesset . The Agency nominates one member of the Nationa l From my father.
Board for Planning and Building, which oversees construction work .' Where did he get it ?
It nominates one member of the Committee for the Protection o f From his father.
Agricultural Land, which prevents encroachment on agricultura l And where did he get it ?
land.S° As already indicated, it has, by statute, a role on governmen- He fought for it .
Well, I'll fight you for it .
tal agricultural marketing boards and in operating Mekorot, the stat e —Carl Sandburg, The People, Yes
water authority.' Participation on these bodies involves the Agenc y
in decisionmaking for government agencies .
Like the World Zionist Organization/Jewish Agency the Jewish Na-
In 1977 the government announced an urban neighborhood im-
tional Fund continued to function after the establishment of Israel .
provement program called Project Renewal . It was to be undertake n
It continued to purchase land under statutory authority' The Fun d
jointly with the Agency, which was to raise the funds . Neighbor-
remained a subordinate body of the World Zionist Organization an d
hoods selected for renewal by the government and the Agency num- Jewish Agency. To define the Fund's role in Israel, the Knesset adopte d
bered about eighty and were all Jewish-inhabited . 52 One Arab neigh-
the Jewish National Fund Law The law recognized the creation of a
borhood sought participation but was denied on the ground that it s
new Jewish National Fund, which had by that time been incorpo-
Arab majority precluded Agency funding . The majority of the fund-
rated in Israel, "to continue the activities of the existing company,
ing for the project was contributed by the government rather than b y
which was founded and incorporated in the Diaspora ."" The new
the Agency, which meant that the Agency's restriction on fundin g
company held Fund land inside the 1949 armistice lines . The British-
directed the government's contribution to Jewish neighborhood s incorporated company continued to exist and to hold Fund lan d
only.53 In the late 198os, however, some Project Renewal funds wer e el sewhere.' The activities of the Israel-incorporated Fund were fur-
used in Arab neighborhoods . 54
ther defined in a 1961 "covenant" between the Fund and the govern -
ment of Israel .' The Keren Hayesod (Foundation Fund) was also incor -
p orated under Israeli law and was renamed "Keren Hayesod—Unite d
Israel Appeal . "6
The Fund describes its role as using "charitable funds" in ways

122 The Status of Arabs in Israel
"beneficial to persons of Jewish religion, race or origin . "' Its leader -
ship is appointed by the World Zionist Organization and its person-
nel are recruited from the Zionist movement .' While the Fund's prin-
cipal function involved land, it assumed a major role in road-buildin g ,
where it emphasized considerations of military strategy. In 1967 the
Fund would claim credit for facilitating Israel's military victory ove r
Jordan by building roads for use by tanks .'
The government owns 76 percent of the land within the 1 949
armistice lines, while the Jewish National Fund owns 16 percent .''
The U.S. Department of State cited this tenure system in a report o n
human rights in Israel, since it affects the right of Arabs to own an d
use land in Israel . "Title to 93 percent of the land in Israel is held b y
the State or quasi-public organizations in trust for the Jewish peo-
ple," the department stated. "According to law, anyone may purchas e
the remaining seven percent of privately-owned land through ordi-
nary commercial transactions .i11 Of the 7 percent, some is encum-
bered by deed clauses prohibiting sale to persons other than Jews,'-'
but Arabs own most of that 7 percent, or about 5 percent of the lan d
inside the armistice lines . 13 The government holds title to much o f
the Negev Desert, and the Fund holds so percent of the non-Nege v
land within the 1949 armistice lines, including most of Israel's prim e
agricultural land. 14
Once the state or Fund acquires land, either is prohibited fro m
alienating it. 15 By law, "the ownership of Israel lands, being the land s
in Israel of the State, the Development Authority or the Keren Kaye -
met Le-Israel [Fund], shall not be transferred either by sale or in an y
other manner.i16 The Fund's charter also prohibits it from alienating
land it owns ." Thus, land acquired by the state or Fund remains i n
perpetuity in the ownership of one or the other. In this way the la w
ensures the original Zionist goal of "redemption of the land ."
Most of the land held by the Fund and government is land confis -
cated from the Palestine Arabs . As a result of this legal prohibitio n
against land alienation, that land cannot be reacquired by them, eve n
by purchase . As explained by Abraham Granovsky, for many years th e
chairman of the board of the Fund, "a great rule was laid down, whic h
has a decisive and basic significance—that the property of absentee s
cannot be transferred in ownership to anyone but national publi c
institutions alone, namely, either the State itself, or the original Lan d
Institution of the Zionist Movement .""
Arab Access to Land 12 3
The Fund uses its land to advance Zionist goals . It leases lan d
for housing for Jews' and for kibbutzim, which accept only Jews as
members .20 The Fund's 1954 charter requires it to purchase land "fo r
the purpose of settling Jews on such lands" and to "make donations "
and to "promote the interests of the Jews ." '
The Fund's charter omits the provision of its 1907 charter pro-
hibiting the leasing of land to non-Jews . 22 The 1954 charter permits
the Fund to lease "on such terms and in such manner as it may dee m
fit," 23 but it specifies the Fund's objective as purchase of land "for th e
purpose of settling Jews .i24 The earlier proviso permitting leasing to
Jews only was omitted because "the undesirable impression migh t
be created of so-called racist restrictions," according to a Fund mem-
orandum. "Even without these explicit prohibitions," the memoran-
dum read, "the Fund Board of Directors will know how to administe r
the work of the institution in accordance with the explicit object a s
specified in the aforementioned clause which remains unchanged ." 25
The Fund, however, as before 1954, leases to Jews only 26 The Fund's
standard lease contract requires a lessee "to carry out the work relate d
to the cultivation of the Leasehold only and exclusively by Jews .i27
Arabs, therefore, are excluded from using or living on Fund land . 2s
Land owned by the Fund and by the state is administered by th e
Israel Lands Administration . 29 The administration's director i s
appointed by the government, after consultation with the Fund .30 Pol-
icy for the administration is set by the Israel Lands Council, estab-
lished in the same statute, and the government appoints the council :'
Under the 1961 "covenant" between the government and the Fund, i t
appointed six Fund representatives and seven government represen-
tatives .32 Only in rare cases has state land been leased to Arabs . 33
The covenant gave the Fund the exclusive right and obligatio n
for land reclamation and afforestation .34 Accomplished by the Fund's
Land Development Administration, this task includes land drainage ,
tree planting, and the opening of new border areas for settlement .35
The Fund's regulations limiting the use of land to Jews are applicabl e
to this state-owned land as well as to Fund-owned land .36
A 1973 Fund report indicated that the Knesset enacted the 196 0
land legislation after securing the Fund's agreement to it . It stated
that the legislation made the Fund's policies on land use into stat e
policy : "Following an agreement between the Government of Israel

124 The Status of Arabs in Israel
and the Keren Kayemeth Leisrael, the Knesset in 196o enacted th e
Basic Law : Israel Lands which gives legal effect to the ancient tradi-
tion of ownership of the land in perpetuity by the Jewish people . .
the principle on which the Keren Kayemeth Leisrael was founded .
The same law extended that principle to the hulk of Israel's Stat e
domains .i37 The Fund's power over state land means that its Zionis t
principles are government policy.35
Subleasing of Fund Land is also controlled . The Fund's charter pro-
vides that, once the Fund leases land, "no lessee shall be entitled t o
effect any sublease" without Fund approval .'39 Nevertheless, som e
lessees of Fund and state agricultural land sublet it to Arab farmer s
without approval .40 To prevent that, the Knesset in 1967 enacted th e
Agricultural Settlement Law, which prohibited subleasing or share -
cropping arrangements without the authorization of the minister o f
agriculture. 4i Avnery and an Arab Knesset member, Tawfiq Touhi ,
objected that the purpose was to prevent subleasing to Arabs .42 Fund
Director Shimon Ben-Shemesh confirmed Avnery and Toubi's suspi-
cion by arguing in favor of the law precisely because, he said, it wa s
necessary to keep Jewish lessees from subleasing Fund land to Arabs .'
As a sanction for unauthorized subleasing, the Agricultural Set-
tlement Law called for the payment of a fine or for the forfeiture o f
lease rights . 44 Land has been confiscated when sublet to Ara b
farmers .45 To ensure enforcement of the law, the director of the Gali-
lee office of the Jewish Agency's Settlement Department sent a notic e
in 1975 to the settlements it had established . The notice warned
that it is a violation of the law and of Settlement Department regula-
tions to lease state or Fund land to Arabs as sharecroppers, or to ren t
orchards to Arabs for picking and marketing of fruit . The departmen t
mentioned in the notice that in 1974 it had pressed legal charge s
against Jews who violated these regulations . "
Since the Fund promotes land use by Jews over Arabs, it contrib-
utes to the segmentation of Israeli society.47 This separationism i n
land use has been compared to land tenure in South Africa . Ther e
the sectors for blacks and whites are delineated and neither may pur -
chase land in the area of the other. South Africa's Native Land Act o f
1913 set aside 7 percent of the territory for the African populatio n
and prohibited them from acquiring land in the other 93 percent .
In 1936 the Native Trust and Land Act increased the land availabl e
Arab Access to Land 12 5
to Africans to 13 percent . 49 The South African law protects the 1 3
percent as African land, whereas Israel's legislation excludes the Arab s
from Fund and state land but does not exclude Jews from the Arabs '
land . In that respect, Israel's land tenure system is less favorable to
the Arabs than is South Africa's to the Africans .
The governmental character of the national institutions is reflecte d
in the fact that the Israel penal code deems an employee of the Worl d
Zionist Organization, the Jewish Agency, the Jewish National Fund ,
or the Keren Hayesod—United Israel Appeal as a "public servant" 50
in provisions on bribery, abuse of office, and impersonation or insul t
of a public servant ." Similarly, under the covenant between the Zion-
ist Executive and the government, the national institutions enjo y
immunity from taxation on the same basis as government agencie s
and have the power to issue administrative orders to carry out
investigations . "
The fact that the Knesset has given the national institution s
extensive governmental functions means that the Zionist doctrine i s
professed officially by the state .5'' The role of the national institu-
tions results in national discrimination because, as stated by Hebre w
University Professor David Kretzmer, "while entrusted with task s
which are par excellence tasks of a governmental nature, their man -
date restricts them to dealing with the Jewish sector of the Israel i
population ."J4 A Fund official acknowledged that "the Governmen t
would have to look after all citizens if they owned the land ; since th e
INF [Jewish National Fund] owns the land, let's be frank, we can serv e
just the Jewish people ." SS Another Fund official suggested all stat e
lands be transferred to the Fund so Arabs would not ask to use them . 56
The national institutions can discriminate in favor of Jews withou t
the state itself being seen as discriminating .57

17
The Law of Ingathering :
Nationality and Citizenship
Integration is to be avoided .
—Abba Eba n
Another area of Israeli legislation where differences between Jew s
and Arabs are found is nationality and citizenship . In the 1950 Law
of Return the Knesset gave "every few" a "right to come to thi s
country."' In the 1952 Nationality Law it conferred Israeli citizen -
ship automatically on a Jew who settles in Israel and who does no t
reject it . 2 The Nationality Law does not refer to any nationalit y
defined by the geographic borders of Israel .' This unrestricted righ t
of immigration for Jews is deemed a basic aspect of the concept of a
Jewish state.' Ben-Gurion said Israel "is not a Jewish State onl y
because Jews constitute a majority, but a State for Jews wherever the y
are, and for every Jew who wants to be here ." He characterized th e
Nationality Law as embodying "a central purpose of our state, th e
purpose of the ingathering of exiles ." 5
This philosophy drew criticism on the ground it was unfair to
the Palestine Arabs . Henry Byroade, U.S . assistant secretary of state
for Near Eastern, South Asian, and African affairs, criticized Israel i n
1 954 for regarding itself as a "headquarters" of "worldwide grouping s
of peoples of a particular religious faith who must have special right s
within and obligations to the Israeli state .i '
Which Jews Israel represents is not clear .' The signers of th e
Declaration of the Establishment of the State of Israel rejected a pro -
posal to amend the term "Jewish state" to "sovereign independen t
Jewish state" because they did not want to imply that the state wa s
independent of Jews outside Israel .' Thus, Israel purports to repre-
sent world Jewry In 1971 the Knesset broadened citizenship right s
for Jews by amending the Nationality Law to grant citizenship to any
Nationality and Citizenship 12 7
Jew abroad who expressed a desire to settle in Israel .' Its intent wa s
to grant citizenship to Soviet Jews who desired to settle in Israel . 1 0
Tawfiq Toubi criticized the amendment on the ground it separate d
citizenship from the territory of the state of Israel .' 1
Palestine Arabs displaced in 1948 have no right under Israeli law t o
return . The Nationality Law grants citizenship to a person who main -
tained continuous residence in Israel from May 14, 1948, to July 14 ,
1952, or who legally returned during that period if, in addition, th e
person registered as an inhabitant by March 1, 1952, under the 194 9
Registration of Inhabitants Ordinance . 12 This provision was intende d
to apply to Palestine Arabs l3 but it excludes from citizenship Arabs
who departed in 1948 unless they returned legally before July 14 ,
1952 . The government, however, permitted only a few to legally return .
The rationale for this exclusion was that Palestine Arabs wh o
departed in 1948 were disloyal . The legal advisor to the foreign min-
istry, using the government's version of the 1948 departure of Pales -
tine's Arabs, said it was a sign of "disloyalty towards the State o f
Israel" to have "participated in the Arab exodus from Palestine organ -
ized by the Arab leaders in 1948 ., 14
For Jews, proof of continuous residence from May 14, 1948, to
July 14, 1952, was not required by the Nationality Law, since any Je w
is automatically entitled to citizenship . In this way the law made a
clear distinction between Jew and Arab widely viewed as discrim-
inatory. ' s Of those Arabs who did not leave in 1948, many were unabl e
to prove continuous residence from May 14, 1948, to July 14, 1952 ,
and thus were refused citizenship . 16 A child born of such stateles s
parents was also stateless . In 1968 the Nationality Law was amende d
to grant citizenship to such a stateless child if the child applie d
between the ages of 18 and 21 and had not been convicted of a "secu -
rity offense" or been sentenced to a term of five or more years' impris -
onment after conviction on any offense ." In 198o it was amended
again to remove the restrictions of the original Nationality Law fo r
those Arab residents of Israel and to grant them citizenship as of tha t
time . t '
Even with the 1968 and 198o amendments, the law retains dis-
tinctions between Jew and Arab . The legal route for acquiring citi-
zenship is still governed by different legislation, since a Jew acquire s
citizenship by virtue of being a Jew, regardless of place of residence .'
128 The Status of Arabs in Israel
Further, the 1980 amendment grants citizenship only to those Arab s
who were citizens of Palestine in 1948 20 and who have necessar y
documents to prove so . 2 1
The United States characterized the Law of Return and Nation-
ality Law as conferring "an advantage on Jews in matters of immigra-
tion and citizenship ."22 Others have said the two laws establish a
"legal apartheid i23 and have compared them to racial categorizatio n
in South Africa .24 It has been argued in response that the two laws ,
while favoring Jews, do not discriminate against any particula r
nationality' and that it is not necessarily discriminatory to favo r
particular groups in granting citizenship .' Certain other states, it i s
pointed out, prefer members of ethnic groups in citizenship . 27 Huma n
rights norms permit ethnic preference in citizenship, "provided tha t
such provisions do not discriminate against any particular national-
ity.i28 These justifications are challenged on the basis that, while th e
two laws do not contain explicit discrimination against a particula r
nationality, the reality of their implementation in Israel is to dis-
criminate against the indigenous population, the Palestine Arabs .
Jews are said to form a "nation i29 because of a self-perception o f
commonality30 and a perception by others .31 Supreme Court Justic e
Moshe Silberg said that in view of "the exclusive status of the Jews
in the world" and of "the fact that we are always so different fro m
others," Jewry must be considered "as a people or nation .i32 It i s
objected by others that the link among Jews is religion, not "nation -
hood!'" The government and Supreme Court of Israel both view Jew-
ishness as something other than birth as a Jew, because they con-
sider that a Jew who opts for a religion other than Judaism is not a
Jew For instance, a Jew who had converted to Catholicism applied
for citizenship under the Law of Return . The ministry of the interio r
refused on the ground of his Catholicism, 34 and the Supreme Cour t
upheld the refusal, Judge Silberg stating that "a Jew who has becom e
a Christian is not deemed a Jew i35 Judge Zvi Berenson quoted a state-
ment made at the United Nations on behalf of the Jewish Agency b y
Moshe Sharett, later a prime minister of Israel . Sharett said that to
be a Jew "it is essential that the person has not converted to anothe r
religion . He need not be an active, pious Jew He is still considered a
Jew. But if he converts to another religion he can no longer deman d
to be recognized as a Jew . The religious test is decisive . " a6
Nationality and Citizenship 129
That conclusion was written into statute law in 1970 . The Knes -
set amended the Law of Return to define a Jew as "a person who wa s
born of a Jewish mother or has become converted to Judaism an d
who is not a member of another religion .i37 This definition was fol -
lowed in 1977 to deny status as a Jew to a Jewish woman who con-
verted to Christianity 3s By using religious affiliation as a criterion ,
the Knesset suggests that Jewry is not a nation .
The United States has also taken the position that Jewry doe s
not constitute a nation . It was explained—regarding a possible rela-
tion to Israel of Jews who are U.S . citizens—that the U .S. govern-
ment "does not recognize a legal-political relationship based upo n
the religious identification of American citizens . . . . Accordingly, th e
Department of State does not regard the 'Jewish people' concept as a
concept of international law i3 9
A second obstacle to Jewish nationhood is the fact that Jews d o
not inhabit a single territory but are nationals of many states .40
Because of the nationality of Jews in various states, early Zionis t
diplomats used the term "Jewish people," rather than "Jewish nation, "
though they intended the "Jewish people" be considered a "nation "
in the international law sense of a group having collective rights .41
Even though there is no "Jewish nation," it is possible there coul d
be an "Israeli nation," made up of those Jews, or perhaps those Jew s
and Arabs, living in Israel . The government and courts of Israel hav e
said, however, that there is no "Israeli nation ." In 1972 a Jewish Israeli
asked to change the "nationality" notation in his identity card fro m
"Jewish" to "Israeli ." Israel's identity cards call for nationality, an d
the designation used for Jewish Israelis is "Jew" 42 The interior min-
istry denied the request, and the applicant sued . The Supreme Cour t
also denied the request, stating there is "no Israeli nation separat e
from the Jewish people . The Jewish people is composed not only o f
those residing in Israel but also of Diaspora Jewry i43 Chief Judg e
Simon Agranat stated that the creation of an Israeli nation woul d
negate the aspiration on which Israel was established . The court' s
decision reinforced the concept that Israel exists not for those withi n
its territory but for persons wherever they are located who make u p
the "Jewish nation ." That definition of Israel's constituency exclude s
Arabs, even if they are citizens of Israel .
The Jewish people Israel aspires to represent is primarily th e
European Jews who founded Zionism at the turn of the century Israel
130 The Status of Arabs in Israe l
18
does not seek to assimilate into the Arab world but to maintain it s
separate identity. 44 Arab-state Jews are to be Europeanized to the far- Divide and Conquer :
thest extent possible . Israel's onetime UN representative, Abba Eban,
said that for Israel "integration" is "to be avoided ." He evoked a " dan- Arabs in Israel's Political Syste m
ger lest the predominance of immigrants of Oriental origin"—b y
which he meant Jews from Arab states—might "force Israel to equal-
ize its cultural level with that of the neighboring world . So far fro m
regarding our immigrants from Oriental countries as a bridge towar d
our integration with the Arabic speaking world, our object should b e
to infuse them with an Occidental spirit, rather than to allow the m
to draw us into an unnatural Orientalism ."45 I preferred "separate development ."
—Yehoshua Palmon, Adviser on Arab affairs, government of Israe l

Arab citizens of Israel have the right to vote and to be elected to th e

Knesset, ' and many Arabs support an Arab-Jewish Communist part y
sharply critical of the government on important issues .2 Arabs ar e
regularly elected to the Knesset and participate actively in its debates .
Arab Knesset members have only a limited ability, however, to influ-
ence policy on basic issues, like the repatriation of the Arab refugees .
They cannot exert significant influence over the executive branch o f
government, whose functionaries are committed to Zionism . Th e
government, the Jewish Agency, the Histadrut, and the army all pro -
mote a Zionist view As a result, the ability of the Arabs to influenc e
policy is limited .' Few Arabs serve in high bureaucratic posts . No
Arab has been a cabinet minister . Of 1,839 leading government
officials in 1980, only 16 were Arab . 4 Arabs are less able than Jews to
develop with bureaucrats the relationship necessary to secure favor-
able action .' For Arabs the government is "alien" ;6 each ministry has
an 'Arab affairs" department, ' and Arabs approaching a ministry mus t
contact it rather than the official who handles the issue in question .
As a result of the 1948 expulsion, the number of Arabs eligibl e
to vote (17 percent of the electorate) cannot threaten Zionist policies
in Israel.' And by keeping the Arabs economically dependent, th e
government prevented them from exercising political power even i n
p roportion to their reduced numbers . Arabs have never held more
than eight of the 120 seats in the Knesset .9 The military govern-
ment in Arab areas pressured Arabs to vote for Zionist parties 10 and
in particular for the ruling Mapai party." "Through the military gov-
ernment," said Teddy Kollek, who had been elected mayor of Jerusa-

132 The Status of Arabs in Israel
lem, 'Arab votes were secured"' 2 The system of permits and close d
zones resulted in a dependence of Arab citizens on the military gov-
ernment . That dependence extended to the Arabs' political activity .
Mapai created lists of Arabs to run as Mapai candidates in genera l
elections ." A 1959 Mapai internal memorandum titled "Recommen-
dations for Dealing with the Arab Minority in Israel" explained th e
purpose of creating these lists was to ensure Arab politicians "woul d
not consolidate into an independent Arab bloc .i14
Military authorities threatened land confiscation or loss of wor k
permits to Arabs who supported the Communist party . 15 A complain t
to the UN Human Rights Commission in 1961 by a group called th e
Third Force Movement recited that the military governors "see to i t
that a worker who has expressed sympathy with the anti-Zionis t
party should get no permit to go to look for work, and he and hi s
family should remain unemployed and hungry. i1 s
Military authorities controlled elections to local office as well .
In Arab towns they thwarted the election to municipal councils o f
Arab candidates viewed as hostile, and even of candidates of Zionis t
parties other than Mapai . '7 In some instances, when candidates i t
deemed hostile were elected, the military authorities dissolved th e
municipal council' s and expelled the candidates from the country, '
or cut allocations to the municipal budget .
The government's purpose in introducing elections in Ara b
municipalities was to prevent the development of unity under th e
traditional Arab leadership . The 1959 Mapai party memorandu m
claimed success in achieving this effort, which it referred to as it s
"communal policy" The "government's policy has sought to divid e
the Arab population into diverse communities and regions . . . . The
municipal status of the Arab villages, and the competitive spirit o f
local elections, deepened the divisions inside the villages themselves .
The communal policy and the clan divisions in the villages prevente d
Arab unity."20
Ychoshua Palmon, the government's advisor in the 1950S on Ara b
affairs, described in a 1983 interview how he had implemented th e
government's policy toward the Arabs . "I behaved toward them as a
wolf in sheep's clothing—harsh, but outwardly decent," he said . " 1
opposed the integration of Arabs into Israeli society. I preferred sep a -
rate development ." Palmon understood "separate development" ex-
cluded Arabs from the political process . "True, this prevented the
Arabs in Israel's Political System 13 3
Arabs from integrating into the Israeli democracy. Yet they had neve r
had democracy before . Since they never had it, they never missed it .
The separation made it possible to maintain a democratic regim e
within the Jewish population alone .."2i
Despite the pressure from the military government, some Arab s
tried to form their own political parties, and when they did, the gov-
ernment blocked them . 22 It was "a principle of the military authori-
ties not to tolerate nationalistic organising within the area under it s
control.." 23 When nationalists organized meetings aimed at formin g
Arab political organizations, the military government stopped them .2 '
It denied them travel permits, 25 put them under house arrest, o r
expelled them from the country.26
An Arab political organization was formed in the 1950S unde r
the name Al-Ard (The Land) . Concerned over its activity, the govern -
ment confiscated its publications in 1g6o and arrested its leaders .'
In 1964, however, Al-Ard presented a list of candidates to stand elec -
tion to the Knesset, under the name Arab Socialist List . The distric t
commissioner of Haifa denied the group the right to form, on th e
ground "its aim was to undermine the existence and security of th e
State of Israel .i2s
The district commissioner acted under Articles 84 and 85 of th e
Defense (Emergency) Regulations, which permit the banning o f
"unlawful associations," groups found to be detrimental to state
security 29̀ The Supreme Court upheld the denial, Judge Alfre d
Witkon stating that Al-Ard's platform "expressly and totally negate s
the existence of the state of Israel in general and its existence withi n
its present boundaries in particular ."30 Al-Ard did not call for th e
elimination of Israel, though it did advocate a Palestinian state .31 It
called for "recognition" of the UN General Assembly Resolution 18 1
which recommended partition of Palestine and would thereby "main -
tain the rights of both Israeli-Jewish and Palestinian Arab people an d
would strengthen the stability and peace of the area .i32 Followin g
the Supreme Court decision, the minister of defense declared Al-Ar d
an "illegal association.."';';
In 1965 a group of ten Arabs sought to stand for the Knesset a s
the Arab Socialist List . Of the ten, five had been Al-Ard members . 34
The Central Elections Committee rejected the list as "an unlawfu l
association, because its promoters deny the integrity of the State o f
Israel and its very existence.i35 The committee did not have evidence
134 The Status of Arabs in Israe l
of illegal acts done or threatened by the candidates .'" The Suprem e
Court of Israel affirmed the Central Election Committee's rejectio n
of the Arab Socialist List.37 fudge Simon Agranat said the committe e
must protect "the continuity and perpetuity" of Israel as a " sover-
eign Jewish state .i3s Judge Yoel Sussman said the list's aim was th e
"destruction of the state .i39 Judge Haim Cohn dissented on th e
ground the election law did not authorize exclusion of candidates fo r
their views .40
During the 1981 election campaign the government invoked th e
Defense (Emergency Regulations to prohibit nationalist politica l
congresses planned for the Arab towns of Nazareth and Shfar'am .
These congresses had been called to form an Arab political party. 41 I n
1984 the Central Elections Committee disqualified a list of Knesse t
candidates presented by an Arab-Jewish coalition, the Progressive Lis t
for Peace, which advocated a West Bank—Gaza state and negotiation s
between Israel and the Palestine Liberation Organization (ono) .42 The
candidates stood for election, however, after a favorable ruling fro m
the Supreme Court .43 The court found that the Progressive List fo r
Peace, unlike the Arab Socialist List of 1965, did not seek to destroy
Israel44 and did not deny its right to exist . 45
The Knesset in 1985 wrote the prohibition against Arab nation-
alist candidates into statute law by prohibiting participation i n
Knesset elections by candidates who reject "the existence of the Stat e
of Israel as the state of the Jewish people .i46 Avnery said the purpos e
was to "prevent Arabs from taking part in Israeli democracy!'" Toub i
said the law showed Israel to be an "apartheid state!' "
The Arab population of Israel had loyalties to extended families, loy-
alties that divided them from each other . In addition, they were no t
all of the same religion . While most were Muslim, some belonged t o
the Druze sect of Islam, and others were Christian . The governmen t
of Israel was cognizant of these differences and their potential fro m
its standpoint . "The government's policy," said the 1959 Mapai party
memorandum, "has sought to divide the Arab population into divers e
communities and regions ." The "communal policy and the clan divi-
sions in the villages prevented Arab unity.i49 The government sough t
"forced segmentation of the population (Druze, Christian villages ,
townsfolk)" through the co-optation of "positive elements .i50
One aim of government activity was to foster discord between
Arabs in Israel's Political System 135
Christian and Moslem Arabs .51 It particularly cultivated the Druze
Arabs, to split them from other Arabs ." The Druze are Arabs wh o
formed a sect within Islam in the eleventh century .53 They live i n
their own villages, making up 8 percent of the Arab population withi n
the armistice lines .
The government gave the Druze Arabs preferences over othe r
Arabs .S4 In 1948 it did not expel Druze Arabs to the same extent a s
other Arabs ?55 in fact, it managed to convince some Druze Arab s
even to fight on the Zionist side . 56 Others of them cooperated wit h
Zionist forces by convincing non-Druze Arabs to surrenders' Th e
government put Druze Arab areas under martial law, as with othe r
Arab areas, but it terminated martial law for them in 1962, four years
earlier than for other Arab areas ." Even before it ended martial law,
the government exempted Druze Arabs from the requirement of secur -
ing permits for travel .59
Though the conscription law of Israel contained no ethnic cri-
teria, the minister of defense did not draft Arabs into the IDF, due t o
fears about their loyalty.60 The IDF did not accept Arabs as volunteers ,
except for Bedouin Arabs .61 In 1956, however, the minister began t o
draft Druze Arabs, 62 and when that occurred twelve hundred Druz e
Arab sheikhs protested . But the IDF successfully drafted Druze Ara b
soldiers and used them to oppose other Arabs—to drive Bedoui n
Arabs out of the Negev Desert to Jordan and to shoot Arab refugee s
attempting to reenter Israel clandestinely from Egypt .63 The IDF ser-
vice of Druze Arabs engendered confrontations with other Arabs dur-
ing the 1956 war between Israel and Egypt, as the non-Druze Arab s
viewed the role of the Druze Arabs as traitorous . As a result, fistfight s
between Druze and non-Druze Arabs were reported .G4 Some Druze
Arabs refused to be drafted and have been prosecuted . 65 One fringe
benefit of IDF service was that it made Druze Arabs eligible fo r
many financial benefits the government gives on the basis of vetera n
status .G6 Druze Arab eligibility for these benefits created a furthe r
gulf between Druze and non-Druze Arabs .
Druze Arabs have benefited in other ways . The government gave
larger budget allocations to Druze Arab villages than to other Ara b
towns,67 though less than to Jewish towns .6R The Histadrut admitted
Druze Arabs into membership in 1957, two years before othe r
Arabs, 69 thereby making it easier for them to get jobs .
The government also gave Druze Arabs a legal status separate


136 The Status of Arabs in Israel Arabs in Israel's Political System 13 7

from other Arabs . In 1957 the ministry of religious affairs recognize d them to purchase housing in locations closed to Arabs ."; Like other
the Druze as a religious community separate from other Moslems, '" Arabs, Druze are excluded from employment in security-related jobs ."4
though they had not had separate status under Ottoman or mandat e In 1987 the government declared an intent eventually to treat Druze
law" and had functioned as part of the Moslem religious commu- Arabs equally with Jews in all respects ; 8' but the reaction of the
nity.72 The major religious communities in Israel are governed by Druze Arabs to the favoritism policy was mixed . Many welcome d
religious courts in domestic relations and matters of personal sta- t he benefits, 8 ' while recognizing the effort to separate them fro m
tus. '`; In 1962 the Knesset established Druze religious courts sepa- other Arabs ." Although many Druze Arabs opposed the policy, i t
rate from the Islamic courts . 74 It let the Druze Arabs have more qadi s kept Druze and non-Druze Arabs from uniting as a political force ."
(religious judges) per capita than other Arabs ." One consequence o f
separate religious status was that a Druze Arab and a non-Druz e
Arab may not contract marriage in Israel, since all marriage is ec-
clesiastical, and religious authorities marry only persons of thei r
own religion .'('
The 1959 Mapai party memorandum claimed success in co -
opting the Druze Arabs. "The policy of communal division bore fruit,"
it stated . The policy "succeeded in creating barriers, albeit some -
times artificial ones, between certain parts of the Arab communit y
as in the case of the mistrust between the Druze and the other Ara b
communities . This policy enabled the state to prevent the formatio n
of a unified Arab bloc and left considerable leeway for the leaders of
the respective communities to concern themselves with their com-
munal affairs, instead of general Arab ones . "77
The government in 1970 changed the administrative structure
for Druze Arabs . It directed government ministries to deal with Druz e
Arabs by ordinary channels rather than in the "Arab affairs" depart-
ments through which other Arabs are required to approach th e
government ." On the identity cards the government requires of al l
citizens nationality is noted, and for Druze Arabs the ministry of th e
interior uses "Druze" rather than "Arab," regardless of the preferenc e
of the individual Druze .7° In 1977 the government removed Druz e
Arab schools from the jurisdiction of the education ministry's de-
partment that handles Arab schools .R° In Druze Arab schools th e
government uses a special curriculum that teaches children about th e
differences between Druze and other Arabs in a way that promote s
division .8 1
Despite granting them certain privileges, the government dis-
criminated against Druze Arabs in many of the ways it discriminate s
against other Arabs . In the early 1950s it confiscated their lands t o
the same degree as it did those of other Arabs .82 It does not permit

19
Protecting Privilege :
Arabs and Governmental Service s
We has met the enemy, and it is us .
—Walt Kelly, Pogo
The government and the national institutions provide a variety o f
services to the population of Israel, and often the two collaborate t o
provide services . One important field of such collaboration is th e
creation of new residential settlements and the construction of hous-
ing.' The government plans and finances new settlements in coordi-
nation with the Jewish Agency, and, in conformity with its charter ,
the Agency organizes settlements for Jews only .' By 1968 the govern -
ment and national institutions had built twenty-eight new towns fo r
Jews in the Negev and Galilee areas,' primarily for immigrants ." The
aim was to put "a large Jewish population" in areas where Jews wer e
few' "The history of immigrant housing," wrote Israel Shaham, assis-
tant director-general of budget and finance in the ministry of hous-
ing, "is actually the history of public housing in Israel ."6 The govern-
ment's housing policy has been aimed largely at establishing Jewis h
population concentrations . Conversely, it has put few resources int o
housing for Arabs .'
The Jewish National Fund, Jewish Agency, and Histadrut all buil d
housing ." The ministry of housing built two major new towns in th e
Galilee—Upper Nazareth (adjoining the original Nazareth) an d
Carmiel . By its regulations the ministry refused to sell housing i n
these towns to Arabs, 9 unless they had served in the Israel Defens e
Force, police, or prison service . 1D As a result, few Arabs qualified. "
The ministry of defense does not draft Arabs, except for Druze Arabs ,
and does not accept them as volunteers . "
Asked in the Knesset why the ministry refused to sell housin g
in Carmiel to Arabs, Minister of Housing Joseph Almogi replied that
Arabs and Governmental Services 139
Carmiel was not built for the people in the surrounding area . 13 Jew-
ish purchasers may, however, lease or sell this housing to Arabs ,
since an Arab lessee or purchaser does not acquire rights in the land .'"
As a result, many Arabs have leased or purchased housing in uppe r
Nazareth and Carmiel ." At other locations where it built housing ,
the ministry did not restrict ownership to Jews, but it has not buil t
housing in Arab areas .' 6
In 1967 the government expanded the Jewish Quarter of the Ol d
City of Jerusalem, evicting 65o Arab residents ." A government cor-
poration, the Company for the Restoration and Development of th e
Jewish Quarter in the Old City of Jerusalem, Ltd ., built new housin g
there. In a public offering the company stated it would sell to ne w
immigrants who were residents of Israel, or to resident citizens o f
Israel who had served in the IDF or had received an exemption fro m
IDF service, or had served in a Jewish organization prior to May 14 ,
1948 .
Muhammed Bourkan, a former Arab resident of the Jewish Quar-
ter, applied to purchase an apartment . Bourkan, like most East Jeru-
salem Arabs, was a citizen of Jordan . When the company refused t o
sell to Bourkan, he sued in the Israel Supreme Court, where the com-
pany acknowledged its policy of selling to Jews only. The court found
no unlawful discrimination, reasoning that the expulsion and exclu-
sion of Arab residents were justified by the expulsions in 1948 of
Jewish residents of the Quarter by the Arab Legion ."
The government has tried through administrative measures t o
keep Arabs from moving into Jewish areas . Meir Shamir, director of
the Israel Land Registration Office, told a meeting of the Govern-
ment Committee to Evaluate Land Policy that "we have been operat-
ing according to governmental consensus on this issue all along . I am
not authorised to tell you whether there is any such government deci-
sion written down anywhere . But these are guidelines we have re-
ceived—not to encourage mixed peripheral areas .i19
The government uses Jewish housing for strategic purposes . In
the 19505 it created settlements in border areas, and after 1967 it
built large apartment complexes in East Jerusalem in "a ring of Jew-
ish settlement" around Arab areas, 20 to create "a Jewish-populate d
buffer zone between Arab Jerusalem and the West Bank ."" It ori-
ented sales to Jews, though it did not refuse Arabs . The Galilee ha s
been a focus of attention for the national institutions and govern-

140 The Status of Arabs in Israel
ment since it is the area of the greatest Arab population density insid e
the armistice lines .22 In the 198os the government and national insti-
tutions established new "lookout" settlements for Jews in the Gali-
lee to increase the Jewish population there . 23
The ministry of housing makes loans to the general public for th e
purchase of housing .24 Two categories of people get preferential rate s.
Persons immigrating to Israel under the Law of Return are eligible t o
rent at a reduced rate and then to purchase the housing on preferen-
tial terms .' Zionist institutions abroad, like the Zionist Organiza-
tion of Canada, make loans available at advantageous rates to per -
sons immigrating under the Law of Return . 2`'
By regulations of the ministry of housing if the loan applicant i s
a veteran, the loan is given for a larger percentage of the purchas e
price, part of the loan is interest-free, and the applicant is freed of a
requirement that interest be adjusted for inflation . 27 The regulations
define "veteran" as a person who holds a military identificatio n
number, or that person's parent, sibling, child, or spouse . Since no
length of service is required, all persons who enter the military qual-
ify "Veteran" also includes any person who receives an individua l
exemption from military service . The ministry of defense issues indi-
vidual exemptions only to persons subject to the draft, which means ,
with minor exceptions, only to Jews . The regulations also include a s
a veteran a person who was issued a military service postponement ,
which the ministry of defense typically gives to Orthodox Jews ."
The definition of veteran thus includes nearly all Jews, regardless o f
whether they served in the MF .
The ministry of housing gives preferential financing to certai n
applicants for the housing it builds in "development areas ." These
preferences are available by regulation to "a person who has served ,
or whose parent, sibling, or child has served in the inF, police, o r
prison service .j29 Such persons are eligible for grants or loans t o
purchase the housing, or for rent subsidies in rental housing .30 Th e
broad definition—requiring no minimum military service and includ -
ing the designated relatives—indicates that this benefit is not a rewar d
for military service .
The government has continued the practice it started in the 195 0s
of giving Arab municipalities less budget funding than Jewish munic i -
palities for roads, sewage, and other public services .31 This under-
Arabs and Governmental Services 14 1
funding has exacerbated the housing situation of Arabs . Nazareth ,
an Arab-populated town, is an example . Gur-Arie, the prime minis-
ter's advisor on Arab affairs, said Arabs from Nazareth were movin g
into Upper Nazareth because of the poor housing in Nazareth . A s
the reason for what he called a "serious housing problem in Ara b
Nazareth," he said that "we are conducting a war against the Naza-
reth Municipality which is a part of the Communist Party [Rakah ]
and the standard of services there is very low. So those who can affor d
it obviously prefer to pay more than a Jew does and move to a plac e
with better services!'" Nazareth is an example of an Arab town receiv -
ing low budget allocations .
Discrepancies have appeared in the government's policy towar d
people who build houses in violation of regulations that require a
building permit . Much housing is built in Israel without a permit ,
and the government frequently bulldozes houses built by Arabs with -
out a permit .33 It has not, however, typically bulldozed houses buil t
by Jews without a permit, 34 even though, according to a study don e
at the Technion architecture and town planning faculty in Haifa, 7 5
percent of the houses built without a permit are built by Jews ."
Many individual Jews discriminate against Arabs in the sale o r
rental of housing . In one reported instance a Jew who signed a pre-
liminary agreement to sell an apartment withdrew upon discoverin g
the purchaser was Arab . ; `' The government has adopted no legisla-
tion to prohibit private discrimination in housing and the courts hav e
not found it illegal .37 The chief rabbi of the Sephardic community,
Mordechai Eliahu, whose position is established by statute," rule d
in 1985 that Jewish law forbids a Jew to sell or lease housing to a n
Arab in any area of Israel where Jews live or are preparing to live .39
The chief rabbi of Acre, a town that includes Arabs and Jews, rule d
that Jewish law forbids Jews to live in proximity to Arabs . 4a
Beyond housing, the government of Israel provides a number of wel-
fare benefits to the public .`" It places conditions on some of them ,
such as a recipient's having some relation to a person who has serve d
in the Israel Defense Force . In a human rights report on Israel, th e
U.S . Department of State wrote that Arabs "do not qualify for man y
of the important economic and social benefits that derive from mili-
tary service .i42 To encourage births, the ministry of labor and socia l
welfare makes child support payments to parents, under the National

142 The Status of Arabs in Israel
Insurance Law. ' The 1949 Discharged Soldiers (Reinstatement i n
Employment) Law "' was amended in 1970 to authorize the ministr y
through the National Insurance Authority, to make an additional chil d
support payment to "soldiers ." The amendment defined "soldier" a s
"a person who is serving or has served in the Defence Army of Israe l,
the Police or the Prison Service," or who served in one of the Zionis t
military formations (Haganah, Irgun, or LEHI) prior to the establish-
ment of Israel ." Avnery objected in the Knesset that the aim was no t
to reward for IDF service but to "encourage births among one part o f
the population of Israel and to effect the opposite among the othe r
part ."46
In 1970 the minister issued regulations under the amendment .
He adopted the Regulations on Grants for Soldiers and Their Fami-
lies, which provided grants for the third child and any additiona l
children at a level approximately equal to the amount payable unde r
the National Insurance Law 47 Thus, a qualifying person receives dou-
ble the ordinary amount .4B The minister's 1970 Regulation broad-
ened the 1970 amendment's definition of soldier to include th e
"spouse, children, or parents of a soldier .i49 Eligibility thus defined
does not depend on actual military service .
The ministerial committee on the interior and services, actin g
without statutory authorization, provides this supplementary chil d
support payment to parents who have not served in the mr but ar e
students in Jewish seminaries .50 The result of the 1970 amendment,
the 1977 Regulation, and the committee decision for seminarian s
was that nearly all Jews qualified for the additional payment, whil e
almost no Arabs did .s '
Universities in Israel are private . They are forbidden by governmen t
regulation to discriminate in the admission of students on the basi s
of "race, sex, religion, national origin, or social status . '" But on secu -
rity grounds, the universities do not admit Arab applicants to certai n
faculties.5a Scholarships are given by the Office of Absorption of th e
Jewish Agency ; Arabs are not eligible to compete for them, as the y
are available to persons immigrating under the Law of Return . 54 Cer-
tain privately funded scholarships are open only to students with lV F
service . ss
For higher education the government provides tuition loans an d
grants to "veterans," and to persons who reside in a "developme nt
Arabs and Governmental Services 143
town" or "renewal neighborhood ." Guidelines for distribution of thes e
loans and grants were adopted by a commission appointed in 1982 by
the minister of education and culture and chaired by Moshe Katzav ,
deputy minister of housing .' The commission defined "veteran" to
include the parent or sibling of a person who served in the IDF . A
student from a family of four or more children and who was eligibl e
as a veteran for a supplemental allowance for a child was made eligi-
ble for a grant covering half tuitions '
With minor exceptions, "development towns" and "renewa l
neighborhoods" are inhabited by Jews only . The guidelines made a
resident of either one eligible for a loan for one-third of universit y
tuition. The loan was to be forgiven if the student resides in th e
development town or renewal neighborhood after graduation for a
period equal to the period of study." The criterion of developmen t
town or renewal neighborhood residence and the expansive definitio n
of "veteran" made most Jews, but few Arabs, eligible for preference s
in university tuition .
In 1987 the government decided to establish a dual tuitio n
system—a lower rate for those who have served in the IDF, a substan-
tially higher rate for others .59 While in theory each university set s
its own fees, the universities in fact set fees as decided upon by th e
government because of the substantial government subsidies the y
receive . The decision was criticized in the press as "aparthei d
policy."60
In elementary education the Knesset legislated in 1953 that the
purpose of elementary education was to teach "the values of Jewis h
culture" and "loyalty to the State and the Jewish people ." This pur-
pose covered even "non-Jewish educational institutions," whose cur-
riculum is prescribed by the minister of education .' The state fund s
an Orthodox Jewish private school system but does not fund school s
for other religions . 62
The Jewish Religious Services Budgets Law of 1949 and the Jewis h
Religious Services Law of 1971 called for local religious councils t o
s ubmit budgets to the minister of religious affairs . The budgets are
fi nanced one-third by the central government and two-thirds by the
l ocal government .63 There are no such statutes for other religions . 64
The Jewish religion thus was given preferential treatment . 65 The gov-
ernment allocates funds for Muslim and Christian religious services,

144 The Status of Arabs in Israel
but at a level far less than their proportion in the population, an d
without a legislative mandate .' By statute, the Knesset gave lega l
status to the chief rabbinate and empowered and obligated it to under-
take "activities aimed at bringing the public closer to the values o f
tora (religious learning) and mitzvot (religious duties) ."67 No othe r
religion has a body with similar legal status, empowerment, o r
obligations .'
The ministry of absorption provides funds to immigrants and "return -
ing residents .." 69 Nearly all immigrants are Jews, as a result of th e
application of the Law of Return and the Nationality Law . Immi-
grants receive economic assistance for housing and job placement . '0
"Returning residents" are Israeli citizens who have resided abroad fo r
at least two years . They are eligible for job placement assistance an d
for a loan for travel to Israel and for shipment of their personal effects .
From 1969 to 1987, under a regulation of the ministry of absorption ,
only Jews were deemed "returning residents" to qualify for thes e
benefits . In 1987 the attorney general ruled that this exclusion wa s
discriminatory against Arabs . 71
By the Specified Goods Tax and Luxury Tax Law, the Knesse t
authorized the minister of finance to designate classes of persons fo r
favorable treatment when they bring goods into Israel after residenc e
abroad.' Under this authorization, the minister issued the Purchas e
Tax Order (Exemption), which called for a lower import duty to b e
collected from a returning national than from a returning resident . ' '
The order defined "returning national" to include only a perso n
who, "if the person were not an Israeli national the Law of Return
would apply to him ."'4 Thus, only a Jewish citizen of Israel is a return -
ing national ." An Arab citizen of Israel is a returning resident an d
pays higher customs duty.' By making eligibility under the Law o f
Return the criterion, the minister used an explicitly ethnic basi s
of distinction .
20
Some Are More Equal :
Ethnic Distinctions in the Law of Israe l
Zionism is a form of racism .
-UN General Assembl y
Even after it ended martial law rule in Arab-populated sectors in 1966 ,
the government of Israel applied the Defense (Emergency) Regula-
tions primarily against Arabs . It used the regulations to prosecut e
Arabs before military rather than civilian courts' and to subject indi -
vidual Arabs to town arrest .' To prevent demonstrations against lan d
confiscations in the Galilee in 1976, it issued notices that village s
where demonstrations were planned were still "closed areas" unde r
Regulation 125 . 3 In 1979 the Knesset repealed two provisions of th e
regulations—those on deportation and administrative detention —
but retained the power of administrative detention with certain safe -
guards for the detainee .' In 1982 the government invoked the regula -
tions to ban planned publication of an Arab scientific periodical . The
Supreme Court approved the ban, saying that under the regulation s
the government need not state its reason .' In 1986 the government
used the regulations to prohibit an Arab cleric from traveling abroa d
for public speaking .
Beyond the Defense (Emergency) Regulations, the Knesse t
adopted other legislation to suppress Arab nationalism . In 198o the
Knesset amended the Prevention of Terrorism Ordinance to prohibi t
any act manifesting identification or sympathy with a terroris t
organisation in a public place or in such manner that persons in a
public place can see or hear such manifestation of identification o r
s ympathy, either by flying a flag or displaying a symbol or slogan o r
by causing an anthem or slogan to be heard, or any other simila r
overt act clearly manifesting such identification or sympathy as afore -
said ." That law empowered the government to declare an organiza-

146 The Status of Arabs in Israel
tion to be terrorist .' It declared as terrorist the Palestine Liberatio n
Organization (plan) and thirteen other Palestinian organizations ,
including the component organizations of the PLO . ' Under this law a
court convicted two Arab students of producing a pamphlet support-
ing the PLO,' and Arabs have been arrested for flying a PLo flag . 10 The
ministry of justice filed charges under this law against Faisal Hussein i,
head of the Arab Studies Society in Jerusalem .'' It alleged that in a
newspaper interview Husseini had said that the PLO was the onl y
legitimate representative of the Palestinian people . 1 2
In r98o the Knesset gave the minister of the interior the powe r
to revoke the citizenship of "a person who has done an act constitut-
ing a breach of allegiance to the State of Israel.i1" Since the govern-
ment defined the PLo as a terrorist organization, a show of suppor t
for it would apparently constitute a breach of allegiance . In a 198 0
law on nonprofit societies, the Knesset precluded registration of a
society "if any of its objects negates the existence or democratic char -
acter of the State of Israel ." 14 The law was criticized by several mem-
bers of the Knesset as being aimed against political organizing b y
Arabs .'"
In 1986 the Knesset adopted a statute that forbade "contact "
with any person holding an executive position in "an organization
that the Israeli government has declared a terrorist organization ."' "
This law prohibited contact for any purpose, unless based on famil y
ties or on participation in an academic conference ." The govern-
ment prosecuted both Jews and Arabs for meeting with PLO officials .' ''
A note in explanation of the 1986 amendment in the Knesset indi-
cated that one purpose was to prevent political contact between Arab s
and Jews that might lead to pressure for recognition of Arab rights :
"Recent contact of Israelis with activists and official representative s
of terrorist organizations have [sic] grown both numerous and fre-
quent . This phenomenon is causing Israel serious harm, both politi-
cally and in the area of security, and cannot be tolerated . Therefore ,
we propose to outlaw such contacts, if held knowingly and withou t
lawful authority"'y
Israel has no constitution that might take precedence over legisla -
tion that is discriminatory in nature . The Declaration of the Estab-
lishment of the State of Israel called for equality of rights, but Israe l ' s
courts did not deem the declaration to be a source of law .20 The courts
Ethnic Distinctions in the Law of Israel 147
have no power of judicial review of legislation and, therefore, no powe r
to overturn discriminatory laws .2 ' Thus, the laws defining Israel as a
Jewish state and giving Jews a preferred status cannot be challenge d
in the courts of Israel.
The possibility of enacting a constitution or a bill of rights ha s
been debated in Israel . A draft bill of rights proposed by the ministr y
of justice in 1987 would have forbidden discrimination on a wid e
variety of bases with the stipulation it not affect legislation enacte d
prior to entry into force of the new constitution . Thus, the Defens e
(Emergency) Regulations and prior laws of the Knesset would not b e
affected . Further, the proposal stated that "a legal provision which
derives from Israel being a Jewish state shall not be regarded a s
discriminatory." 22
Although the Supreme Court of Israel has no power to revie w
legislation, it does review actions of officials,' and Arabs frequentl y
use this procedure .24 Judges of the Supreme Court are appointed for
life and are independent of the executive .25 On occasion the cour t
has annulled government decisions in security-related situations, lik e
a 1989 case in which, for the first time, it countermanded a decisio n
by the censor against the publication of an item proposed for release.
The court ruled the censor could not prohibit a newspaper articl e
containing criticism of the head of the state security agency, th e
Mossad .26
But the court rarely questioned officials who took measure s
against Arabs for reasons of government policy or state security . 27
With administrative detention, the Knesset instituted judicial revie w
in 1979 . But it said the review should be conducted in closed ses-
sion and it need not follow the rules of evidence .2s The IDF, in partic-
ular, has not always obeyed the Supreme Court . In July 1951 the cour t
ruled that Arabs, formerly residents in the Galilee village of Ikri t
from which the IDF had excluded them in October 1948, were enti-
tled to return . The IDF, defying the ruling, prevented the resident s
from returning ?
The racial distinctions found in Israel's legislation have led som e
commentators to call Arabs second-class citizens in Israel . ; ° These
distinctions are criticized in Israel .'"' Racial discrimination as a mat -
ter of state policy violates the customary law of human rights bind-
ing on all states .32 The uN Charter prohibits discrimination by a stat e

148 The Status of Arabs in Israel
on the basis of race . " The International Convention on the Elimina ,
tion of All Forms of Racial Discrimination, to which Israel is a part y
prohibits any "distinction, exclusion, restriction or preference" base d
on "race, colour, descent, or national or ethnic origin" which has th e
"purpose or effect of nullifying or impairing the recognition, enjoy _
ment or exercise, on an equal footing, of human rights and funda-
mental freedoms in the political, economic, social, cultural or an y
other field of public life .i3 4
Some commentators, who argue that a Jewish state is justified ,
argue further that if that is so then a preferred legal status for Jew s
over Arabs is justified as well .35 Resolution 18r, on which they rely ,
called for a constitution in the two prospective states to guarante e
"to all persons equal and nondiscriminatory rights in civil, political ,
economic and religious matters .i36 Resolution 18r did not contem-
plate a state in which Jews would enjoy a privileged status . 37
The UN General Assembly, in part because of the legislative dis-
crimination against Arabs under Israeli law, adopted a resolution i n
which it called Zionism "a form of racism .i3s This characterizatio n
has been strongly criticized.39 But the opinion that Zionism as prac-
ticed in Israel reflects racial animus against the Palestine Arabs i s
widely held in the world community. In particular, those states pre-
viously subject to foreign authority view the Palestine Arabs as bein g
in the situation in which they found themselves prior to indepen-
dence. The nonaligned countries called Zionism an "imperialis t
ideology.i40 The Organization of African Unity said that "the racis t
regime in occupied Palestine and the racist regimes in Zimbabw e
and South Africa have a common imperialist origin ."41 The Africa n
Charter on Human and Peoples' Rights, in naming in its preambl e
concepts that involve a denial of rights, listed "colonialism, neo -
colonialism, apartheid, zionism ."42
Israel reacted sharply at the United Nations in 1961 when Ira q
accused it of being an apartheid state .43 But a number of Israel's leg-
islative enactments give ethnically based preferences in importan t
areas of national life 44 By prohibiting the return of expelled Arab s
while giving Jews ready entry, by segregating land ownership and use ,
by providing social services to Jews on a preferential basis, by allow-
ing the national institutions to carry out governmental function s,
and by providing special power under the Defense Emergency) Regu -
lations to suppress opposition to discriminatory treatment, Israel has
Ethnic Distinctions in the Law of Israel 149
created a complex of rules that constitutes something more than
casual discrimination .
Apartheid was defined by McDougal, Lasswell, and Chen as " a
complex set of practices of domination and subjection, intensel y
hierarchized and sustained by the whole apparatus of the state, whic h
affects the distribution of all values .i4S The International Conven-
tion on the Suppression and Punishment of the Crime of Aparthei d
prohibited "racial segregation and discrimination" undertaken to dom -
inate a racial group4 6 As an exaggerated form of racial discrimina-
tion, apartheid is, like racial discrimination, prohibited by custom-
ary international law 47
The racial distinctions in Israel's legislation have been called a
natural and intended result of the colonization of Palestine, 48 inher-
ent in the ideology of Zionism . 49 Maxime Rodinson, a leadin g
Arabist, wrote that to create a Jewish state in an Arab Palestine on
the basis of the Zionist concept "could not help but lead to a colonial -
type situation" and to "a racist state of mind .i50
The Organization of African Unity said that Israel and Sout h
Africa share "a common imperialist origin . "51 Each won indepen -
dence after armed struggle against British rule, then "coped wit h
the problem of keeping their native populations in subordinate sta -
tus, and perforce resorted to comparable, though not identical, meas -
ures .i52 Both arc, in the view of a leading African political scientist ,
"discriminatory ideologies whose implementation inevitably and log -
ically necessitated strategies of repression and ethnic exclusivity . '
Other human rights analysts rejected the analogy . Tom Franc k
argued that South Africa has "almost nothing in common" wit h
Israel, 54 and John Norton Moore denied "that a class of citizens withi n
Israel is denied self-determination as with apartheid in Sout h
Africa.."" But Haifa University psychology professor Benjamin Beit -
Hallahmi found the analogy appropriate . He said that "the real prob -
lem facing the Israeli settlers" was "the natives ." White South Afri -
cans were "in the same situation .i56 Former South African prim e
minister John Vorster viewed Israel's government as confronting a
situation similar to South Africa's . Israel was faced with an "apart -
heid problem" as concerned its Arab inhabitants, he said . "We vie w
I srael's position and problems with understanding and sympathy" "
There is a common religious ideology for the Zionist claim i n
Palestine and the Afrikaaner claim in South Africa ." In Afrikaaner
150 The Status of Arabs in Israe l Part Four
nationalism blacks, as the offspring of Ham, were pagans destined t o The 1967 War, the West Ban k
serve the "new Israelites" as "hewers of wood and drawers of water ."
Both Afrikaaners and Zionists considered the land to be theirs b y and the Gaza Strip
divine right ."
Some analysts have described Israel's discrimination as less for-
mal than South Africa's . "Whereas South Africa has laws clearl y
identifiable as racist, Zionist racism is informal, de facto and decep-
tive."60 While South Africa has been more rigid in some aspects of
segregation, particularly in housing, Israel has been more rigid i n
others . Unlike South Africa, Israel expelled most of the indigenou s
population . Its segregation in land ownership and use is more tho r
oughgoing, and the performance of governmental functions by Israel' s
national institutions has no counterpart in South Africa . Arnol d
Toynbee, referring to Israel, said that "a racialist state is as bad and a s
dangerous in the Middle East as it is in southern Africa ." He found i t
"wrong" that "people feel differently about the rights and wrongs of
the existence of the state of Israel versus white South Africa .' ' l
21

No Peace: War Always

on the Horizo n

For war breeds war again .

—John Davidson, War Son g

The 1949 armistice agreements left the Gaza Strip and the Wes t
Bank in an uncertain status, Gaza administered by Egypt and th e
West Bank by Transjordan, and both with a substantial number o f
refugees . In Gaza the refugees outnumbered the indigenous popu-
lation . In 1949 Transjordan became the Hashemite Kingdom of Jor-
dan, "Hashemite" after the ruling family, and "Trans" being droppe d
to indicate that, with the inclusion of the West Bank, the coun-
try spanned both sides of the Jordan River . In 1950 Jordan's parlia-
ment incorporated the West Bank, fulfilling King Abdullah's long -
held objective .' But the parliament said it took the step "withou t
prejudicing the final settlement of Palestine's just case within th e
sphere of national aspirations, inter-Arab cooperation and interna-
tional justice . "' It thus acknowledged the self-determination righ t
of the Palestine Arabs . The Arab states and many Palestine Arab s
opposed the merger, which was recognized by only Pakistan and Grea t
Britain .3
Egypt did not incorporate the Gaza Strip but administered it a s
"an inseparable part of the land of Palestine . "4 The Egyptian admin-
istration continued the law of Palestine in force and issued court judg -
ments "in the name of the people of Palestine . "s A Gaza constitu-
tion adopted in 1962 was declared to be in force "until a permanen t
constitution for the State of Palestine is promulgated . "6 Egypt's min-
ister of war appointed a governor-general and an eleven-membe r
executive council to administer Gaza . ' Limited legislative compe-
tence was given to a legislative council that consisted of twenty -
two elected members, eleven members appointed by the governor-
154 1967 War, West Bank, Gaza Stri p
general, the eleven members of the executive council, and th e
governor-general .'
To stop Arab refugees from returning from Lebanon, Syria, Jordan ,
and Egypt, the IDF began attacks on villages across the armistic e
line. Jordan claimed that during 195 0 Israel made over one hundre d
such raids.' During 1950 and 1951 the UN Truce Supervision Organ-
ization, which had been established to monitor the armistice agree-
ments, and the UN Security Council dealt with repeated charges tha t
Israel had made incursions across the armistice lines .'0 Egypt inter-
fered with the shipment through the Suez Canal of goods destine d
for Israel, and the Security Council asked it to let the goods pass .' 1
Israel also charged armistice violations, but of the many mutual com-
plaints the United Nations resolved most of them against Israel . '
Meanwhile, groups of refugees began military raids into Israel ,
without overall coordination and without direction from the Ara b
governments . 13 Jordan, where most of the attacks originated, mad e
strenuous efforts to prevent them . 14 Israel met raids with reprisa l
attacks," often on targets where civilians were in close proximity .
Israel viewed its reprisal attacks as justifiable self-defense" and als o
aimed at "teaching a lesson . "" It wanted to deter not only the guer-
rillas, but also the Arab governments, which it charged with aggres-
sion for allowing the guerrillas to operate . "
Ben-Gurion said in 1953 that Israel was "in danger of peace" an d
that a state of war was necessary to achieve "the fusion of communi-
ties," by which he meant the migration of Arab-state Jews to Israe l
and the settlement of the Palestine Arabs in Arab states ." Ben -
Gurion's reference to the danger of peace indicated his belief tha t
hostilities needed to be maintained so the Arab states would be sus-
picious of their Jewish populations, which he hoped would result i n
their migrating to Israel .
Arab states regularly complained of the reprisals to the UN Secu-
rity Council, which routinely rejected Israel's claims of self-defense .
The council said that "reprisals have proved to be productive of greater
violence rather than a deterrent to violence ." Z1 Israel's reprisal attacks ,
because of their severity, were credited with escalating the guerrill a
raids.22 The Security Council condemned Israel for many suc h
attacks . 23 In 1953 the IDF conducted a reprisal raid on the West Ban k
town of Qibya, killing sixty-six civilians .'-' The MF unit, commanded
War Always on the Horizon 15 5
by Ariel Sharon, blew up houses with the inhabitants inside .2' u N
military observers arriving two hours after the raid said that "bullet -
riddled bodies near the doorways and multiple bullet hits on the door s
of the demolished houses indicated that the inhabitants had been
forced to remain inside until their homes were blown up over them ."
They reported that "witnesses were uniform in describing their expe-
rience as a night of horror, during which Israeli soldiers moved abou t
in their village blowing up buildings, firing into doorways and win-
dows with automatic weapons and throwing hand grenades .i26 Ben-
Gurion issued a statement claiming that the Qibya operation ha d
been conducted by private Israeli citizens, not by the IDF . " Foreign
Minister Moshe Sharrett told Israel's cabinet the raid was a "mon-
strous bloodbath" which "exposed us in front of the whole world a s
a gang of blood-suckers, capable of mass massacres .i2' The Security
Council said the raid on Qibya violated the UN Charter. It also called
on Jordan, which had promised to try to stop future guerrilla raids, z'
to prevent "crossing of the demarcation line by unauthorized per -
sons, often resulting in acts of violence.i30
Most Security Council resolutions on Israel's reprisal raids con-
tained no such cautionary language . Denouncing a 1955 attack on
the Egyptian army in the Gaza Strip, in which the IDF killed thirty-
eight Egyptian soldiers, the council found a "prearranged and planne d
attack ordered by Israel authorities . . . committed by Israel regula r
army forces against the Egyptian regular army force," which it con-
demned as a violation of the Egypt-Israel 1949 armistice and of the
UN Charter.31 The council condemned a 1955 mi attack on Syria n
military posts in which fifty-six Syrians were killed .32 The counci l
rejected Israel's argument of retaliation for smaller Syrian attacks ,
saying that "military action in breach of the General Armistice Agree-
ments" was unlawful, "whether or not undertaken by way o f
retaliation .i33 U.S . assistant secretary of state Henry Byroade criti-
cized Israel's attacks : Israel had developed "the attitude of the con-
queror" and the belief that force and "retaliatory killings" were th e
"only policy" its "neighbors would understand .°34
Moshe Dayan, Israel's chief of staff, saw a domestic political pur-
pose in the reprisal policy. He said that reprisals "make it possible fo r
us to maintain a high level of tension among our population and i n
the army. Without these actions we would have ceased to be a com-
bative people and without the discipline of a combative people we

156 1967 War, West Bank, Gaza Strip
are lost. We have to cry out that the Negev is in danger, so that youn g
men will go there! '
At the same time, Dayan recognized the justice of the refugees '
view that force was permissible to regain their homeland . Deliverin g
a eulogy for a friend killed in a refugee raid across the Gaza border i n
1956, he said : "Let us not today fling accusations at the murderers .
Who are we that we should argue against their hatred? For eight year s
now, they sit in their refugee camps in Gaza, and before their ver y
eyes we turn into our homestead the land and the villages in whic h
they and their forefathers have lived .i3"
During the early 1950", according to Prime Minister Moshe Sharett ,
the IDP establishment made contingency plans to invade and occup y
the West Bank . 17 In 1951 Ben-Gurion formulated a plan to seize th e
Gaza Strip and approached Britain to ask its acquiescence . The Brit-
ish government objected, and Ben-Gurion dropped the plan.;" In 1 954 ,
according to Sharett, the 1vF sought a way to initiate a war wit h
Egypt in order to take the Gaza Strip .39 In 1955 Ben-Gurion asked
the cabinet to approve an invasion of the Gaza Strip . After five days o f
discussion the cabinet rejected the proposal, concerned over the likel y
U.S. reaction .' 0
But in 1956 Israel, together with France and Britain, invade d
Egypt and occupied the Gaza Strip and the Sinai Peninsula .41 During
the invasion General Itzhak Rabin, as commander of Israel's north -
ern region, expelled from the Galilee to Syria four thousand villager s
whom the IDP had earlier removed from their homes in connectio n
with water diversion projects .42 The Security Council did not con-
demn the tripartite invasion of Egypt because France and Great Brit-
ain, as permanent council members, enjoyed power of veto . It did,
however, call an emergency special session of the General Assembly ,
finding "that a grave situation has been created by action undertake n
against Egypt .i43 In a memorandum to the uN secretary-general Israe l
proposed to take over the administration of the Gaza Strip, 44 but th e
secretary rejected the idea.45 Israel withdrew from the Gaza Strip an d
Sinai Peninsula under strong international pressure, particularly fro m
the United States . 46 The United Nations put an emergency forc e
(UNEF) on the Egyptian side of the 1949 armistice line to assure ther e
were no further hostilities .
In Egypt few Jews had emigrated in the wake of the establish -
War Always on the Horizon 15 7
r lent of Israel, though anti-Jewish sentiment had been manifeste d
there at the time, including violence against Jews . As well, Israel's
Mossad secret service had been urging Egyptian Jews to migrate t o
Israel. "It's true that we encouraged the Jews to leave," one Mossa d
agent explained. "We believed that if they did not leave at once i t
would be too late. We really believed it . . . . Also the State neede d
them! '47 After the 1956 invasion, however, the bulk of Egyptian Jewr y
did leave Egypt . The government of Egypt ordered many Jews t o
leave , 4" fearing subversive acts . Egypt's fear stemmed from bombing s
carried out in Egypt in 1954 by an Israeli underground . The govern-
ment of Israel had ordered the bombings to convince Britain to kee p
its troops there and to convince the United States and Britain tha t
Egypt's nationalist president, Gamel Abdel Nasser, was a risky ally.'"
The underground agents bombed U .S. and British property in Alex-
andria and Cairo, following which they were captured and convicted .
In an Israeli court proceeding on an unrelated matter in 1960 it cam e
to light that Israeli officials had forged the name of then Defens e
Minister Pinhas Lavon on the order for the bombings . 50
The guerrilla raids and reprisal attacks continued into the r96os . In
1962 the UN Security Council condemned an IDF attack into Syri a
across the Sea of Galilee as a "flagrant violation" of Syrian territory" '
It condemned a 1966 IDF attack into the West Bank village of Samu ,
where an tar force of 4,000 in armored cars and tanks, with air sup -
port, killed fifty people, and demolished 140 buildings .52 Deploring
"the loss of life and heavy damage to property" resulting from th e
attack, the council characterized it as "a large-scale and carefull y
planned military action ." It said "that actions of military reprisa l
cannot be tolerated," and threatened that, "if they are repeated, th e
Security Council will have to consider further and more effective
steps as envisaged in the Charter to ensure against the repetition o f
such acts .i53
Guerrilla action in the 1950" had been undertaken by smal l
groups of refugees . During that period the Palestine Arabs looke d
primarily to Arab states to secure their return to Palestine . In 196 4
the Arab states formed the Palestine Liberation Organization (ELo) . 54
It asserted a right to use "all possible means to retain their huma n
dignity and restore their usurped rights!' 55 In the early 196os a group
of Palestine Arab refugees formed another organization, called the
158 1967 War, West Bank, Gaza Stri p
Palestine National Liberation Movement .56 Better known by its acro -
nym, Fatah, this group thought reliance on the Arab states was unre-
alistic and therefore the Palestine Arabs would have to conduct thei r
own military operations against Israel . In 1965 Fatah began raids int o
Israel against weapons depots and IDF patrols .57 Egyptian Presiden t
Nasser declared the military action premature, and Arab state s
impeded Fatah operations .i8
In April 1967 the 1m undertook cultivation of land in the demilita-
rized zone along the Israel-Syria armistice agreement . Israel claime d
sovereignty in the portion of the demilitarized zone that fell on it s
side of the 1949 armistice line, which ran through the middle of th e
zone. Syria protested that claim of sovereignty as a violation of th e
armistice agreement .59 The Security Council had previously agree d
with Syria on this point and had criticized Israel for activities it ha d
undertaken in the zone . 6 ° To stop the cultivation, Syria attacked into
the demilitarized zone April 7, and Israel subsequently retaliated . 61
These border incidents continued, 62 and General Itzhak Rabin ,
as Israel's chief of staff, declared Israel's security dependent on th e
overthrow of the Syrian government .C3 On May 11 Prime Ministe r
Levi Eshkol said in a speech that "in view of the fourteen incident s
of the past month," Israel "may have to adopt measures no less dras-
tic than those of April 7 ." 64 On May 13 Eshkol said in a radio inter-
view that "the focal point of the terrorists is in Syria, but we hav e
laid down the principle that we shall choose the time, the place an d
the means to counter the aggressor .i65 Syria complained to the Secu-
rity Council about these threats .66 The threats may have been mad e
for domestic political purposes, C7 but Israeli officials repeated the m
in private to journalists and to Soviet diplomats, thereby making th e
threats appear to Arab leaders as serious .68 Israel apparently meant
the threats . 69
Syria sought help from Egypt, with which it had a mutual defens e
agreement, exaggerating the level of Israeli troop activity near th e
Israel-Syria armistice line .73 These exaggerations were repeated t o
Egypt by the USSR in an apparent effort to influence Egypt to make a
show of force to protect Syria .'t The UN Truce Supervision Organiza-
tion investigated and reported that there was no Israeli troop buildup
near Syria . 72 But President Nasser became convinced by the Sovie t
warning that an Israeli attack on Syria was imminent . 73
War Always on the Horizon 15 9
Tanks were absent from Israel's May 15 Independence Day parade
in Jerusalem, 74 which suggested they were being massed for a n
i attack/5 The Soviet government stated that "Israeli forces, drawn u p
to the Syrian border, have been put in a state of battle readiness .i76
The Soviet misapprehension may have been based in part on leaks b y
the Israeli government to the USSR that Israel was in fact planning t o
attack Syria . 77
On May 16 Egypt asked the United Nations to move the UNEF, and th e
uN commander said the request was for withdrawal of "all UN troops
which install ors [observation posts] along our borders" Secretary -
General U Thant requested clarification78 and said that Egypt requested
total withdrawal, 79 specifically from Sharm el-Sheikh, which com-
mands the entrance to the Gulf of Aqaba, through which Israel ha d
access to its southern port of Eilat . 80 "I pointed out," said Thant,
"that if the intention were a temporary withdrawal of UNEF from th e
armistice demarcation line, the request was 'unacceptable ; " and "that
UNEF 'cannot now be asked to stand aside in order to become a silen t
and helpless witness to an armed confrontation between the parties .'
If complete withdrawal were intended, and if that intention were prop -
erly communicated to me, I would have 'no choice but to order th e
withdrawal of UNEF from Gaza and Sinai as expeditiously a s
possible .irs ' But Nasser later said he had asked for withdrawal "only
from a part of the border running from Rafah to Eilat," but not "fro m
Gaza and Sharm el-Sheikh, which controls the entrance to the Gulf .°82
According to General Rabin, Nasser had requested the UNEF with-
drawal "only from the portion of the border from Rafah to Kuntilla,
and he suggested that the uN soldiers be regrouped at Gaza and a t
Sham el-Sheikh ." But "unfortunately," according to Rabin, "Than t
made him choose—to keep the international force at all their posi-
tions or, on the other hand, to request their total and definitiv e
withdrawal .i83 On May 18 Egypt requested total withdrawal . 84 Nas-
ser said in a 1970 interview that Thant "decided to withdraw all th e
'blue hats,'" thus "forcing me to send Egyptian forces to Shar m
el-Sheikh .i85 Thant appears to have led Nasser to make a request fo r
total withdrawal . 86
Israel said that Egypt requested the withdrawal to initiate wa r
with Israel . But Indar Jit Rikhye, the UN commander, reported tha t
Egypt gave as its reason that it contemplated "action against Israel,

160 1967 War, West Bank, Gaza Strip
the moment it might carry out any aggressive action against an y
Arab country."' Thant proposed the United Nations arrange a set-
tlement . Egypt accepted the idea, but Israel rejected it ."s Thant aske d
Israel to accept the UNEF on its side of the 1949 armistice line . Israel
declined .' "If only Israel had agreed to permit uNEF to be statione d
on its side of the border, even for a short duration," wrote Thant, "th e
course of history could have been different . Diplomatic efforts to aver t
the pending catastrophe might have prevailed ; war might have bee n
averted .i90 While Israel's rejection of Thant's offer has been attrib-
uted to the inefficacy of the UNEF being stationed on Israel's side o f
the armistice line, 9 " the more probable inference is that Israel wa s
not concerned about an Egyptian attack 92 and that the UNEF with-
drawal "did not constitute a serious threat to Israel's security ."93
22
Mortal Danger?
The 1967 Israel-Arab War
Appearances often are deceiving .—Aesop, The Wolf in Sheep's Clothing
As tension grew, Israel announced a full military mobilization o n
May 19, including a call-up of its reserves .' On May 22 Egypt an-
nounced that it would close the Straits of Tiran to Israeli-flag vessel s
and to any vessels carrying strategic goods to Israel .' The Straits of
Tiran led into the Gulf of Aqaba, which provided access to Israel' s
southern port of Eilat . Egypt said its purpose was to prevent Israe l
from transporting strategic goods it might use in an attack on Syria .
It cited Israel's threats against Syria and the presumed Israeli troo p
buildup facing Syria .' Egypt took the decision because of the remova l
of the UNEF from Sharm el-Sheikh, evidently concerned that with
the UNEF gone, Israel might transport strategic goods to Eilat .'
Citing the Egyptian action, Israel said it faced "economic stran-
gulation ." But Egypt did not restrict non-Israeli-flag vessels carrying
nonstrategic materials, or Israeli-registered vessels chartered to a
non-Israeli carrier .' During the two years preceding June 1967 no
Israeli-flag vessel had used the port of Eilat .6 Most of Israel's com-
merce used Mediterranean ports .' The most significant cargo fo r
which Israel used Eilat was oil, which was carried on non-Israeli fla g
vessels .' This would have constituted the major detriment to Israe l
from the closure.
Egypt at this time also moved troops toward the Israel-Egypt armi -
stice line. Its aim, it declared, was to deter Israel from attackin g
Syria.9 On May 22 General Rabin reported to Israel's cabinet tha t
the Egyptian forces were in a defensive posture, that they were no t
being deployed to attack .'° The 1DF concluded that Nasser meant t o
i ntervene in case of an Israeli attack against Syria . " U.S. intelligenc e
likewise did not expect Egypt to attack in the absence of an Israel i

162 1967 War, West Bank, Gaza Strip
invasion of Syria . On May 26 the United States communicated tha t
assessment to Israel .'' On May 20 Jordan concluded a defensive treat y
with Egypt, and on June 3 Egypt withdrew some of the troops fro m
the Israel-Egypt armistice line .'" Egypt's belief that Israel might attac k
Syria had apparently motivated its troop concentration, its reques t
for UNEF withdrawal, and its closure of the Straits of Tiran to Israel i
shipping . "
On June 4 the cabinet of Israel authorized an invasion of Egypt .' ;
On the morning of June 5 Israel's air force bombed Egyptian aircraf t
on the ground at their bases, destroying 300 of Egypt's 340 comba t
aircraft .' At the same time Israel sent ground troops through th e
Gaza Strip into the Sinai Peninsula .'' Israel's attack, which took Egyp t
by surprise, followed a long and well-rehearsed plan . 18 "Sixteen years '
planning had gone into these initial 8o minutes," said Brigadie r
Mordechai Hod, commander of Israel's air force . "We lived with th e
plan, we slept on the plan, we ate the plan . Constantly we perfecte d
it i19
Jordan retaliated later in the morning of June 5 with shelling i n
the Jerusalem area 20 and made air strikes farther into Israel .' In so
doing, Jordan acted in response to Israel's attack on Egypt in exercis e
of the right of collective self-defense permitted under Article 51 of
the UN Charter.22 On June 5 the United States sent Israel ammuni-
tion and jet fighters .' Although the United States did not acknowl-
edge a direct role in the fighting, it sent reconnaissance aircraft tha t
traced nighttime movement of Egypt's ground troops to facilitate day -
time Israeli air attacks on them .24 The Egyptian troops were forced
to move at night because, with their air force destroyed, they had n o
protection against air strikes .25 The air strikes were important in Isra-
el's rapid victory.26
Israel's air force attacked Jordan's and Syria's aircraft in the man-
ner it had done to Egypt's and by the evening of June 5 it had destroye d
the air warfare capacity of all three .27 Messages intercepted by a U .S .
intelligence ship—according to Wilbur Crane Eveland of the Centra l
Intelligence Agency—indicated that Israel did not plan to limit it s
attack to Egypt .2s Israel intercepted and "doctored" Egypt's commu -
nications to Jordan and Syria, Eveland said, to make them believ e
Egypt had repelled Israel's invasion. 79 Israel apparently wanted th e
Arab states to believe they had a chance to win, so they would con-
tinue fighting .30
1967 Israel-Arab War 16 3
By the time a cease-fire was effected June 8 Israel had taken th e
West Bank, the Gaza Strip, and the Sinai Peninsula . "' On June y Israel
attacked Syria, which had shelled targets in Israel June 5–8 but ha d
not otherwise engaged in the war. 32 After occupying Syria's Gola n
Heights, Israel stopped its attack June to, under pressure from th e
United States .
In the Security Council on June Egypt charged Israel wit h
aggression,33 as did the USSR .34 But Israel claimed that Egypt had
struck first . It told the council that "in the early hours of this morn-
ing Egyptian armoured columns moved in an offensive thrust against
Israel's borders. At the same time Egyptian planes took off from
airfields in Sinai and struck out towards Israel . Egyptian artillery in
the Gaza Strip shelled the Israel villages of Kissufim, Nahal-Oz an d
Ein Hashelosha . Netania and Kefar Yavetz have also been bombed .
Israeli forces engaged the Egyptians in the air and on land, and fightin g
is still going on .i3s
The next day Foreign Minister Abba Eban repeated this versio n
of events to the council. "On the morning of 5 June, when Egyptia n
forces engaged us by air and land, bombarding the villages of Kissufim ,
Nahal-Oz and Ein Hashelosha," he said, "we knew that our limit o f
safety had been reached, and perhaps passed . In accordance with it s
inherent right of self-defence as formulated in Article 51 of the Unite d
Nations Charter, Israel responded defensively in full strength ." Eban
said that "approaching Egyptian aircraft appeared on our rada r
screens .i'" Eshkol, in a speech to the Knesset, said that the "exis-
tence of the Israeli state" had "hung in the balance .i37
In fact, Egypt had not attacked by land or air and none of it s
aircraft had approached Israel . Neither the Security Council nor th e
General Assembly could take a stand on the hostilities . The Unite d
States, according to President Lyndon Johnson, was aware that Israel
had initiated the hostilities,"" but it supported Israel's claim tha t
Egypt had attacked it . With its permanent members split on the issue ,
the Security Council condemned neither side for aggression . Th e
General Assembly on July 4 defeated a Soviet-proposed resolutio n
that would have named Israel the aggressor .39
On July 7 Eshkol acknowledged that Israel had struck first, aban -
doning Israel's position that Egypt had initiated the hostilities . But
Eshkol said Israel's attack had been a "legitimate defense," in antici-
164 1967 War, West Rank, Gaza Stri p
pation of an Egyptian attack on Israel' Israel argued that the " mas-
sive concentration of Arab forces on Israel 's borders " endangered "its
very existence ."4'
To support its view that Egypt had been about to attack it, Israe l
cited Egypt's request for the departure of the UNEF, its closure of th e
-Straits of Tiran, its positioning of troops near Israel, its May 3o alli-
ance with Jordan, and verbal threats by President Nasser .42 Israel' s
change of argument created skepticism about both its versions of th e
facts . "At first Israel claimed that the Arab armies had attacked he r
first," wrote Michael Akehurst . "If this Israeli claim is false, why di d
Israel tell a lie? i43 But Israel's assertion it was about to be attacke d
was widely accepted . 44
Various Israeli officials said later, however, that Israel had not i n
fact anticipated an imminent attack by Egypt when it struck Jun e
5 .45
General Rabin, consistent with his reports to the cabinet in Ma y
1967, said, "I do not believe that Nasser wanted war . The two divi-
sions he sent into Sinai on May 14 would not have been enough t o
unleash an offensive against Israel . He knew it and we knew it ."'
Rabin said Nasser massed troops to deter an attack by Israel on Syri a
to appear as "the savior of Syria and thus win great sympathy in th e
Arab world!' Rabin said the forces Nasser sent into Sinai May 20—2 2
were not planning an offensive against Israel .47
General Matitiahu Peled, a member of Israel's general staff dur-
ing the 1967 war, said that "the thesis according to which the dange r
of genocide weighed on us in June 1967, and that Israel struggled for
its physical existence is only a bluff born and developed after th e
war.i4" Peled confirmed that Rabin had told the cabinet Egypt ha d
not planned to attack . "Our General Staff," he said, "never told th e
government that the Egyptian military threat represented any dange r
to Israel.'
Ezer Weizman, chief of the general staff branch, said that ha d
Egypt attacked, Israel would have defeated it— "maybe thirteen hour s
would have been needed instead of only three—that Jordan had of-
fered little opposition, and that Syria posed no "real threat," which i s
why Israel waited "three days before attacking it" 50 Weizman said
that "a country does not go to war only when the immediate threa t
of destruction is hovering!' Explaining Israel's decision to strike, h e
said, "We entered the Six-Day War in order to secure a situation i n
which we can manage our lives as we see fit without external pres -
1967 Israel-Arab War 165
sures ." He called the 1967 war "a direct continuation" of the 194 8
war.s '
Menachem Begin, when prime minister, said that "the Egyptia n
Army concentrations in the Sinai approaches do not prove that Nas-
ser was really about to attack us . We must be honest with ourselves .
We decided to attack him ." Begin gave an analysis similar to Weizman' s
of Israel's motive . He said Israel's aim was to "take the initiative an d
attack the enemy, drive him back, and thus assure the security o f
Israel and the future of the nation .iS2
Even if Israel had expected Egypt to attack, it is not clear a preemp-
tive strike is lawful .53 The UN Charter, Article 51, characterizes arme d
force as defensive only if it is used in response to an "armed attack! '
Most states consider this language to mean that a preemptive strik e
is unlawful. 54 India, for one, asserted in General Assembly discus-
sion of the June 1967 hostilities that preemptive self-defense is no t
permitted under internationallaw 55 Most authorities agree with tha t
view,S6 though some say force may be used in anticipation of an attac k
that has not yet occurred but is reasonably expected to occur immi-
nently 57 Israel did not face such a situation .
Israel also claimed that Egypt's partial closure of the Straits of Tiran
gave it a right to use force against Egypt ." It called the closure an
"armed attack" against Israel . In the UN General Assembly Eban sai d
that blockades are "acts of war. To blockade, after all, is to attempt
strangulation .i59 A blockade, to be sure, is an aggressive act .60 But
from Egypt's viewpoint the purpose was to keep Israel from gettin g
strategic material it might use to invade Syria ."
It is doubtful Egypt's action of May 22 was a blockade as tha t
term is generally understood . The navigable channel through th e
Straits of Tiran is only one mile from Egypt's shore, well within it s
territorial waters . No state had ever been deemed to have set up a
blockade for stopping foreign shipping in its own territorial waters .
Israel also said that all states enjoyed a right under customar y
international law to passage through the Straits of Tiran and Israe l
was entitled to use force to secure passage . Egypt denied the exis-
tence of any such customary law right ." It argued that Egypt an d
Israel had been in a state of war since 1948 and that, as a result ,
Egypt was not required to afford Israel rights to which Israel might


166 1967 War, West Bank, Gaza Strip 1967 Israel-Arab War 16 7

have been entitled in peacetime .' Israel contended that the 194 9 Egyptian refusal to permit passage would give rise to a dispute whos e
Israel-Egypt armistice had terminated the state of war ." But an armi- resolution would need to be sought by peaceful means . "' The closure
stice, according to the accepted view, does not terminate a state o f is not an "armed attack ." Further, under the doctrine of proportion-
war." The Israel-Egypt armistice, in particular, had not been viewed ality in use of force, even if Israel had the right to use force, it woul d
as having terminated the state of war between the two .6" And th e have had to use only enough to secure its right of passage . It is
right to exclude a belligerent's shipping, justifiable as a war measur e, not clear Israel would be entitled to undertake a full-scale invasio n
continues even after an armistice .' of Egypt .
Israel argued that no state of war existed with Egypt on the addi -
tional theory that a state of war between two UN member states i s
impossible, since the charter prohibits aggressive war .' Most state s
reject that view, however, as it would mean that when two states
fight, no law would govern the hostilities ."'
Egypt also argued in defense of its action that the Straits of Tiran
was not in fact a strait and, therefore, it did not have to permit ves-
sels of other states to pass through . It said that only a passage betwee n
two areas of the high seas is a strait ." The Straits of Tiran lead from
the high seas into a bay, the Gulf of Aqaba ." The 1958 Geneva Con-
vention on the Territorial Sea and Contiguous Zone had define d
"strait" to include a passage between the high seas and a bay, 72 bu t
Egypt had refused to sign the convention, precisely because of tha t
provision.
The question of a right of passage through the Straits of Tira n
had been discussed at the conference leading to the Geneva Conven-
tion . A majority of delegates said there was a right of passage throug h
them in customary international law, but others disagreed .73 U.S . sec-
retary of state John Foster Dulles conceded at the time the "plausi-
bility from the standpoint of international law" of Egypt's position . "
Arthur Dean, the head of the U.S. delegation at the Geneva confer-
ence, said the convention's position that a passage from the high sea s
to a bay is a strait was a "new rule," which was clearly aimed at th e
Straits of Tiran .75 Thus, the general view was that the convention di d
not reflect customary law on this point .'6 Saudi Arabia, which hold s
the eastern shore of the Gulf of Aqaba, argued that the gulf was a
closed or "historic" sea and, therefore, not open to passage ."That
argument was not made by Egypt and was rejected by Israel .'"
Some authorities thought Egypt had violated Israel's rights b y
its partial closure of the Straits of Tiran," while others disagreed .`
Even if Israel had a right to passage through the Straits, however, i t
was probably not entitled to attack Egypt to assert that right . The
23
DejB Vu : Israel's Contro l
of the West Bank and Gaza
To win a war is as disastrous as to lose one! We shall not survive war, bu t
shall, as well as our adversaries, be destroyed by war .
—Agatha Christie, An Autobiography, X
During the 1967 war 350,000 Palestine Arabs were displaced fro m
the West Bank and Gaza Strip,' a figure that represented 25 percent
of the population of the two areas . As the me attacked their locali-
ties, some residents fled in fear, recalling the 1948 killings,' and th e
flight was heavy from the West Bank town of Qibya, site of the 1 95 3
killings .' The Jordanian army's rapid retreat contributed to the fear ,
and in some localities the IDF forced civilians out .4
The IDF aerial bombardment led many civilians to flee . The U.S .
embassy in Jordan reported during the fighting : " IDF Air Force yes-
terday and again today hit many civilian targets on West Bank wher e
there are absolutely no military emplacements ."' Aerial bombard-
ment by the IDF caused 35,000 inhabitants of three refugee camp s
near Jericho to flee .`' Of West Bank Arabs who took refuge in Jordan ,
57 percent cited the bombardment as the reason for their departure .'
In a few situations the IDF dropped napalm on civilians,' and on refu-
gees east of the Jordan River—people who had fled from the Jerich o
area .9
In Qalqilya the IDF drove residents out by force after destroyin g
850 of the town's 2,000 houses. 1) The IDF blew up the entire village s
of Emmaus, Yalu, and Beit Nuba—near Jerusalem"—and drove th e
villagers toward Jordan . 12 Others who saw these refugees joined the m
out of fear.13 In some localities the IDF forced Arab residents ont o
trucks and drove them to the Jordan frontier, 14 in others it used loud -
speakers to order people to leave .' A uN representative relayed "per -
sistent reports of acts of intimidation by Israeli armed forces and
Israel's Control of West Bank and Gaza 16 9
of Israeli attempts to suggest to the population by loud-speaker s
mounted on cars, that they might be better off on the East Bank .."'"
In some towns soldiers fired their guns, knocked on doors, an d
searched the same houses for arms, night after night . inc officers
suggested that those with military training and their families shoul d
leave "for their own safety.i17 In some areas the IDF pointedly mad e
buses and trucks available, day after day, to transport to the Jorda n
River any Arabs who feared to remain .' At the United Nations, Israe l
denied expelling Arabs . In a note to the secretary-general on June 2 2
it stated : 'Any allegation that Israel has been expelling residents fro m
their homes and thus creating a new refugee problem is untrue . ""
As soon as Israel had secured control over the West Bank and Gaz a
Strip, Prime Minister Eshkol, referring to them as "the new areas, "
said Israel would retain them for security reasons . 21 "Be under n o
illusion that the State of Israel is prepared to return to the situatio n
that reigned up to a week ago . . . . The position that existed unti l
now shall never again return" 21 Eshkol ordered the foreign ministry
and bureau of statistics to omit the 1949 armistice lines from maps . 22
In the General Assembly Eban said, "the suggestion that everythin g
goes back to where it was before 5 June" was "totally unacceptable ."23
Information Minister Israel Galili said that Israel could not return t o
the 1949 armistice lines, that the "armies, tanks and planes of th e
United Arab Republic, Jordan, Syria and Iraq" had "nullified the armi -
stice agreements .i24 Defense Minister Moshe Dayan said that Israe l
should not "in any way give back the Gaza strip to Egypt or th e
western part of Jordan to King Hussein . "2'
While these statements might be consistent with an intent t o
return the territories as part of a future settlement, their likely mean-
ing was that Israel intended to retain them for the foreseeable future .26
General Weizman said the war had served "Zionist objectives," tha t
our national instincts led us to take advantage of it beyond the imme -
diate military and political problems it came to solve" 27 Accordin g
to Eban, Israel had anticipated Jordan's defense of Egypt because o f
the two countries' May 30 treaty of defense .28 Jordan's minister of
Information, Abdel-Hamid Sharaf, had declared on June 4 that Jordan
would fight Israel if Israel invaded Egypt .2S For Israel, attacking Egyp t
thus opened the prospect of taking both the Gaza Strip and the Wes t
Bank and thereby securing the portion of Palestine eluded in 1948 .

170 1967 War, West Bank, Gaza Strip
Mordecai Bentov, a cabinet minister who attended the June 4 cabine t
meeting and supported the decision to invade Egypt, 30 said Israel' s
"entire story" about "the danger of extermination" was "invented o f
whole cloth and exaggerated after the fact to justify the annexatio n
of new Arab territories X3 1
Many Israeli leaders considered the West Bank and Gaza a par t
of Israel it should have taken in 1948 . 32 For Itzhak Shamir, a forme r
LEHI leader and future prime minister, the war was "a historical an d
revolutionary turning point" in Jewish history that "put the stamp o f
permanency on the state's borders ." He continued, "a fragmente d
country with fragile borders and a divided capital became a stabl e
nation with a reasonable defence capacity, with its eternal capita l
united."33 Supreme Court Judge Moshe Silberg said, "Something hap -
pened in June 1967 in Israel . Under the rushing noise of the wings o f
history, in the cruel storm of war, a sudden encounter took plac e
between the people and the land .i3 4
As after the 1948 war, the government began to settle Israelis i n
the newly acquired territory. In September the World Zionist Organi -
zation founded the first settlement .35 "No political victory, no proc-
lamation," it declared, "can convert these territories into Jewish ter-
ritories if they are not settled by Jews ." 36
The UN Security Council called for a cease-fire in the 1967 hostili-
ties, but as a result of the position taken by the United States it di d
not issue a clear call to Israel to withdraw 37 In November 1967, in its
Resolution 242, the council asked Israel to withdraw but in the con-
text of an envisaged general settlement with Arab states 38 The Unite d
States blocked an alternative resolution proposed by Latin America n
states to make an unconditional call on Israel for withdrawal .39 I n
the drafting of Resolution 242 it blocked the placement of the wor d
"the" before "territories" from which Israel was to withdraw, thereb y
leaving it unclear whether withdrawal was to be from all the territo-
ries it had occupied, or only from some portion . 4o
By conditioning Israel's obligation to withdraw on recognitio n
of Israel by the Arab states, the Security Council in effect made th e
attainment of self-determination by the Palestine Arabs contingen t
on acts by others . This was a dubious approach since the exercise o f
a right cannot be conditioned on acts that may or may not be take n
by a group of states . The International Court of Justice said as much
Israel's Control of West Bank and Gaza 17 1
when it ruled on the question of whether member states of the Unite d
Nations could vote against the admission of new states as member s
on the ground that they wanted other states to be admitted as part o f
a package. The court said admission was a right for a state satisfyin g
the criteria set in the UN Charter and, therefore, a member state coul d
not make an affirmative vote conditional on other considerations .4 1
Viewed from another perspective, Resolution 242 sought to forc e
Arab states to recognize Israel's control over the territory inside th e
1949 armistice lines in exchange for Israel's withdrawal from the Gaz a
Strip and West Bank.42 Syria criticized Resolution 242 for neglecting
"the uprooted, dispossessed people in exile .i43 The Organization o f
African Unity said Resolution 242 failed to guarantee the rights t o
which the Palestinian people are entitled . 44
Since Resolution 242 called on Israel to withdraw from the Wes t
Bank and Gaza Strip, but from no further territory, it was interprete d
by some as an implied recognition of Israel's sovereignty within th e
1949 armistice lines . "It would appear," wrote Konstantin Obradovic ,
"that the international community has tacitly resigned itself to th e
fruits of the 1948 conquest remaining finally in Israeli hands ,
although in strictly legal terms, that should obviously not be th e
case ." 45
It is questionable, however, that Resolution 242 had this effect .
Resolution 242 sought to deal with the recent hostilities and did no t
address the question of Israel's borders . The Security Council adopte d
Resolution 242 under Chapter 6 of the UN Charter, which gives it th e
power to recommend solutions for disputes .4C The council did no t
act under Chapter 7, which gives it the power to make decision s
binding on member states to resolve breaches of the peace .47 Thus ,
whatever its meaning, Resolution 242 was not binding on uN mem-
ber states .
In any event, in 198o the Security Council issued an unconditiona l
call on Israel to withdraw from the Gaza Strip and West Bank .
"Reaffirming that acquisition of territory by force is inadmissible," i t
referred to "the overriding necessity to end the prolonged occupatio n
of Arab territories occupied by Israel since 1967, including Jerusa-
lem .i48 The General Assembly also called for unconditional with-
drawal . It said that "the acquisition of territory by force is inadmissi-
ble" and that "Israel must withdraw unconditionally from all the
172 1967 War, West Bank, Gaza Stri p Israel's Control of West Bank and Gaza 17 3

Palestinian and other Arab territories occupied by Israel since 196-1
including Jerusalem .i49 The UN Commission on Human Rights char-
acterized the occupation from a human rights perspective as "a fun _
damental violation of the human rights of the civilian population o f
the occupied Arab territories .iS0
After the 1967 war Israel treated east Jerusalem differently from th e
rest of the West Bank . The Knesset quickly adopted a law statin g
that "the law, jurisdiction and administration of the state" of Israe l
"shall extend to any area of Eretz Israel designated by the Govern-
ment by order."' Using this law, the government declared Israeli la w
applicable to an area that included east Jerusalem, plus adjacent Wes t
Bank territory of approximately equal size .J2 The government merge d
this newly enlarged east Jerusalem area with west Jerusalem .' Justi-
fying the incorporation, Eshkol said, "Israel without Jerusalem i s
Israel without a head .i54 The action was condemned by the UN Secu-
rity Council and General Assembly as annexation and, therefore, a
violation of the rights of the Palestine Arabs .5$ The annexation of eas t
Jerusalem was not recognized by other states and was condemned a s
unlawful. 56 In 198o the Knesset declared "Jerusalem, complete and
united" to be "the capital of Israel" The Knesset denominated thi s
law a "basic law," giving it quasi-constitutional rank .57 The Securit y
Council and General Assembly declared the 1980 law a nullity.'"
needs and that this necessity did not immediately subside .C4 But even
if Israel had responded to an imminent attack in 1967, it quickl y
eliminated any threat to itself . At that point its defensive right woul d
have ceased and it would have been obligated to withdraw . 6s
It was also asserted that Israel might lawfully retain the Gaz a
Strip and West Bank, pending a peace agreement between itself an d
the Arab states . 66 Others argued it might lawfully retain them per-
manently on the theory that Jordan had not held lawful title and ,
therefore, there was no sovereign power to whom the territories coul d
revert. Israel, it was said—particularly because it took the territorie s
defensively—had a better claim to title than anyone else . 67 That argu-
ment ignored, however, the generally recognized proposition tha t
uncertainty over sovereignty provides no ground to retain territor y
taken in hostilities . Even if Jordan held the West Bank on only a d e
facto basis, Israel could not, even acting in self-defense, acquire title .68
The argument also overlooked the fact that the Palestine Arabs as a
collectivity had a sound claim to the Gaza Strip and West Bank o n
the basis of their right of self-determination .

A number of theories were suggested to justify Israel's temporary o r

permanent retention of the West Bank and Gaza Strip, but all wer e
based on the view that Israel acted in self-defense . One theory wa s
that a state taking territory in self-defense may lawfully annex it .59
As already indicated, however, a state that uses force in self -
defense may not retain territory it takes while repelling an attack .60
If Israel had acted in self-defense, that would not justify its retentio n
of the Gaza Strip and West Bank .61 Under the UN Charter there ca n
lawfully be no territorial gains from war, even by a state acting i n
self-defense .62 The response of other states to Israel's occupatio n
showed a virtually unanimous opinion that even if Israel's actio n
was defensive, its retention of the West Bank and Gaza Strip wa s
nOt. 63
Another thesis was that Israel's taking of the West Bank an d
Gaza Strip was necessary and proportional in relation to its securit y

24
More Land : Confiscation
and Settlement s
The right of conquest has no foundation other than the right of the stronges t .
—Jean-Jacques Rousseau, Social Contract
After taking the Gaza Strip and West Bank in 1967, the governmen t
of Israel replicated there many of the policies it had used since 194 8
to acquire land .' It applied the same land confiscation laws . ' The
Jewish National Fund began acquiring land in the Gaza Strip an d
West Bank in conjunction with the government .' In addition, and
unlike its system inside the 1949 armistice lines, the governmen t
authorized individual Israelis to buy land in the West Bank and Gaz a
Strip .' Through confiscation and purchase, Israeli interests acquire d
half the land area of the Gaza Strip and West Bank . Added to the lan d
taken within the 1949 armistice lines, this gave Israel the ownershi p
of 85 percent of the land area of Palestine ." Thus "the Zionist move-
ment," said Meron Benvenisti, an Israeli former vice-mayor of Jeru-
salem, had "achieved its maximum territorial goal : control over th e
entire area of Mandatory Palestine ." ('
Israel referred to the Gaza Strip as Gaza District and to the Wes t
Bank by the ancient names of Judea for the sector around Jerusalem ,
and Samaria for the northern sector.' Development planning wa s
undertaken jointly by the government and the World Zionist Organi -
zation . In 1983 the organization and the ministry of agriculture jointl y
prepared the Master Plan and Development Plan for Settlement i n
Samaria and Judea ." The organization and the Jewish Agency finan ced
and organized civilian settlements .' The Jewish National Fund buil t
roads to service the settlements and to facilitate troop movement . '
The Master Plan envisaged the eventual incorporation of the Wes t
Bank into Israel, aiming "to disperse maximally large Jewish popul a-
tion in areas of high settlement priority, using small national inpu ts
and in a relatively short period by using the settlement potential of
Confiscation and Settlements 17 5
the West Bank to achieve the incorporation [of the West Bank] int o
the [Israeli] national system ." 1
'
In a court action challenging the construction of a settlement i n
the West Bank, the Supreme Court of Israel said that the cabinet, i n
approving the settlement, was "decisively influenced by reasons stem -
ming from the Zionist world-view of the settlement of the whol e
land of Israel ." Judge Moshe Landau cited an affidavit of the attorne y
general that quoted Prime Minister Menachem Begin as affirmin g
"the Jewish people's right to settle in Judea and Samaria ." Judge Lan -
dau said this "view concerning the right of the Jewish people" wa s
"based on the fundamentals of Zionist doctrine .."' Governmen t
officials said that settlement construction was aimed at creating a
presence to prevent the Palestine Arabs from forming a state . 1 " In
promoting settlement the government also sought to use the settle-
ments as physical obstacles to separate Arab towns from one anothe r
and to decrease the possibility of united political action against th e
occupation . " In the 198os the government was allocating $30o mil -
lion annually for settlement construction and maintenance .' "
In a court case over its right to take private land to build a settle -
ment, the government said in an affidavit that the establishment o f
the projected settlement was
"part of the security conception of the Government which base s
the security system inter alia on Jewish settlements . In accord-
ance with this concept all Israeli settlements in the territorie s
occupied by the mmF constitute part of the IDE ' S regional defenc e
system . . . . In times of calm these settlements mainly serve th e
purpose of presence and control of vital areas, maintainin g
observation, and the like . The importance of these settlement s
is enhanced in particular in time of war when the regular arm y
forces are shifted, in the main, from their bases for purposes o f
operational activity and the said settlements constitute the prin-
cipal component of presence and security control in the areas i n
which they are located ."'6
Supreme Court Judge Alfred Witkon justified the establishmen t
of settlements on confiscated Arab land on the ground that "Jewis h
se ttlements in occupied territories serve security needs" and aid th e
tD F• " Terrorist elements," he said, "operate with greater ease in a n
area solely inhabited by a population that is indifferent or sympa-
thizes with the enemy, than in an area in which one also finds peopl
e

176 1967 War, West Bank, Gaza Strip
likely to observe the latter and report any suspicious movement t o
the authorities .."' 7
The Supreme Court of Israel upheld one confiscation of a trac t
of privately owned land after the ministry of defense said the purpos e
was to form a defensive line of three settlements to protect the Te l
Aviv airport . The settlement, the ministry claimed, would permi t
observation of the airport and deployment of military forces . Th e
area was near an important junction that might serve as an alternat e
route from Tel Aviv to Jerusalem and a settlement there could pro-
tect road traffic during unrest in the West Bank .' s
In one instance the Supreme Court ruled illegal the construc-
tion of a projected settlement, to be called Elon Moreh, on privat e
land confiscated for that purpose . The military government of th e
West Bank, supporting the settlement, argued that it would promot e
security. The settlers, however, told the court their purpose was t o
assert a territorial claim to the West Bank . The objective of the set-
tlers undermined the claim of the military government, and as a resul t
the court ruled the settlement illegal .' 9
Just as in the 19305 the Jewish Agency settled land in preparation fo r
statehood, so after 1967 the government of Israel settled the Gaza Stri p
and West Bank as a step toward permanent control . In the West Bank it
elaborated a strategy for locating settlements . The Labor Party, which
held power in 1967, developed a plan to build settlements in strate-
gic locations, and the first area to be settled was the Jordan Valley ,
which forms the eastern border of the West Bank .2" Settlement ther e
placed Israelis between Jordan and the West Bank's Arab population .
The Likud Party, which came to power in 1977, took a broade r
view of settlements . The Likud was more explicit in declaring th e
West Bank to be a part of Israel . It asserted the right to establis h
settlements at any location in the West Bank, on the ground that i t
formed part of Eretz-Israel, over which it asserted Israeli sovereignt y.
On the issue of possible annexation by Israel of the West Bank, th e
Likud prime minister, Menachem Begin, said, "you can annex for-
eign land. You cannot annex your own country . Judea and Samaria,"
he said, "are part of the land of Israel, where the nation was born . "''
Itzhak Shamir, who succeeded Begin as prime minister in 19 8 3 ,
pledged in his inaugural speech to continue what he called the "hol Y
work" of settlement in the West Bank .22
Confiscation and Settlements 177
Israel's land acquisition and settlement activity in the West Ban k
and Gaza Strip created "an elaborate network of vested interests!' "
The International Commission of Jurists, citing the "permanent char-
acter" of many of the settlements and " pronouncements of Israeli
leaders to the effect that they are permanent," viewed the settlement s
as "a step towards eventual assertion of sovereignty over the territo-
ries or part of them ." It said this policy violated the self-determinatio n
right of the Palestine Arabs . 24 Despite the desire to assert permanen t
control, many in Israel were concerned that if Israel annexed th e
West Bank and Gaza Strip, the Jewish majority in Israel's populatio n
would be reduced so substantially as to threaten the Jewish characte r
of Israel . 75
Though the Supreme Court of Israel found most of the settlement s
to be legal, other states considered them unlawful . The internationa l
community held Israel, in its administration of the West Bank an d
Gaza Strip, to the standards set by human rights law and by the la w
of belligerent occupation . The law of belligerent occupation, some -
times called humanitarian law, applied since Israel had come int o
control of the West Bank and Gaza Strip through hostilities . The law
of belligerent occupation provides a variety of protections for an occu -
pied population, while ceding to the occupying power the right t o
protect its temporary tenure . The principal embodiment of the la w
of belligerent occupation is the 1949 Geneva Convention Relative t o
the Protection of Civilian Persons in Time of War, to which Israe l
and the neighboring Arab states are parties .26
The Geneva Convention requires an occupying power to chang e
the existing order as little as possible during its tenure . One aspec t
of this obligation is that it must leave the territory to the populatio n
it finds there . It may not bring in its own people to populate th e
territory This prohibition is found in the convention's Article 49 ,
which states : "The Occupying Power shall not deport or transfer part s
of its own civilian population into the territory it occupies ." On th e
basis of Article 49 many states criticized Israel for establishing an d
maintaining the settlements . Israel responded that the settlers them-
selves had established the settlements and, therefore, it had no t
" transferred" its own people . To that it was replied that Israel funded
the settlements and that it had used the MF to establish many of
them . One particular use was that the government placed many recent

178 1967 War, West Bank, Gaza Strip
immigrants in the settlements . In 1987 the UN Human Rights Com-
mission criticized it for the "settlement of alien populations brough t
from other parts of the world in the place of the original Palestinia n
owners of land .i27
Israel also argued that the Geneva Convention was not applicabl e
to its administration of the West Bank and Gaza Strip . It pointed ou t
that Article 2 of the convention refers to the territory of a High Con-
tracting Party and said that this means the convention applies only
to territory lawfully held by a contracting party. Jordan did not hav e
good title to the West Bank and Egypt did not have good title to th e
Gaza Strip .'" However, it would apply de facto those provisions of th e
convention it deemed "humanitarian!' The Supreme Court of Israe l
followed that position, applying certain provisions of the conventio n
but not others .29 It did not find Article 49 to be a "humanitarian"
provision .
Israel's view that the Geneva Convention did not apply to it s
occupation of the Gaza Strip and West Bank was rejected by othe r
states . They argued that, according to Article 1 of the convention, i t
applies "in all circumstances," and, according to Article 2, it applies
to "all cases of declared war or of any other armed conflict!' All state s
that indicated a view on the matter, other than Israel, found the con-
vention to be applicable to Israel's occupation of the Gaza Strip an d
West Bank .30
An earlier treaty on belligerent occupation is the Hague Regula-
tions of 1907 .31 Article 46 of the Hague Regulations states that pri-
vate property should not be confiscated . Much of the land confiscate d
in the West Bank and Gaza Strip was taken from private persons .
While Israel is not a party to the regulations, they are generally take n
to reflect the customary law of nations and, therefore, to be binding
on all states . Israel concurs that the Hague Regulations are bindin g
as customary law 32 After the Supreme Court in the Elon Moreh cas e
said that private West Bank or Gaza Strip land could not be confiscat ed
in the absence of a security justification, the government began
confiscation of nominally state-owned land . Much of the land of th e
West Bank was under a tenure system that was in a technical sens e
state ownership, though individual families had occupied the lan d
for generations and, so long as they paid taxes on it, were conside re d
its owners . 33
Confiscation and Settlements 17 9
In 1978 Israel concluded a treaty with Egypt, the Camp David agree-
ment, that required Israel to return the Sinai Peninsula to Egypt .34
The agreement also made provision for the West Bank and Gaza Strip ,
calling for limited autonomy for the Arab population, a continue d
Israeli military presence, and a prohibition against any Palestinia n
military force ."' It contemplated, as construed by Israel, permanen t
control by Israel of the West Bank and Gaza Strip .36 The West Ban k
and Gaza population rejected the Camp David agreement, on th e
grounds they had had no role in its elaboration and it did not con -
template self-determination . The UN General Assembly agreed tha t
the agreement violated the Palestine Arabs' right to self-determina-
tion .37 The agreement was criticized for tending to preserve Israel' s
control in such a way it would not be forced to bring the two popula-
tions into its own political system .3s It strengthened Israel's tenure
in the territories, it was said, by splitting Egypt politically from th e
other Arab states, thereby freeing Israel to take stronger measure s
against the Palestine Arabs in the West Bank and Gaza Strip .39
Israel's military government in the West Bank and Gaza Stri p
was comparable in many respects to the military government it ha d
established after 1948 in its own Arab-populated sectors . Rule wa s
by military decree and direct control was exercised by military per-
sonnel . Court cases went to military tribunals . Israel did not allo w
the West Bank or Gaza Strip population any territory-wide governance ,
though it did to a limited extent at the local level . In the Gaza Stri p
it permitted no elections for local positions, 40 but in the West Bank
it permitted local elections in 1972 and 1976, though it cancelle d
subsequent elections because it feared more strongly nationalis t
candidates would be elected . "If we let them run for elections," sai d
the military governor, General Benjamin Ben-Eliezer, in 1981, "the
result would be very clear—once and for all to bury the Cam p
David peace process .."4 ' The government dismissed a number o f
n ationalist-oriented mayors elected in 1976 and expelled several
others .42
Israel also did not allow any governing institutions for the 100,00 0
Arabs of east Jerusalem . After it incorporated east Jerusalem int o
Israel the Knesset made east Jerusalem residents eligible to vote in
Jerusalem municipal elections .43 But few did so because of their objec-
tion to the incorporation . 44
As it had done after 1948 with the Arabs under its control, the

180 1967 War, West Bank, Gaza S P Confiscation and Settlements
government tried to direct local Arab politics in the Gaza Strip an d
West Bank . In the Gaza Strip it promoted Moslem fundamentalis t
groups that opposed the Palestine Liberation Organization . The mil-
itary governor for Gaza, General Itzhak Segev, said the governmen t
gave him a budget to finance fundamentalist mosques ." The govern-
ment tried to keep aid from private outside development agencie s
from benefiting supporters of the PLO . 46
In the West Bank, Israel's military administration created a loca l
Arab political structure, separate from that of the Arab elected offi-
cials, which it called "village leagues .i47 Its purpose, reported the
U.S . Department of State, was to "transfer patronage and authorit y
from elected and established Palestinian nationalist leaders who m
Israel objects to as being supporters of the Palestine Liberation Orga -
nization ." It gave the leagues arms and financial assistance . "
The government tried, said the State Department, "to interpos e
the Leagues as an intermediary between the inhabitants and the occu -
pation authorities by refusal to accept requests for such services a s
the registration of births or marriages, building permits, bridge cross -
ing permits, and family reunion applications without the participa-
tion of the local league ." Village league members "often exacted fee s
for their services . Many West Bankers," the department reported ,
"complained that the Leagues' expanding activities undermine th e
elected Arab political structure!' 49
For its citizens who settled in the West Bank and Gaza Strip—
numbering 6 j,000 and 2,700 respectively50—the government provided
a separate system of government . It established "area councils" ove r
groups of settlements .51 To govern the settlers, the military gover-
nors issued military orders that repeated verbatim the texts of vari-
ous Israeli laws . In this way the settlers were freed from the local la w
of the West Bank or Gaza Strip with respect to education, persona l
status, health, and labor . They gained a kind of extraterritoriality 52
For most legal purposes Israeli settlers living in the West Bank o r
Gaza Strip were deemed in Israeli law to be residents of Israel , 53 rathe r
than of the West Bank or Gaza Strip . This separation resulted in sep-
arate legal regimes for settlers and for Arabs . It also curtailed th e
power of the Arab municipal authorities . Arabs continued to func -
tion under the prior existing law and institutions—which mean t
Jordanian law and courts in the West Bank and Palestinian law a nd
181
courts in the Gaza Strip—except to the extent they were supersede d
by military orders and military courts .
For lawsuits between settlers the government created courts i n
the settlements, and it made the judgments of these courts enforce -
able in courts inside the 1949 armistice lines .54 The government als o
authorized settlers to sue one another in courts inside the armistic e
lines- 55 Arab courts continued to function in the Gaza Strip and Wes t
Bank, but the settlers did not file there since the government pro-
vided non-Arab alternatives . 56 If an Arab wanted to sue a settler, th e
Arab courts would, in theory, have jurisdiction . But they had no
enforcement mechanism to compel an appearance in court by a set-
tler defendant .57
Arab police abstained from entering the settlements to investi-
gate crime or make arrests ." In criminal matters the settlers wer e
made subject to Israeli law and courts rather than to the local la w
and courts . Criminal cases against settlers are to date prosecute d
either in Israeli courts within the 1949 armistice lines, 59 in settle-
ment courts, 60 or, rarely, in Israeli military courts .61 Arab courts still
do not try settlers .62 In a 1984 directive to West Bank prosecutors an d
judges the government ordered Arab courts not to try settlers :
Reference is made to document No . 3/63 dated 11 January 1979,
in which the legal advisor has interpreted the law on the Wes t
Bank whereby it is not possible to execute judgments from Wes t
Bank courts made against holders of Israeli identity cards wh o
are living inside Israel (to include Jerusalem and its suburbs . . . .
Therefore, . . . West Bank courts should not register any crimina l
case (to include traffic cases) against holders of Israeli identit y
cards unless written authorization is obtained from me . 63
Settlers had been issued Israeli identity cards ; thus, by this directive
they were not to be tried in Arab courts . The exclusion of criminal
j urisdiction over settlers left Arabs unprotected from physical attack s
by settlers, which occurred with some frequency.64 Israeli authori-
ties rarely prosecuted the perpetrators of these attacks . "
The separation in applicable law and court jurisdiction betwee n
the settlers and the Arab populations of the West Bank and Gaz a
Strip has been characterized as "a form of legal apartheid ;' 66 sinc e
the Apartheid Convention prohibits dividing a population on racia l
lines for administrative purposes .67

25
More Hewers of Wood:
Commerce, Agriculture, and Labor
Another such victory over the Romans, and we are undone .
—Pyrrhus, King of Epirus, Plutarch, Lives
The 1949 armistice lines cut the West Bank off from Mediterranea n
ports and separated the port of Gaza from its traditional hinterlan d
in the area south of Jaffa" The expulsion of the Palestine Arabs i n
1948 left ro,000 refugees in the Gaza Strip and 400,000 in the Wes t
Bank . For Gaza that represented a doubling of its population, and i t
became one of the most densely populated areas in the world . Fur-
thermore, history would prove that neither Gaza nor the West Ban k
could incorporate this influx into their economies successfully .
As in the Galilee in the early 195os, the government's land con-
fiscations in the West Bank and Gaza Strip radically altered their
economies . "The taking of land for settlements and for military
use in the occupied territories," said the U.S . Department of State ,
"strongly affected the lives of Arab residents ." Many of them, it said ,
"had to leave farming to become day laborers ."2 They took jobs i n
Israeli settlements or inside the 1949 armistice lines .' By the IoSo s
one-third of the work force commuted to jobs inside the 1949 armi -
stice lines . '
The government let employers pay these workers lower wage s
than they paid Israelis, and they paid 20—30 percent less to Arab s
than they paid Israelis for similar work .' The Histadrut took 1 per-
cent of the salary of these guest workers but did not admit them a s
members and did not provide them services .' Israel's National Insur-
ance Law limited many employment-related benefits to residents o f
Israel : This limitation excluded Gaza and West Bank guest workers .
By Israeli regulation they were required to cross back over the arm i-
Commerce, Agriculture, and Labor 183
stiee line by woo A .M . 9 Therefore, they could not become resident s
of Israel . 1 0
The National Insurance Law provides only three benefits to work -
ers who are not Israeli residents—on-the-job injury compensation, "
wages and severance pay given in the event of the bankruptcy of th e
employer, 12 and maternity payments to a worker or to the wife of a mal e
worker. Maternity benefits, however, are conditioned on the birt h
taking place in Israel, 13 with the result that few West Bankers or
Gazans receive them, since most women give birth in their home area . 1 4
Other important benefits are conditioned on Israel residenc y
—unemployment compensation,'" off-the-job injury compensation, '
care for a long-term illness,' compensation for lower limb dysfunc-
tion, " pension payable to survivors, '4 income support where incom e
falls below a stipulated minimumj, 20 and days off for mourning an d
weddings.' Thus, the West Bank and Gaza guest workers are by law
ineligible for these benefits .
As for old-age pensions, a West Banker or Gazan working insid e
the 1949 armistice lines receives only a "retirement pension"—whic h
is quite small—but not the much larger "comprehensive pension "
since that pension is conditioned on residence in Israel . 22 To qualify
even for the retirement pension a West Banker or Gazan must wor k
at least ten years. 23 This requirement excludes many West Banker s
and Gazans since employers are not required to keep records of thei r
employment . 24
Even though the National Insurance Law limits important bene -
fits to Israeli residents, nonresident workers are assessed wage deduc -
tions as if they were eligible to receive them . 25 Thus, West Bank an d
Gaza workers are assessed wage deductions to the same extent a s
resident workers .26 This difference in treatment was characterized b y
a Hebrew University sociologist, Michael Shwartz, as an "aparthei d
practice ."2 '
The government of Israel acknowledged that West Bank and Gaz a
workers are entitled to some return for that portion of their wage de-
ductions for which they do not receive benefits. Therefore, it began t o
t ransfer a percentage of the deductions made from their salaries int o
a special fund .25 It stated that it will turn these moneys over in th e
event of a political settlement for the West Bank and Gaza Strip .29 It
refused a request from Ephraim Sneh, head of Israel's civil administra -
tion in the West Bank, that it spend these moneys in the West Bank .30

184 1967 War, West Bank, Gaza Strip
Some West Bankers and Gazans working inside the 1949 aru m
stice lines do not receive even those benefits ordinarily available t o
nonresidents . This is so because they contract for employment di-
rectly with Israeli employers, rather than through government laho r
exchanges .3' Employers do not report the employment and thus d o
not make wage deductions for benefits . Employment is arranged i n
this fashion in part because employers avoid insurance deduction s
and in part because the workers avoid the Israeli income tax and th e
Histadrut representation fee .
Although Gaza and West Bank Arabs who work inside the I94 9
armistice lines are not considered residents of Israel, the Knesse t
deemed Israeli settlers living in the Gaza Strip or the West Bank to h e
residents of Israel. Thus, whether these Israelis work inside the armi-
stice lines or in the Gaza Strip or West Bank, they qualify for th e
benefits denied to the West Bank and Gaza Arabs .32
As it had done after 1948 in Arab-populated areas, the government o f
Israel adopted policies in the West Bank and Gaza Strip that had th e
effect of obstructing Arab industrial initiatives . It closed the thirty
banks operating there, which limited access to capital for Arab entre-
preneurs.33 The lack of Arab banking facilities for credit and financia l
transactions hurt industrial development .34 The government also lim-
ited the import by West Bank and Gaza industry of capital from th e
Arab countries .35 Instead, Israeli banks began to operate in the Gaz a
Strip and West Bank, to the further detriment of Arab development .
In 1981 the government permitted the reopening of the Bank o f
Palestine in Gaza but prohibited it from dealing in non-Israel i
currencies.36 In 1986 it permitted another bank to open in Gaza37
and allowed the Jordanian Amman-Cairo Bank to open one branch i n
Nablus in the West Bank . It imposed on these banks, however, clos e
controls not used on the Israeli banks operating in the two areas :''`
In economic planning Israeli officials took the lead .39 The gov-
ernment did not let West Bank or Gaza Arabs establish any institu -
tions to set economic policy 40 or to set tariffs that might protec t
local industry.41 The government expanded West Bank roads, bu t
largely for its own security needs 42—such as a 1984 highway con -
struction plan that called for highways linking Israeli settlemen ts,
but bypassing Arab towns .43
The government invested little in the Arab economy.44 On the
Commerce, Agriculture, and Labor 185
contrary, it thwarted development projects that might make the econ-
omies of the territories more independent .' Uncertainty about th e
future political status and about the possibility of military decree s
that might impede their work made Arab entrepreneurs view invest-
ment as hazardous .46 The climate was not conducive to risk-taking .47
By an extensive system of control the government of Israel kep t
Arab industry from injuring Israeli production . Itzhak Rabin, who a s
defense minister was in charge of the West Bank and Gaza Strip, sai d
his government tried to keep West Bank and Gaza industry from com -
peting with Israeli industry.4s In actual fact, the government directe d
Arab industry to make it complement Israeli industry . It encourage d
production of goods that enjoyed a weak demand in the occupie d
territories and of goods that had a comparative advantage with th e
Israeli economy since Israel was the principal client . In industry i t
imposed production specialization through subcontracting by Israel i
firms to Arab firms .49 Subcontracting allowed Israeli firms, particu-
larly in textile and confection, to use the cheaper Arab labor ;50 but it
did not provide a stable base for the West Bank or Gaza Strip sinc e
subcontracting diminished during downswings in production ."
The government began to use the West Bank and Gaza as a pro-
tected market for Israeli manufactured goods . Through high tariffs
and rigid policies of import licensing, it ensured the marketing i n
the West Bank and Gaza Strip of high-priced and low-quality Israeli
products .52 As a result, the West Bank and Gaza soon came to receiv e
nearly all their imports from Israel. S3 At the same time a much lower
percentage of their own production was exported to Israel because o f
quotas and other restrictions the Israeli government set .54
Functioning within the Israeli economy, West Bank and Gaz a
industry could not compete since Israeli industry enjoyed substan-
tial government subsidies and credit ." It also had to compete wit h
the production of Israeli settlements in the West Bank and Gaza ,
which, like Israeli industry, was subsidized by the government .56 To
make matters worse for Arab industry, the government gave Israel i
industry financial incentives to invest in the West Bank and Gaza, "
which led to the construction of six Israeli industrial parks in th e
West Bank ; the World Zionist Organization's 1982 Plan of One Hun-
dred Thousand Settlers projected seven more industrial parks ;' and ,
finally, the government directed outside development aid away fro m
sectors that might compete with Israeli producers .'" In particular, it

186 1967 War, West Bank, Gaza Strip
made it difficult for voluntary economic-development agencies t, ;
bring in heavy equipment that might have helped Arab industry ."
A principal mechanism the military government devised fo r
directing Arab industry into desired channels was to require a licen ; c
for the establishment of any new business . As a matter of practic e, i t
did not license new Arab businesses likely to compete with Israel i
industry 6L By various regulations the government restricted the con-
struction of new factories .6" For many years it denied a permit sough t
by Arab entrepreneurs to open a cement plant in Hebron and a citru s
plant in Gaza .63 These refusals to license new businesses moved th e
UN Economic and Social Council to call upon Israel "to facilitate th e
establishment of a cement plant in the occupied West Bank and a
citrus plant in the occupied Gaza Strip ."64 The denial was apparentl y
motivated by a desire to protect Israeli producers . 65
A major industry in Gaza is fishing . The government undermine d
that industry by establishing zones in the Mediterranean Sea in whic h
it did not permit Arab trawlers to fish, 66 while Israeli fishing vessels
were allowed to fish in the same waters . It justified the regulation s
on the ground that guerrilla groups might use fishing boats t o
approach the Gaza coast . To keep the Gaza fishing industry fro m
competing with Israel's, it restricted the sale inside the 1949 armi-
stice lines of fish caught by Gaza fishing vessels .67 Most Gaza fisher-
men went out of business as a result of these restrictions . "s
Similarly in agriculture, the government of Israel oriented West Ban k
and Gaza production to meet the needs of Israel's economy .C9 To
prevent competition with Israeli farmers, it prohibited the produc-
tion of melons in the West Bank and limited the production of toma-
toes and cucumbers in the West Bank and the planting of citrus tree s
in Gaza . 70 Israel's controls on the export to Israel of West Bank an d
Gaza agricultural products, according to the U.S. Department of State ,
"restrict the market opportunities" of West Bank and Gaza farmers .
The minister of agriculture prohibited or restricted the sale insid e
the 1949 armistice lines of major West Bank and Gaza products, like
grapes and dates, to forestall competition with Israeli producers .
Israel's agricultural officer for the Gaza Strip explained that the gov-
ernment erected "a legislative structure and mechanism of separ a-.
tion" to prevent the free marketing inside the 1949 armistice lines of
produce from the territories . 73 To enforce the prohibitions, agricu l -
Commerce, Agriculture, and Labor 187
tural inspectors on occasion confiscated fruits and vegetables bein g
brought by West Bank farmers into Jerusalem, a major market . 74 Th e
government imposed customs duties to prevent entry of perishabl e
food items . 75 It undermined the citrus industry of the Gaza Strip b y
imposing a high tariff on Gaza citrus exports,'' by setting adminis -
trative restrictions on exports," and by mandating taxes that favore d
Israeli producers .78 It limited Gaza citrus exports to other countries . 79
At the same time, said Israel's agricultural officer for the Gaz a
Strip, "the leftover produce from Israel" was "flooding the territories ,
without regard for the interests of local agriculture!'" The govern -
ment did not regulate the marketing of Israeli produce on the Wes t
Bank .81 West Bank farmers protested the low market prices for vege -
tables, blaming Israeli produce that entered the West Bank duty-free .£fz
The aquifer underlying the hilly West Bank contains most of th e
water available underground on the coastal plain, which is inside th e
1949 armistice lines . Control of the West Bank, therefore, gave Israe l
the ability to assure its own water supply. The government gave con -
trol of the West Bank and Gaza Strip water to the National Wate r
Authority, Mekorot, so this water could be managed according t o
Israel's needs. The government permitted West Bank Arabs to dril l
new wells only for domestic consumption, 83 denying their request s
to drill for irrigation . 84 It placed meters on Palestinian wells to chec k
daily consumption .85
The government did allow, however, the drilling of deep wells t o
serve Israeli users inside the 1949 armistice lines or in West Ban k
settlements . Many of these wells were drilled near shallower Ara b
wells, thereby drying them up . 86 This deprived Arab farmers of wate r
and put many of them out of business .R7 Arab farmers were forced t o
let formerly productive land go unused because water, previously
available for irrigation, was siphoned off by Israeli wells .ft8 Israeli set -
tlers came to use water far out of proportion to their numbers in th e
West Bank, taking about zo percent of the water consumed whil e
constituting 3 percent of the population .89 The uN General Assem-
bly, referring to this situation, called on Israel to end its "illegal exploi -
tation of the natural wealth, resources and population of the occu-
pied territories .i9 0
In the Gaza Strip as well the government prohibited the diggin g
of new wells by Arabs but let Israeli settlers do so .91 It allowed these

188 1967 War, West Bank, Gaza S p
wells to be dug deeper than Arab wells, both to supply the settle-
ments and to send the water inside the 1949 armistice lines .'
According to a UN study, the settlements "use the limited wate r
resources of the West Bank at the expense of Arab farmers ." Ther e
was, according to the study, "an expansion of the Israeli water con-
trol system, in order to serve the requirements of agricultural pro-
jects established by the Jewish settlements ." The governmen t
"restricted the water consumption of the Palestinians in the Wes t
Bank and the Gaza Strip in order to make a larger amount of wate r
available for Israeli consumption .i93
In the West Bank and Gaza Strip ownership by Arabs of cookin g
ranges, motor vehicles, refrigerators, washing machines, and televi-
sion sets increased after Israel began its occupation . Government
figures showed an 11 percent increase in per capita income up t o
1980, a 9 percent increase in private demand, and an annual averag e
13 percent increase in the gross national product .94 The governmen t
cited these increases as showing that the occupation benefited th e
Arabs economically These consumption gains did not come, how -
ever, from economic development in the West Bank or Gaza Strip .
They resulted in large part from the employment of Gazans and Wes t
Bankers in the Persian Gulf and inside the 1949 armistice lines .9'
The purchases benefited Israel's economy but did not build up th e
economics of the West Bank or Gaza .
Israel's economic policies in the West Bank and Gaza Strip wer e
similar, analysts charged, to those followed by European powers i n
their Third World colonies .96 For the West Bank and Gaza Stri p,, on e
study concluded, Israel's economic policy led to a migratory labo r
situation, stagnated production, a lack of capital formation, minima l
physical infrastructure, a near total dependence on Israel's economy,
a brain drain of professionals, the emigration of entrepreneurs, th e
export of capital, and the proletarianization of the farm population .9'
The argument that the consumption benefits justified the occu-
pation carried a "strong element of the kind of economic briber y
that was more or less the standard rationale for colonialism," sai d
the analyst John Dunne .9s A similar argument was used, noted th e
economist Sarah Graham-Brown, to justify economic policies in th e
white settler states of southern Africa .99
26
By the Sword : The Palestine Arabs'
Claim of a Right to Resist
But indeed if any do hel p
And defend themselve s
After a wrong [done ]
To them, against suc h
There is no caus e
Of blame .
—Holy Quran, xlii, 4 1
Defense Minister Dayan said after the 1967 war that the Arabs do no t
"hate the Jews for personal, religious, or racial reasons . They con-
sider us—and justly, from their point of view—as Westerners, for-
eigners, invaders who seized an Arab country to turn it into a Jewis h
state . Therefore, we arc obliged to gain our objectives against the wil l
of the Arabs, and we must live in a state of permanent war ." '
The 1967 war provided an impetus for the growth of the Fata h
organization . The defeat of the Arab states convinced many Palestin e
Arabs that reliance on the Arab states was fruitless . First, Fatah trie d
to organize a structure of resistance in the West Bank . But by late
1967 the government drove it out .2 Fatah did, however, attract new
recruits in Jordan and from there it raided into the West Bank agains t
Israeli targets .
Most of Fatah's attacks were against military posts, but civilian s
were killed in these raids and some operations were aimed at civil-
ian targets .3 In response, Israel made reprisal attacks against Fata h
camps in Jordan, often killing large numbers of people, most of the m
unconnected with Fatah. The Security Council, as before the 196 7
war, condemned Israel for these attacks . Denouncing a 1968 Israel i
attack on Karameh, Jordan, it deplored the "loss of life and heav y
damage to property.i4 It condemned a x968 raid by Israel on Fatah

190 1967 War, West Bank, Gaza Strip
bases near the Jordanian town of Es-Salt, again deploring the " loss (it
life and heavy damage to property ." It said that Israel's "premeditate d
and repeated military attacks endanger the maintenance of th e
peace! '
In the Security Council Pakistan said that Israel's r967 aggres-
sion deprived it of the right to use any force against Fatah, since i t
was protecting the territory it had taken unlawfully . It denied tha t
Israel, as "the perpetrator of an aggression," had a right to force "equa l
to that of the victim of that aggression . "' France objected to Israel' s
claim of a need to use force in reprisal for "the security of the terri-
tory and population" under its jurisdiction because "we cannot rec-
ognise that jurisdiction, which was established through occupation ."'
Fatah took the same position, justifying its raids as a manifesta-
tion of the resistance of a people to armed occupation of its territory .
The occupier, it declared, has no right of reprisal .' France, in criticiz -
ing Israel for one reprisal raid, called the Fatah attacks into the Wes t
Bank the "almost inevitable consequence of military occupation . '
Pakistan said that the "popular resistance" was part of the "legiti-
mate struggle of the people of Palestine for a return in freedom t o
their own homeland ."r0
During these same years the Security Council was asked t o
address similar issues arising in Africa . Portugal still held the colo-
nies of Angola, Mozambique, and Guinea-Bissau, and guerrilla group s
in all three tried to overthrow it . Guerrillas were based in neighbor-
ing states, and Portuguese forces frequently mounted raids into thos e
states in search of the guerrillas . In handling these cases the counci l
in each instance found colonial states in Africa were acting unlaw-
fully when they made cross-border reprisal raids against guerrilla s
seeking independence . 1' It condemned Portugal's attacks into Zam -
bia, 12 Senegal, l3 and Guinea . r4 The council condemned Portugal i n
these cases, despite allegations of mutual violations of the territoria l
integrity of the parties concerned ." Therefore, it did not put the guer -
rilla forces and the colonial state on a footing of equality but recog-
nized a superior right to force on the part of the guerrilla forces . I t
criticized Portugal not only for attacking but also for failing to respe c t
the right to self-determination . "' It rejected the claim of Portugal of a
right to retaliate to keep its colonies under its control . '
In the 19809 South Africa mounted raids into Botswana in searc h
of guerrillas seeking to overthrow the apartheid system of Sout h
Palestine Arabs' Claim of Right to Resist 19 1
Africa . The Security Council condemned South Africa for an "un-
provoked and unwarranted military attack" and affirmed Botswana' s
right to give sanctuary to victims of apartheid, the circumstanc e
South Africa asserted justified the raids ." South Africa also mad e
raids into Angola to fight forces of the South-West Africa (Namibia )
People's Organization (SWAPO), which sought to drive South Afric a
out of Namibia . South Africa, it was generally recognized, hel d
Namibia in violation of the self-determination right of the people o f
Namibia . The Security Council condemned South Africa's attack s
into Angola .'y
In considering reprisal attacks by Israel, the council did not con-
demn the guerrilla organizations or the states from which they oper-
ated . Its evident rationale was that the Arab refugees were justifie d
because they sought self-determination . The Security Council, i n
finding the Fatah attacks lawful, dealt with them as attacks by a
colonized people entitled to the right of self-determination .20
When self-determination is denied, the injured entity is the peopl e
affected . 21 The Security Council's practice in the cases just men-
tioned suggests that when all else fails a people denied self-determi-
nation may resort to forcible self-help to remove from its territor y
the state holding it in dependence . The Palestine National Covenan t
viewed the force that might be used to achieve Palestinian self -
determination as self-defense . "The liberation of Palestine from an
international viewpoint," it declared, "is a defensive act necessitate d
by the demands of self defense .i22 In an International Court of Jus-
tice case involving Namibia, Judge Fouad Ammoun shared that vie w
Citing the French national movement under Nazi German occupa-
tion, and the Polish, Czech, and Slovak peoples under the Austro -
Hungarian Empire, he said that a people has a right to armed strug-
gle to achieve self-determination . "In law, the legitimacy of th e
peoples' struggle cannot be in any doubt," he said, "for it follows fro m
the right of self-defence, inherent in human nature, which is con -
firmed by Article 5 r of the United Nations Charter.' Ammou n
found South Africa's presence in Namibia to constitute aggressio n
since it was maintained against the will of the population, eve n
though South Africa came into control by a mandate of the League o f
Nations . 24
This theory that colonialism constitutes continuing aggression

192 1967 War, West Bank, Gaza Strip
has been opposed by other authorities .' Julius Stone argued that colo-
nialism is not "illegal per se,' 26 and Louis Henkin said that even i i
colonialism is illegal, the presence of a colonial administration i s
not an armed attack within the meaning of Article 51 of the u N
Charter.' John Norton Moore suggested that, when asserted by th e
Palestine Arabs, the theory of continuing aggression is merely ''a
rhetorical substitution of an armed attack claim in place of an under -
lying self-determination claim" and that the charter's prohibitio n
against force "does not contain an exception permitting unilatera l
determination of denial of self-determination as a basis for lawfu l
use of major coercion .i2s
Moore's criticism casts light on a difficulty in the theory that a
people denied self-determination may use force because, accordin g
to Moore, the people may "unilaterally" decide it has been denie d
self-determination . While that may be a problem in many instances ,
it would not seem to be so in the case of the Palestine Arabs . The
community of states has repeatedly affirmed the right of the Pales -
tine Arabs to self-determination, so their claim of a denial of self -
determination cannot be said to be "unilateral .i29
Another objection to the view that colonialism constitutes a
continuing attack is that the taking was lawful at the time it occurre d
since until the twentieth century forcible seizure of territory as colo-
nies was permitted .30 While that may be true for some peoples denie d
the right to self-determination, it is not true of the Palestine Arabs .
Their territory was taken from them, as already indicated, after inter -
national law prohibited acquisition of colonies by force . Thus, th e
taking was unlawful from the outset .
Another theory has been suggested that would legitimate anticolonia l
force. The UN Charter defined unlawful force as that used agains t
"the territorial integrity or political independence of any state, ' i
which implied force against another state . When a dependent peopl e
uses force against a colonizer, argued Kadar Asmal, it is not usin g
force against another state, but rather against an entity that occupie s
its own territory32
In its r96o Declaration on the Granting of Independence to Colo -
nial Countries and Peoples, the General Assembly said that "all arme d
action or repressive measures of all kinds directed against depende n t
peoples shall cease in order to enable them to exercise peacefull y
Palestine Arabs' Claim of Right to Resist 193
and freely their right to complete independence, and the integrity o f
their national territory shall be respected ." 33 That resolution, by refer -
ring to the territory of a dependent people as "their national terri-
tory," seemed to follow the theory that anticolonial force is not forc e
against another state . The resolution implied that a dependent peo-
ple may lawfully use force to displace a colonizer .
India relied on this theory in 1961 after it used force to remov e
Portugal from the enclave of Goa, on the Indian coast . Portugal ha d
held Goa as a colony for four hundred years . India claimed the righ t
to use force to take Goa . Portugal complained to the Security Coun-
cil that India's action was aggression . 34 India replied that there wa s
"no legal frontier" between India and Goa, and it said there could b e
"no question of aggression against your own frontier, or against you r
own people, whom you want to liberate .i35 In the Security Council
discussion, socialist and Third World states sided with India, whil e
Western states sided with Portugal : 36
In later years the General Assembly took the position that a depen-
dent people may lawfully use force to achieve independence, thoug h
it did not specify which theory it was following . In 1965 the Genera l
Assembly recognized "the legitimacy of the struggle by the people s
under colonial rule to exercise their right to self-determination an d
independence.i37 In 197o, in its Declaration on Friendly Relations ,
the General Assembly, while not explicitly asserting a right to us e
force to overthrow a colonizer,3s strongly implied such a right by out -
lawing force that would deprive a people of self-determination . "Every
state," it declared, "has the duty to refrain from any forcible actio n
which deprives peoples . . . of their right to self-determination an d
freedom and independence ." The assembly referred to their "resis-
tance to such forcible action in pursuit of the exercise of their righ t
to self-determination ." The declaration authorized even action tha t
might eliminate a state by saying that nothing in the declaratio n
"shall be construed as authorizing or encouraging any action whic h
would dismember or impair, totally or in part, the territorial integ-
rity or political unity of sovereign and independent States conduct-
ing themselves in compliance with the principle of equal rights an d
s elf-determination of peoples" and "thus possessed of a governmen t
representing the whole people belonging to the territory without dis-
tinction as to race, creed or colour ."39 A state not "possessed of a

194 1967 War, West Bank, Gaza Strip
government representing the whole people . . . without distinction
as to race, creed or colour" is not protected. Later in 1970 the asseln .
bly affirmed the right of "colonial peoples and peoples under alie n
domination" to "exercise their right to self-determination and inde .
pendence by all the necessary means at their disposal' "
When it defined the concept of aggression in 1974 the a ssembl y
made it clear that anticolonial force was not to be deemed aggres ,
sion . In a special proviso it said that "nothing in this Definition "
could "in any way prejudice the right to self-determination, freedo m
and independence, as derived from the Charter, of peoples forcibl y
deprived of that right." The proviso referred back to the 1970 Decla-
ration on Friendly Relations to indicate it meant "particularly peo-
ples under colonial and racist regimes or other forms of alien domi-
nation ." It mentioned specifically "the right of these peoples t o
struggle" to end the domination, and to "seek and receive support "
for that purpose, "in accordance with the principles of the Charte r
and in conformity with the above-mentioned Declaration .i41 Though
Julius Stone argued that this proviso does not reflect customary law ,42
the General Assembly adopted the definition of aggression without a
vote. Tom Farer called it a "global consensus,"" and it would seem t o
reflect the views of the overwhelming majority of states .
The assembly followed this approach in resolutions relating t o
Palestine . In one resolution it upheld "the legality of the peoples'
struggle for self-determination and liberation from colonial and for-
eign domination and alien subjugation, notably in southern Africa
and in particular that of the people of Zimbabwe, Namibia, Angola ,
Mozambique and Guinea (Bissau), as well as the Palestinian people ,
by all available means consistent with the Charter of the Unite d
Nations .i44 The General Assembly characterized Israel's occupatio n
of the West Bank and Gaza Strip as a denial of self-determination an d
hence a "serious and increasing threat to international peace an d
security." It felt the Arabs there were under foreign domination an d
the struggle for independence by such peoples, including armed stru g-
gle, is legitimate.45
The Organization of African Unity found a "right of the peopl e
of Palestine to continue their struggle in all political and milita ry
forms as well as the use of all means to liberate their occupied terri -
tory and to recover their inalienable national rights, particul arly,
their right to return to their homeland, the exercise of their right to
Palestine Arabs' Claim of Right to Resist 195
self-determination and to establish an independent State in thei r
territory. "46
Apart from the right of self-determination, the guerrilla raids were
arguably justifiable on the ground that the guerrilla groups wer e
attempting to retake territory gained by aggression . Force used fo r
that purpose is considered by some authorities to be aggression ." If
territory taken by aggression may be recaptured by force, argued Osca r
Schachter, "self-defense would sanction armed attacks for countles s
prior acts of aggression and conquest . It would completely swallow
up the basic rule against using force .i4s "Re-caption," said Derek
Bowett, "is unlawful .i49
But if a state recaptures its own territory by force, "this is not a n
employment of force contrary to the provisions of Article 2(4) of th e
Charter," argued R . Y. Jennings in reply "It cannot be force use d
against the territorial integrity or political independence of another
State because the actor State is merely occupying its own territory iS0
Jennings relied on the UN Charter definition of aggression as force
used against the territorial integrity or political independence of a
state . When Egypt and Syria attacked Israel in October 1973 to recover
the Sinai Peninsula and Golan Heights, which Israel took from the m
in 1967, the Security Council did not condemn them .5 1
In the late 196os the Popular Front for the Liberation of Palestine ,
one of the constituent groups of the Palestine Liberation Organiza-
tion, undertook airplane hijacking as a method of bringing attentio n
to the denial of self-determination to the Palestine Arabs .52 After it
destroyed an Israeli government airliner at the Athens airport, th e
mF attacked the Beirut airport in response and destroyed thirtee n
civilian airliners . The Security Council condemned Israel for "pre -
m editated military action .."''
In its reprisal raids the IDF began to use air strikes rather tha n
ground troops . These air attacks brought heavy civilian casualties i n
the villages and refugee camps where guerrillas were based . 54 The
Security Council condemned a 1969 air attack on Fatah bases near
E I-Salt, condemning the "recent premeditated air attacks launche d
by Israel on Jordanian villages and populated areas ..' Following a
1 969 air attack into Lebanon, the council condemned the "pre -
meditated air attack by Israel on villages in southern Lebanon in

196 1y67 War, West Bank, Gaza Strip Palestine Arabs' Claim of Right to Resist 19 7

violation of its obligations under the Charter" as acts of "mi litar y security, with a view to the application, where feasible and neces-
reprisal ."'6 sary, of the relevant provisions of the Charter of the United Nations ,
In airplane hijackings and other attacks in Israel and elsewhere including Chapter VII thereof ."61 Chapter 7 of the charter provide s
various constituent groups of the Palestine Liberation Organizatio n for economic and military sanctions to be imposed by the Securit y
attacked civilians . Such use of force was unlawful, as recognized by Council against a state that threatens the peace . By referring t o
the General Assembly in its 1985 resolution, "Measures to Preven t Chapter 7 the assembly was suggesting that the Security Council
International Terrorism ." s ' Under the rules of warfare, a state in wag- mandate collective coercive measures to terminate the denial o f
ing war—even in self-defense—must refrain from attacking civil- self-determination .
ians. Similarly, a national liberation movement in conducting war _
fare to achieve self-determination must follow the same rule .
That rule has been viewed as harsh by many national liberatio n
movements . They typically do not have at their command militar y
resources equal to those of the state against which they are fighting .
To hold them to the same rules of warfare works to their disadvan-
tage. As viewed by many Palestine Arabs, violence against civilians ,
particularly against Israeli civilians, is justified by the violence Israe l
has used against Palestinian civilians, particularly its bombing raid s
on Palestinian refugee camps in Lebanon . Through these raids, th e
MF killed far more civilians than did the Palestine Arabs . A poll take n
among Palestine Arabs in the West Bank in 1986 showed 87 .6 per-
cent support for acts of violence against civilians by Palestinian com -
mando teams inside the 1949 armistice lines .'s
Terrorist acts are a product of frustration over inability to gai n
self-determination by other means . Terrorism is "not an aberratio n
of demented personalities," according to David Shipler, writing abou t
the Palestine Arabs, but "an integral part of an existing subculture ,
encouraged and supported and approved by the mainstream of th e
society that forms the terrorist's reference points . " 59 While the frus-
tration has a solid basis, violence against civilians is not justified b y
the denial of self-determination or by violence against civilians b y
the other side.
The General Assembly studied terrorist acts in the 1970S and
concluded that they are often undertaken as a result of the inabilit y
of a dependent people to attain self-determination by political or legit -
imate military means . 60 In order to eliminate "the causes and th e
problem of international terrorism," the United Nations should "pa Y
special attention to all situations, including, inter alia, colonialism ,
racism and situations involving alien occupation, that may give ris e
to international terrorism and may endanger international peace and
27
Guns and Stones : Resistance by
the Palestine Arabs to Occupation
The first priority is to use force, might, beatings .
—Yitzhak Rabin, Minister of Defense, 198 8
In 1970 Jordan expelled the Palestine Liberation Organization fro m
its borders, and the PLO moved its base of operation to Lebanon . It
operated primarily in southern Lebanon where many Palestine Arabs ,
expelled from northern Palestine in 1948, lived in refugee camps .
From southern Lebanon the no mounted raids into Israel . Israel ini-
tiated reprisals, leading to more Security Council condemnations .'
In 1970 Israel undertook a substantial invasion into Lebanese terri-
tory The council demanded the "immediate withdrawal of all Israel i
armed forces from Lebanese territory" 2 and condemned Israel for it s
premeditated military action ." It deplored the "loss of life and dam -
age to property." When the IDF remained in place, the council repeate d
its demand for withdrawal .°
In 1972, as raids by the PLO continued, Israel again sent troop s
into Lebanon . The Security Council demanded "that Israel immedi-
ately desist" from "any ground and air military action against Leba-
non" and that it "forthwith withdraw all its military forces fro m
Lebanese territory" The council, "while profoundly deploring al l
acts of violence," condemned "the repeated attacks of Israeli force s
on Lebanese territory and population .i 6
In May 1972 a group sent by the Popular Front for the Liberati o n
of Palestine took a commercial flight to Tel Aviv and in the airpor t
customs hall they opened fire, killing twenty-five persons and woun d-
d
ing seventy-two others .' The Black September organization, affiliat e
with the PLo, kidnapped eleven Israeli athletes in September at th e
Olympic Games in Munich . In trying to free the athletes, Germa n
police shot and killed them, along with four of the captors . " The ID F
Palestine Arabs' Resistance to Occupation 199
responded with air strikes into Syria, in which it killed several hun-
dred civilians .' All of these events led to the formation of new guer-
rilla groups, and this in turn led to increased numbers of hijacking s
by them . 10
In 1973 the Security Council condemned Israel's "repeated "
attacks into Lebanon and its "violation of Lebanon's territorial integ-
rity and sovereignty" It called on Israel to "desist forthwith from al l
military attacks on Lebanon ."' In 1974 branches of the PLO raide d
the Israeli town of Qiryat Shmona where they took eighteen civil-
ians as hostages, killing them and themselves when confronted .'`
They raided the town of Maalot as well where they took as hostage s
ninety high school students, twenty of whom were killed when gov-
ernment forces tried to free them . "
In March 1978, following a series of guerrilla raids into Israe l
from Lebanon, Israel invaded Lebanon in pursuit of the PLo . It occu-
pied southern Lebanon, killing 2,000, mostly Lebanese and Palestin-
ian civilians, and causing 200,000 to flee their homes . It establishe d
a seven-mile-wide "security belt," which it held for three months .
When it withdrew, it left in charge a Lebanese force it had organize d
and financed ." The council called on Israel "immediately to ceas e
its military action against Lebanese territorial integrity" and to "with -
draw forthwith its forces from all Lebanese territory" 1 5
In July 1981 Israel and the PLO concluded an agreement by whic h
the PLO agreed not to launch an attack into Israel . As a result, the
PLO did not attack Israel from mid-1981 to mid-1982 .' 6 But in Jun e
1982 Israel again invaded Lebanon, and it used aerial bombardmen t
to destroy entire camps of Palestine Arab refugees ." By these means
Israel killed 20,000 persons, mostly civilians,' $ and while it occu-
pied southern Lebanon it incarcerated 15,000 persons, according to
the International Committee of the Red Cross . The IDF continued
north to Beirut, where it forced the PLO out of Lebanon .
Israel claimed self-defense for its invasion, but the lack of PL o
attacks into Israel during the previous year made that claim dubi-
ous . By invading Lebanon, Israel evidently sought to destroy the exten -
sive Palestinian military and administrative infrastructure in Leba-
non 19 and, by removing the PLo, to convince the Arabs of the Gaz a
Strip and West Bank that they would get no help from the PLO . 20 In
the United States Harold Saunders, a former assistant secretary o f
s tate for Near Eastern and South Asian affairs, said that Israel aimed,
200 1967 War, West Bank, Gaza Stri p
by the invasion, "to destroy once and for all any hope among th e
people of the West Bank and Gaza that the process of shaping th e
Palestinian people into a nation could succeed ." It was designed , he
continued, "to break any final resistance to total Israeli control an d
to pave the way for making life so difficult for those who valued th ei r
freedom and political self-expression that they would eventually leav e
for Jordan ."2 '
The Security Council demanded "that Israel withdraw all it s
military forces forthwith and unconditionally to the internationall y
recognized boundaries of Lebanon ." 22 But the um continued its attack s
in Beirut, destroying entire neighborhoods by aerial bombardment ,
and blocking food and medical supplies from reaching victims of th e
bombardment . The council demanded "that the Government of Israe l
lift immediately the blockade of the city of Beirut in order to permi t
the dispatch of supplies to meet the urgent needs of the civilia n
population .."" In Beirut the IDF allowed militia of a Lebanese factio n
hostile to the PLo to enter the refugee camps of Sabra and Shatilla ,
where the militia killed a number of civilians variously estimate d
from 300 to 3500 .24 The Security Council and General Assembl y
condemned the killings as a "criminal massacre of Palestinian civil-
ians," and the assembly called them "an act of genocide ..''" Israe l
subsequently withdrew from most of Lebanon but kept troops in a
strip of southern Lebanon .
In 1985 Israel's air force attacked the headquarters of the PLo in
a suburb of Tunis, Tunisia, resulting in the deaths of sixty-eight per -
sons in the vicinity. The Security Council said the attack was directe d
against "an exclusively residential urban area which traditionall y
has been home to Tunisian families and a small number of Palestin-
ian civilians who had to flee from Lebanon following the invasion o f
that country by the Israeli army."26
Inside the West Bank and Gaza Strip the IDF met civilian resistanc e
to its occupation. The Palestine Arabs pressed for political rights .
They held street demonstrations, often resulting in violence agains t
the IDF troops and violent reaction from them . Despite Israel's ba n
on political activity, underground affiliates of the various PLo fac-
tions organized supporters in the two areas . Arrest on security-rela te d
charges became a rite of passage for youths .
Arabs detained on security-related charges frequently complai ned
Palestine Arabs' Resistance to Occupation 20 1
that interrogators used force to convince them to confess . In 1987 a
government commission found that security officials had frequentl y
used physical force to extract confessions . When called to testify i n
court about the confession, the interrogators would routinely den y
having used force ." The commission reported interviewing "servic e
personnel who felt that the judges were part of the game," meanin g
that judges were aware that security service interrogators were lyin g
when they denied having used torture ." The commission criticized
the interrogators for giving false testimony but ruled that in the inter -
rogation of persons suspected of security-related offenses "the employ-
ment of moderate physical pressure cannot be avoided ." The usual
means of investigation was deemed inadequate because the public i n
the West Bank or Gaza Strip was unlikely to cooperate with authori-
ties to report crime .' The commission did not define in public doc-
uments what "physical pressure" was to be permitted but drafte d
secret guidelines to set limits . 30 The cabinet endorsed the commis-
sion's report, thereby authorizing interrogators to use moderate phys-
ical force against suspects .31
To thwart resistance the government expelled hundreds of per -
sons, primarily those it considered potential leaders .' From Jerusa-
lem it expelled civic leaders who opposed the annexation o f
Jerusalem .' Ariel Sharon, as defense minister, threatened to expe l
large numbers of West Bank and Gaza Strip residents . He said tha t
"the Palestinians should not forget 1948 . "34
The government used the Defense (Emergency) Regulations t o
detain persons without charge, 35 to impose curfews on towns, to
demolish houses of persons suspected of offenses, and to prohibi t
public demonstrations, artwork, and other nationalist expression . "
One Arab woman was put on trial in an IDF court for hanging a map of
Palestine in her private office ,3' and an 1DF court convicted Arabs fo r
singing nationalist songs at a wedding .35
In addition to the regulations, the military governments of the
Gaza Strip and the West Bank issued local orders to suppress nation-
alism . An order titled Prohibition of Incitement and Adverse Propa-
ganda punished anyone who tried "whether verbally or in any othe r
manner to influence public opinion . . . in a manner which migh t
endanger public security or order ." The order required a permit for " a
march of ten or more people together ; or the assembling for the pur-
Pose of marching together from one place to another for a political
202 1967 War, West Bank, Gaza Stri p
purpose ; or for a matter which can be interpreted as a politica l
matter whether or not they were in fact walking and whether o r
not they had congregated ." Violation was punishable by a te n-yea r
imprisonment .'"
Arabs challenged some of the military orders in court . Th e
Supreme Court of Israel gave military commanders great latitude b y
interpreting "military necessity" to include "strategic as well as tac-
tical security considerations .i40 The Supreme Court upheld all cha p
lenged military orders, with one exception . In 1987 it ruled invali d
Military Order 1164 of February 25, 1986, which gave the militar y
governor power to appoint the executive board of a lawyers' union o n
the West Bank. The court said that the union had the right to elec t
its own board ."
Much of Israel's suppression activity violated the Geneva Con-
vention Relative to the Treatment of Civilian Persons in Time o f
War. Article 49 stated : "Individual or mass forcible transfers, as wel l
as deportations of protected persons from occupied territory to th e
territory of the Occupying Power or to that of any other country occu -
pied or not, are prohibited, regardless of their motive ." As already
indicated, Article 49 prohibits the transfer of population into occu-
pied territory, but it also prohibits the expulsion of inhabitants fro m
occupied territory. Israel's Supreme Court ruled, however, that Arti-
cle 49 prohibits only mass deportations for purposes of forced labo r
or extermination and, therefore, does not prohibit Israel's deporta-
tions of individuals or small groups, done for punitive purposes .42
The government of Israel took that view as well, 4a though it wa s
rejected by other states . 44
The convention also protects property and forbids penalties im-
posed on groups or communities as opposed to individual perpetra -
tors . Thus, the punitive demolition of the houses occupied by per -
sons suspected of violent acts violated the convention . The curfews
also represented a penalty taken against a group for the acts of a n
individual . In addition, the detention of persons without charge vio-
lated the convention . From early in the occupation, the UN Genera l
Assembly regularly criticized Israel for these violations . 45
As Israel's occupation of the West Bank and Gaza Strip began its
third decade, the situation of the Palestine Arabs there became in-
creasingly difficult . They had been deprived for twenty years of anY
Palestine Arabs' Resistance to Occupation 203
political role . Their land was being taken at a rate that presaged a
nearly total dispossession, as had occurred inside the 1949 armistic e
lines. Israel's virtual destruction of the West Bank and Gaza econo-
mies gave Arab youth little future . Young people who acquired a n
education were unable to find positions commensurate with thei r
qualifications .
In December 1987 a demonstration in Gaza City developed int o
rioting through the Gaza Strip and the West Bank . Merchants close d
their businesses in civil resistance against the occupation ; local com-
mittees began to provide basic services, and West Bank and Gaz a
residents reduced their purchases of Israeli-made goods ; many Wes t
Bank and Gaza residents who worked inside the armistice lines di d
not go to their jobs ; and an underground leadership emerged to direc t
the campaign, which was called intifada (uprising) .46 Residents hel d
street demonstrations, and these often developed into serious con-
frontations with the IDF . Youths threw stones at the soldiers, and th e
soldiers beat and shot at the youths .
The UN Human Rights Commission saw this use of force by th e
Palestine Arabs against Israel as lawful . The commission found a
"right of the Palestinian people to regain their rights by all means i n
accordance with the purposes and principles of the Charter of th e
United Nations and with relevant United Nations resolutions" an d
said that "the uprising of the Palestinian people against the Israeli oc-
cupation since 8 December 1987 is a form of legitimate resistance .° 47
The government responded quickly and harshly to suppress th e
uprising. The MF arrested several thousand Palestine Arabs, some o n
specific charges, but most under the administrative detention proce-
dures that did not require a criminal charge . To house the prisoners ,
it opened a major new prison camp and expanded others . The ID F
reacted to demonstrations with live fire from high-velocity militar y
weapons, causing many deaths . The UN Security Council "strongly
deplored" the "opening of fire by the Israeli army, resulting in th e
killing and wounding of defenseless Palestinian civilians ."4s
In reaction to the international criticism of the shootings—i n
p articular from the United States 49 —the government announced a
Policy of summary physical beatings to be administered by the MF at
the site of demonstrations .5 " Defense Minister Itzhak Rabin said tha t
the purpose was to instill fear in the population' Implementing
this policy, IDF soldiers broke the hands or arms of many demonstra-

204 1967 War, West Bank, Gaza Strip Palestine Arabs' Resistance to Occupation 205
tors with methodically directed blows, according to reports by ma ny pation practices, to issue a strong condemnation of many of Israel' s
physicians . In addition to beating persons at the site of de monstra- policies . The uN Human Rights Commission, using the Genev a
tions, the 'Dr rounded up at their homes youths living near the s cen e Convention's provision that certain violations of humanitarian la w
of confrontations, took them to remote areas, and beat them . Th e are "grave breaches" meriting criminal punishment for perpetrators ,
uprising continued into a second year, and shooting deaths of Arab s found a number of Israel's practices during the uprising to consti-
by the IDF continued, the number of fatalities exceeding five hu ndre d . tute "war crimes ." It included physical and psychological tortur e
In trying to suppress the uprising the IDF used many of the sam e of Palestinian detainees and their subjection to improper and inhu-
tactics employed in the West Bank and Gaza Strip since 1967 to sup - man treatment ; the imposition of collective punishment on towns ,
press resistance, but it applied them more rigorously It imposed cur- villages, and camps ; the administrative detention of thousands o f
fews on localities of demonstrations, extending at times for weeks . Palestinians ; the expulsion of Palestinian citizens ; the confiscatio n
With some curfews it prevented residents from leaving their houses , of Palestinian property ; and the raiding and demolition of Pales-
while with others it let them circulate locally but prohibited the m tinian houses .5s
from leaving their towns . The curfews kept farmers in some area s
from harvesting crops that were rotting in their fields and kept Pales -
tine Arabs from getting basic provisions . The UN Relief and Work s
Agency reported that IDF soldiers were seen confiscating food fro m
Palestine Arabs who broke the curfew to take food to others, and th e
soldiers then destroyed the food on the spot .52
Soon after the uprising started the government began to expe l
persons it considered uprising leaders . The United States proteste d
these expulsions as a violation of Article 49 of the Geneva Conven-
tion,S3 as did the European Economic Community54 and the UN Secu-
rity Council s' The United States, explaining its vote in the Security
Council, said that Article 49 prohibits all expulsions of residents o f
occupied territory 56
In response to the desire for independence that came out of th e
uprising, Jordan renounced its claim to the West Bank. The Palestine
Arabs began to lay plans for establishing an independent West Bank -
Gaza state . In reaction, Israel banned organizations deemed to h e
promoting the declaration of statehood . These were the same organi -
zations that provided many basic services to the population durin g
the uprising . It closed schools and universities, and when teacher s
and parents organized classes for children outside regular building s,
it prohibited them .
Many of the methods Israel used to suppress the uprising wer e
criticized by UN bodies as contrary to the Palestinians' right to self -
determination, to their rights under the law of belligerent occupa -
tion, and to human rights norms . The situation led the United States ,
which had in earlier years been mild in its criticism of Israel ' s occu -
Part Five

Resolution of th e

Palestine-Israel Conflict
28
Statehood in the Making: Palestine

Declares Independence

The Palestine National Council . . . hereby proclaims the establishment o f

the State of Palestine. —Declaration of Independence, 198 8

Israel's occupation of Gaza and the West Bank led the Palestinians t o
alter their priorities . As it became clear that the occupation would no t
end quickly, the Palestinians made Israel's withdrawal from Gaza an d
the West Bank a central demand . The same dynamic was operating o n
Egypt. Israel's occupation of Sinai was prompting Egypt to focus on a n
Israeli withdrawal from that piece of territory and to deemphasize it s
earlier primary demand that related to self-determination for the Pal -
estinians . In return for withdrawing from Sinai, Israel would be able ,
in 1978, to wrest diplomatic recognition from Egypt .
With the Palestinians, Israel's aim, similarly, was to gain recogni -
tion as a state, and of its hold over the territory it took in r948 . By
holding the Gaza Strip and West Bank, Israel was forcing the Pales -
tinians to focus on reversing that occupation, rather than occupatio n
of the 1948 territory. On two basic issues, the Palestinian attitud e
evolved during the 197os, as the Palestinians sought to salvage som e
national existence, even at the expense of their full aspirations .
One issue was the Jews who had migrated to Palestine under Britis h
a uspices .
The Palestine Arabs considered Jews whose families had lon g
resided in Palestine to be Palestinians, but they did not so regard Jew s
who came as part of the project to establish a Jewish state . The Pal-
estine National Covenant recited : "Jews who were living perma-
nently in Palestine until the beginning of the Zionist invasion wil l
be considered Palestinians ."' The Balfour Declaration of 1917 was
taken as the beginning of the "Zionist invasion," so Jews migrating to

210 Resolution of the Palestine-Israel Conflict
Palestine after that time would have to leave . "How can one peace -
fully coexist," a Palestine Arab asked, "with people occupying one'-.
own town and plowing one's own field?"2
By the early 197os, however, Fatah was calling for a " democratic :
secular state" in a Palestine to be inhabited by all then residing ther e
plus those displaced Palestine Arabs who would choose to return . '
Fatah did not in principle view the post-Balfour settlers as entitled u ,
remain but offered the proposal as a compromise .' "We are willing, "
it was said in explanation, "to grant an equal right to those who hav e
no right and we are willing to live on the basis of equality with thos e
who made us exiled and dispersed us . "5 It was proposed at the time t o
amend the Palestine National Covenant to conform to this view, h u t
the amendment failed because of differences over the nature of th e
"democratic secular state . "6
In tandem with this concession on residency rights came th e
beginning of a concession on territory . In 1974 the Palestine Nationa l
Council declared as its aim to liberate any portion of Palestinian soi l
it could wrest from Israel, and to administer that piece of territor y
under the "national authority of the people ."7 In 1977 the counci l
clarified that this "national authority" was to be a state that woul d
exist alongside Israel .$ The council did not disavow its aim of a demo -
cratic secular state in all Palestine but relegated it to a future time .
First a Palestine state would be set up alongside Israel, and if the tw o
could coexist peacefully they might eventually be able to merge int o
a single state .9
The Palestinian concessions came as prospects emerged for United
Nations involvement that might lead to a settlement . Augmented by
states recently emerging from colonialism, the United Nations, an d
in particular its General Assembly, took the Palestine Arabs' claim o f
self-determination seriously. '0 In 1974 the General Assembly invite d
the PLO to "participate as an observer in the sessions and the work o f
all international conferences convened under the auspices of th e
General Assembly in the capacity of observer."" The assembly sai d
that the Palestinian people were "a principal party in the establis h-
ment of a just and lasting peace in the Middle East ."1z
Recently independent states viewed Israel as part of the coloni a l-
ism they had overthrown . They were angered by Israel's political an d
financial collaboration with South Africa, then under apartheid . In
Statehood in the Making 21 1
r 9 73the UN General Assembly condemned "the unholy alliance be-
tween Portuguese colonialism, South African racism, zionism an d
Israeli imperialism ."13 In a resolution on racial discrimination i n
1975, the assembly quoted a resolution of the Organization of Afri-
can Unity "that the racist regime in occupied Palestine and the racis t
regimes in Zimbabwe and South Africa have a common imperialis t
origin, forming a whole and having the same racist structure an d
being organically linked in their policy aimed at repression of th e
dignity and integrity of the human being ." The assembly referred a s
well to a statement by the Non-Aligned Countries that "condemne d
zionism as a threat to world peace and security and called upon al l
countries to oppose this racist and imperialist ideology ." With thos e
quotations as a preface, the General Assembly proclaimed "that zi-
onism is a form of racism and racial discrimination ."1 4
This characterization called Israel's formation and existenc e
into question . Jeane Kirkpatrick, the former U .S. ambassador to th e
United Nations, commented : "It is a short step from the propositio n
that Zionism is racism to the proposition that the State of Israel is
based on aggression ." She said : "Adoption of this resolution was tan -
tamount to declaring Israel an illegitimate state based on an illegiti-
mate philosophy ." Zionism, she said, "is the national movement o n
which Israel is based . When the UN majority declared Zionism i s
racism, it declared immoral the foundations of Israel ." 15
As it declared Zionism to be racist, the UN General Assembly estab-
lished infrastructure within the UN to promote Palestinian self -
determination . A Committee on the Exercise of the Inalienabl e
Rights of the Palestinian People would pursue a political solution t o
the conflict . 16 A Special Unit on Palestinian Rights was set up in th e
UN Secretariat to assist the committee . 17 Later the unit was upgraded
as a division of the secretariat . 18
In 1983 the General Assembly concretized a proposal for an en d
to the conflict . It called for an international conference based on a
Palestinian right of return to home areas inside Israel, a right to self-
de termination, and a right to establish a state in Palestine . Israe l
would withdraw from the territories it took in 1967, including Jeru-
s alem, leaving two states in Palestine . The nu) would represent the
Pa lestinian people in negotiations .19
After its expulsion from Beirut in 1982, the pc() saw that its

212 Resolution of the Palestine-Israel Conflict
chances of defeating Israel militarily were remote . The tactics o f
some PLo-affiliated groups of attacking Israeli civilians yielded n o
political dividend . The Palestine National Council welcomed th e
General Assembly's idea, which took an approach in line with th e
evolving Palestinian position .20
Most UN member states supported the idea of a conference . Israel di d
not, knowing it would be outnumbered by states insisting on pro-
posals it sought to avoid . The United States sided with Israel . No
conference was held, and no other steps toward a settlement fol -
lowed . When in 1987 Palestinian frustration with the occupatio n
erupted in the intifada, television cameras recorded brutality by th e
IDF . A Palestinian David was seen pitted against an Israeli Goliath .
The Palestinians began to be regarded as the oppressed .
Buoyed by the goodwill generated by the intifada, the Palestin e
National Council in 1988 declared independence . The council called
for a Palestine state .2' Although the council did not specify borders, i t
said in a communique that multilateral negotiations, as contem-
plated by the uN General Assembly, should be based on UN Securit y
Council Resolution 242 . That reference suggested that the counci l
contemplated a state in the Gaza Strip and West Bank, since Resolu -
tion 242, asks Israel to withdraw from those territories .
The PLo did what the logic of accepting Resolution 242 required.
It said it no longer questioned Israel as a state . It also renounced th e
use of violence against Israeli civilians .22 Modest rewards followed .
Members of Israel's Knesset met publicly with Palestine Nationa l
Council officials .23 The United States opened communication wit h
the PLO . 24
Jordan made good on the promise it had made in 1950 not to
stand in the way of Palestine . Renouncing sovereignty over the Wes t
Bank, in deference to the PLO, King Hussein said, "The independe n t
Palestinian state will be established on the occupied Palestinian lan d
after its liberation ."25 The PLO began to exercise limited governme n-
tal functions in the West Bank, even as Israel remained in occupa-
tion . The PLO took over from Jordan the paying of salaries of som e
civil servants . Local committees operating under the PLO bega n
providing social services .2 '
Within months, eighty-nine states recognized Palestine as a
Statehood in the Making 21 3
state.27 The UN General Assembly enhanced the Palestinian pres-
ence at the UN . In line with the declaration of statehood, the assem-
bly began referring to the entity enjoying observer status as "Pal-
estine," rather than as the "Palestine Liberation Organization!' "
The Palestinian Declaration of Independence cited two sources o f
legitimacy. It referred first to the Palestinian people's "inalienabl e
rights in the land of its patrimony ." It also referred to General Assem -
bly Resolution 181 as providing "the conditions for internationa l
legitimacy that guarantees the right of the Palestinian Arab people t o
sovereignty on their homeland ."
The reference to Resolution 181, relied upon as well by the Jew -
ish Agency when it declared statehood in 1948, amounted to recogni -
tion of a Jewish state in Palestine . A political declaration issued b y
the council along with the Declaration of Independence referred t o
Israel, nonetheless, as "a fascist, racist, colonialist state based on th e
usurpation of the Palestinian land and on the annihilation of th e
Palestinian people . "
As the Palestinian side moved in the direction of an accommodatio n
with Israel, a contrary element entered the picture . In 1989 the
United States clamped down on the migration of Soviet Jews to th e
United States, and by the thousands they began to enter Israel . Th e
number soon reached half a million, substantially augmenting th e
Jewish component of Israel's population .
Israeli officials delighted at the political impact of having mor e
Israelis . Mayor Teddy Kollek of Jerusalem proclaimed that Israel
should "bring as many immigrants to the city as possible and make i t
an overwhelmingly Jewish city, so that [the Palestinians] will get i t
out of their heads that Jerusalem will not be Israel's capital . "29 In eas t
Jerusalem, the Israeli development authority built apartment build-
ings to settle the new arrivals.30
Another negative development for the Palestinians was that th e
goodwill generated by the intifada was soon squandered . In 1990,
when Iraq occupied Kuwait, the United States prepared to invad e
Iraq, proclaiming that the occupation of foreign territory could no t
s tand . Palestinians, relating the Iraq-Kuwait situation to their own,
714 Resolution of the Palestine-Israel Conflic t
29
viewed the United States as following a double standard, dealin g Oslo via Madrid :
with occupation only when its interests were at stake . Chairma n
Arafat did not join in the denunciation of Iraq that came from othe r A Turn to Peace ?
world leaders .31 The PLo was perceived as siding with Iraq . Th e
PLO put itself at odds not only with the West, but with major Ara b
governments .

It is time to put an end to decades of confrontation and conflict . Declara -

tion of Principles, 1 99 3

The Iraq-Kuwait situation indirectly affected the dynamics of th e

Palestinian-Israeli conflict . The charges against the United States o f
a double standard put pressure on it to resolve the "other occupa-
tion." Still, the United States would not accede to a UN conference ,
because in such a context Israel might be pressured to respect th e
rights of the Palestinians . Instead, the United States promoted th e
idea of negotiation between the two parties alone, and without a
prior understanding of rights to be protected . The United States orga -
nized a conference in Madrid to adopt this approach .' The resul t
would be a Palestinian-Israeli agreement that presumably would b e
recognized by the international community .2
In a letter to the Palestinians, the United States made clear it s
view that the UN should keep hands off the anticipated bilatera l
process : "Since it is in the interest of all parties for this process t o
succeed, while this process is actively ongoing, the United State s
will not support a competing or parallel process in the United Na-
tions Security Council ."3 The United States did not want the Se-
curity Council criticizing Israel for rights violations .
As part of its diplomatic offensive, the United States promote d
repeal of the resolution passed in 1975 that called Zionism racist .
Against the fears of Arab governments that nullifying the resolution
would encourage Israel to become more intransigent, U .S . diplomat s
argued that repeal would encourage Israel to participate meaning -
fully in the bilateral process sponsored by the United States . With the
UssR departing from the world scene, eastern European governments

216 Resolution of the Palestine-Israel Conflict
were amenable to the U .S . government's position .4 The General As-
sembly voted, tersely, "to revoke the determination contained in it s
resolution 3379 . . . of ro November x975 ." 5
Israel enjoyed a preponderance of power on the ground and th e
political and financial backing of the United States . The Palestinian s
had only youths hurling stones . With the international communi t y
sidelined, Israel might reject a Palestine state, keep Israeli settlers i n
place, and refuse to repatriate the displaced Palestinians . The Pales-
tinians feared that the United States was giving Israel a free hand t o
force its entire agenda upon them .
Despite its enthusiasm for bilateral talks, the United States was un-
willing to have the pro as the interlocutor on the Palestinian side .
Virtually the entire international community viewed the pro as th e
representative of the Palestinian people, but Israel refused to dea l
with it, and the United States deferred to Israel's wishes . Only Pales -
tinians participating as individuals would be allowed to negotiate .
It was not clear on what basis a group of individuals could make a
commitment for the Palestinian people . From the political perspec-
tive, the exclusion of the lino potentially set back the Palestinia n
cause . Nonetheless, the Pro did not try to prevent the talks . Th e
Palestinians who participated said they would act under lino direc-
tion . Proceeding on this basis, the Palestinian negotiators entere d
talks in Washington in 1991, under the auspices of the U .S . Depart-
ment of State . As they formulated negotiating positions, the Pales-
tinian negotiators conferred with the p ro leadership, then based i n
Tunis .
The Palestinian negotiators were concerned not only about wha t
they might negotiate with Israel, but as well about what was occur -
ring on the ground . The upsurge in settlement activity resulting fro m
the Soviet immigration might preempt the outcome of the negotia -
tions over settlements . The Palestinian negotiators took the positio n
with Israel that before serious talks on any topic could begin, Israe l
must freeze the construction of settlements .6 Israel was not willin g
to stop the settlement building . The talks languished . Settlem en t
continued . The Labor Party government that came into office in Is-
rael in 1992 said it would build less expansively, and it reduced th e
financial incentives given to settlers .' Nonetheless, it continu e d
construction at significant levels .8 A group of Israelis who oppo sed
Oslo via Madrid 21 7
the settlements challenged them in the Supreme Court of Israel, bu t
the court declined to rule on what it considered a political issue .'
While the Washington talks faltered, secret discussion began in Osl o
between Israel and the lino . Despite its oft-stated refusal to deal wit h
the PLO, Israel had reasons to do so . If the Pro could be convinced t o
say that Israel had a right to exist, more Arab governments might rec -
ognize it. Acceptance in the region was a key Israeli objective . At the
practical level, Israel was having trouble maintaining order in the Pal -
estinian territories . If it could turn control over to the lino, Israe l
could be relieved of policing and thus avoid the bad press and domesti c
criticism over its methods in suppressing the Palestinian intifada . 1 D
For the PLO, a dialogue with Israel gave it a central role at a tim e
when the organization's fortunes were low, its military option ex-
pended . Israel's willingness to talk with the lino suggested that Israe l
might be prepared to compromise on major issues .
In contrast to the position taken by the Palestinian negotiators i n
Washington, the Pro did not insist that Israel agree to freeze settle-
ments . Israel would turn over partial control in Gaza and the West
Bank to the Pno, and the two parties would begin negotiating withi n
three years about borders, Jerusalem, refugees, settlements, and se-
curity arrangements . These agreements were recorded in a Declara-
tion of Principles, which the parties signed at a ceremony in Wash-
ington in September 1 993• "
Simultaneously, each side recognized the other . Prime Minister
Itzhak Rabin sent Chairman Yassir Arafat a letter reciting, "Israel ha s
decided to recognize the PLo as the representative of the Palestinia n
people." Arafat sent Rabin a letter reciting, "The PLo recognizes the
right of the State of Israel to exist in peace and security ." 1 2
The declaration recited that the parties would negotiate on th e
basis of UN Security Council Resolution 242 . The Pro's concern tha t
Resolution 242 regarded the Palestinians only as individuals, but no t
as an entity with territorial rights, was addressed by Rabin's recogni-
tion of the Pro, and by the declaration's reference to borders as a
matter to be negotiated . Negotiating borders implied a Palestin e
state alongside Israel .
S ettlement activity provided the first indication that the Declaratio n
of Principles would not lead to an easy final agreement . Israel con-

218 Resolution of the Palestine-Israel Conflict
tinued to expand its settlements . In 1995 it announced that it woul d
expropriate new tracts of land in east Jerusalem to build housing fo r
Jews. The UN Security Council met on the matter. The delegate fro m
the United Kingdom said that Israel should "refrain from taking ac _
tions which seek to change the status quo on this most sensitive o f
all issues before the conclusion of the final-status negotiations .'s ,
Delegates of Russia, Indonesia, Italy, and France all expressed con-
cern that the land seizures were intended to preempt the Palestinia n
claim to east Jerusalem . 1 4
The PLO viewed this settlement activity as inconsistent with th e
Declaration of Principles for the same reason . It demanded " cessa-
tion of all actions that may preempt negotiations on the final settle-
ment, including the termination of all colonial settlement activitie s,
whether old or new ." '' Although the Declaration of Principles di d
not forbid new settlements, under international law parties mus t
fulfill treaty obligations in good faith . A state that agrees to resolve a
contentious issue may not take action that renders the issue mor e
intractable . 16
In 1997 Israel announced yet another major settlement initiative .
It would construct 6,5oo units of housing for Jews in a section of eas t
Jerusalem called Jebel Abu Ghneim . The projected settlement, to b e
named Har Homa, was problematic not only for the land it would tak e
and the new population it would bring into east Jerusalem but for it s
location . Har Homa would complete a string of settlements betwee n
east Jerusalem and the rest of the West Bank, thus cutting east Jeru -
salem's Arabs off from the rest of the West Bank .
Har Homa would also strengthen Israel's claim to sovereignt y
over east Jerusalem . Providing justification for the fear that settle-
ments would preempt an agreement, Israel's minister of internal se-
curity, Avigdor Kahalani, said that an aim of the new constructio n
was to "make unequivocally clear that Jerusalem is the Jewish capi-
tal, and we can build within its municipal boundaries ."' 7
The UN Security Council met . A European-sponsored resolutio n
was proposed to condemn Israel's settlement plan as illegal, and as a
"major obstacle to peace ." Fourteen of the Council's fifteen member s
voted in favor of the draft resolution, but the United States vetoed . '
The General Assembly then took up the matter and adopted th e
failed Security Council resolution as its own . This resolution aske d
Israel "to refrain from all actions or measures, including settlemen t
Oslo via Madrid 21 9
activities, which alter the facts on the ground, preempting the final
status negotiations, and having negative implications for the Middl e
East Peace Process ."19
When Israel began construction of Har Homa, yet another draf t
resolution was proposed in the Security Council, to demand tha t
Israel "immediately cease construction of the Jebel Abu Ghneim set-
tlement in East Jerusalem, as well as all other Israeli settlement ac-
tivities in the occupied territories ." Thirteen states voted in favor ,
but again the United States vetoed .20
In casting vetoes, the United States did not view the construc-
tion as lawful . Rather, in line with its emphasis on the bilatera l
negotiation process, it said that the UN was not the "proper forum."
As viewed by other UN member states, however, the settlement s
threatened a peace arrangement and thus were very much the con-
cern of the UN . The UN General Assembly condemned the Har Hom a
construction and asked states not to give aid to Israel that might b e
used for it.21
When by mid-1997 no action had been taken by Israel to sto p
construction of Har Homa, the General Assembly met again in spe-
cial session . This time it asked states to prevent even private partie s
from involvement in Israel's settlement construction . It also calle d
on Israel to provide information on goods produced in its settle-
ments, so that other states might determine if their nationals wer e
involved. 22
To provide secure access to settlements, Israel began buildin g
connector roads, confiscating more of the Palestinians' land for th e
purpose. The Palestinians increasingly were boxed into small parcel s
of territory.

30
Talks Fail :
The Sword Replaces the Pe n
the daily humiliation of Palestinians —un Committee on the Rights of th e
Child
Settlements were not the only issue on which Israel showed reluc-
tance. It stated a negative position on a repatriation of displaced Pal -
estinians. Prime Minister Benjamin Netanyahu, speaking in antic-
ipation of negotiations with the rho, said that Israel would oppos e
"the right of return of Arab populations to any part of the Land o f
Israel west of the Jordan River."' Netanyahu thus opposed not only a
repatriation to Israel, but even Palestinian immigration to the pro-
jected Palestine state .
European states were alarmed at Israel's intransigence, whic h
was seen as being at odds with the commitment in the Declaration o f
Principles to seek a peace settlement. Europe, a major export marke t
for Israel, pressured Israel in the economic realm . In 1995 the Euro-
pean Union concluded with Israel an agreement like others it ha s
with non-European states, to allow for reduced tariffs on their prod -
ucts entering Europe . Reduced tariffs would apply to products of Is -
raeli origin . 2
In identifying products, Israel included, as Israeli-produced, item s
from its settlements in the Palestinian territories . The Europea n
Commission, the executive arm of the European Union, interprete d
the agreement as excluding goods from Gaza and the West Bank, sinc e
they are not territory of Israel . It asked Israel to specify which prod -
ucts had their origin in Israel, and which in the occupied territorie s .
Israel refused .' It said that the Lu was trying "to prejudge Israel ' s
borders, before this problem is duly settled in Israel's talks with it s
neighbours ." This reply suggested that Israel might be planning to
Talks Fail 22 1
keep Gaza and the West Bank . The European Commission began t o
make its own determinations about the true origin of goods marke d
',made in Israel" and asked member states not to import product s
from Israeli settlements!'
Sympathy for the PLO grew at the United Nations as Israe l
showed itself unwilling to deal in good faith with the issues to b e
resolved . In 1998 the General Assembly upgraded Palestine's ob-
server status, giving it additional privileges at the UN . The assembly
recited that its aim was to contribute to "the achievement of th e
inalienable rights of the Palestinian people ."
In 1999 Israel and the PLO finally began the negotiations antici-
pated by the Declaration of Principles . Prospects for an agreemen t
were not great . The PLO considered that it had made its compromis e
with Israel by agreeing to forgo a claim to territory in the portion o f
Palestine that the Jewish Agency took in r948 . Israel had taken not
only the 53 percent proposed by the uN General Assembly, but addi -
tional land that gave it 78 percent of Palestine . Now the PLO was
prepared to let Israel keep this land . From the PLO 's perspective, al l
that remained for Israel was to agree to pull out of Gaza and the Wes t
Bank, including east Jerusalem, remove its settlers, and allow th e
Palestinians displaced in 1948 to return . The PLO would be settlin g
for territory comprising only 22 percent of mandate Palestine .
Israel's expectations were less clear . Moreover, it was not ob-
vious that there was a unified Israeli expectation . The left was mor e
inclined than the right to withdraw from Gaza and the West Bank .
Jerusalem was sought as appertaining to Israel, including east Jeru-
salem, which by then had a population of Jews equal to the popula-
tion of Arabs . As for the displaced Palestinians, no significant politi -
cal force in Israel was willing to consider a repatriation . It was hoped
that the Palestinians, by taking territory for a state, would forgo thei r
claim of a right to return to home areas within Israel . If Israel was t o
be a Jewish state, and Palestine a Palestinian state, then a repatria-
tion of Arabs to Israel seemed to Israelis to be inconsistent .
After desultory negotiation in the winter of 1999-2000, Israel an d
the rho accepted an invitation from President Bill Clinton to meet a t
the presidential retreat at Camp David, Maryland . The two partie s
talked, but to little end . Israel demanded that it be allowed to kee p
most settlers in place and retain control of the borders . On Jerusalem,

222 Resolution of the Palestine-Israel Conflict
it said the Palestinians could control Arab neighborhoods, a proposa l
that would leave Jerusalem in Israeli hands. Israel rejected a re patria-
tion of the displaced !
Israel's refusal to acknowledge Palestinian rights led the Pales-
tinian public to despair over a negotiated peace . Rioting ensued whe n
Israel sent police to accompany Ariel Sharon and others on a visit t o
the Muslim holy site Haram al-Sharif in Jerusalem, as a demonstra-
tion of Israel's claim to east Jerusalem . A new intifada followed . Osl o
had brought the Palestinians only more Israeli settlers . This intifad a
involved not merely youths hurling stones but organized armed re-
sistance . The situation on the ground deteriorated . Ariel Sharon, b y
now prime minister, declared the Oslo process "dead" and Arafa t
"irrelevant ." A last attempt at negotiating was made in January 2001 ,
but again without result .
Palestinian groups began suicide bombings against civilians in -
side Israel . Israel re-occupied West Bank towns it had allowed th e
PLO to administer . The UN Security Council asked Israel to with -
draw but did nothing to enforce its call .' The IDF assassinated Pales -
tinian resistance figures, firing missiles from helicopters that some -
times hit the intended target, and sometimes hit bystanders .
Daily life for the Palestinians in the occupied territories reache d
a new low. IDF checkpoints popped up all over, making it even les s
possible than before for Palestinians to get to their jobs, to marke t
their products, or to have access to health care .
The United States backed Sharon's refusal to negotiate with Ara -
fat, and in 2003 a Palestinian position of prime minister was create d
to bring a new figure into the picture for possible negotiations .
Although the United Nations did nothing to turn this situatio n
around, its agencies that were not hamstrung by the veto power ex-
amined what was occurring and reported on it . As the intifada and re -
prisals proceeded, the UN Commission on Human Rights dispatche d
fact-finding missions that visited the Palestinian territories and cas-
tigated Israel for abusing the Palestinians .9
Treaty-monitoring committees also criticized Israel . In the i99o s
Israel ratified human rights treaties that required it to report periodi-
cally to these committees . When Israel filed reports, it included infor -
mation on its human rights performance only in its own territory, bu t
not in Gaza or the West Bank . Israel took the position that provisio n s
Talks Fail 223
in these treaties that describe the scope of a state's obligations do no t
require a state to apply them outside its own sovereign territory . The
committees, citing the same provisions, replied that Israel's obliga-
tions under these treaties extend to non-Israeli territory it occupies .
Examining Israel, these committees pressed it for information abou t
its practices in Gaza and the West Bank . 1 0
The Human Rights Committee, which monitors the Interna-
tional Covenant on Civil and Political Rights, found Israel in vio-
lation for the assassination of opposition figures, for demolishin g
Palestinian houses as a punishment, for using physical force in inter-
rogating suspects, and for building a security barrier that the commit -
tee said would disrupt access to health care and to water sources . "
The Committee on the Rights of the Child, which monitors th e
Convention on the Rights of the Child, addressed the issue of vio-
lence by Palestinians . It noted "continuing acts of terror on bot h
sides, especially the deliberate and indiscriminate targeting and kill-
ing of Israeli civilians, including children, by Palestinian suicid e
bombers ." But the committee found that Israel's own actions were a t
the root of this violence : "the committee recognizes that the illega l
occupation of Palestinian territory, the bombing of civilian areas,
extrajudicial killings, the disproportionate use of force by the Israel i
Defence Forces, the demolition of homes, the destruction of infra -
structure, mobility restrictions and the daily humiliation of Pales-
tinians continue to contribute to the cycle of violence ."12 Evalua-
tions by these committees did not lead to visible change, but the y
brought a new level of informed criticism of Israel .
When the intifada erupted in Gaza and the West Bank in 2000, many
Israeli Arabs took to the streets in support . Israeli Arabs had re-
mained on the sidelines during the intifada of 1987 . Their new activ -
ism shocked the Israeli government . Prime Minister Ariel Sharon,
calling them disloyal, suggested that if a Palestine state were estab-
lished, the Israeli Arabs should go there . This hint at a new expulsio n
only soured further the prospects for negotiation .
Israel had taken steps in the 19905 to relieve discriminatio n
against Israeli Arabs . Yet the basic pillars of inequality remained : the
Law of Return, the Nationality Law, and the land tenure system .
The Committee on Economic, Social and Cultural Rights, whic h
monitors the International Covenant on Economic, Social and Cul-
224 Resolution of the Palestine-Israel Conflict
tural Rights, noted in 2003 "the continuing difference in trea tmen t
between Jews and non-Jews, in particular Arab and Bedouin c ommu -
nities, with regard to their enjoyment of economic, social and cul-
tural rights ." It said that an "excessive emphasis upon the State as a
'Jewish State' encourages discrimination and accords a second-clas s
status to its non-Jewish citizens ." 13
The situation of internally displaced Israeli Arabs remains unre-
solved . As we saw in chapter 13, Arabs who were forced out of thei r
homes in 1948 but remained in Israel were not permitted to reoccup y
their home areas . Many lived in squalid circumstances in new make -
shift towns . They pressed the government to repatriate them, bu t
Israel continued to refuse .
31
Jerusalem and the Settlements:
Who Should Stay?
Negotiations shall cover . . . Jerusalem . —Declaration of Principles, 1 99 3
The issues identified in the Declaration of Principles of 1993 still cry
out for resolution . Until that occurs, unrest is likely to flare from
time to time . Palestinians will continue to live in impossible circum -
stances . Israelis will live in fear of violence against them .
In this conundrum no single territorial sector is more conteste d
than Jerusalem, which both sides claim as their capital . "Jerusalem ,
complete and united" is "the capital of Israel," declares an Israel i
statute .' The phrase "complete and united" means the western an d
eastern sectors, the eastern sector in the boundaries that Israel ex -
tended in 1967 farther into the West Bank . An Israeli court has read
the statute as an assertion of sovereignty over both sectors .2
The Palestinian claim is asserted no less strongly . When the Pal -
estine National Council issued its call for independence in 1988, it
declared "the establishment of the State of Palestine in the land o f
Palestine with its capital in Jerusalem ."3 The claim for sovereignty i n
Jerusalem is part of the more general Palestinian claim to territory i n
Palestine, based on centuries-long occupation .4
The UN General Assembly's partition resolution of 1947 pro -
posed that Jerusalem be placed under international administration .5
Israel's prime legal claim to territory in Palestine was the partition
resolution (see chapter 7), but since the resolution called for an in-
ternationalized Jerusalem, it provided Israel with no basis for sov-
ereignty in west Jerusalem . West Jerusalem is almost entirely Jewish -
populated, the absence of Arabs the result of their having been force d
out in 1948 (see chapter 5) .
Israel occupied west Jerusalem in 1948 and declared it Israel's

226 Resolution of the Palestine-Israel Conflict
capital in 1950 (see chapter 11) . 6 Other states declined to move thei r
embassies from Tel Aviv to west Jerusalem, however . They viewed
sovereignty over Jerusalem as unresolved and feared that movin g
their embassies to west Jerusalem would bolster Israel's claim . Thei r
refusal to move their embassies bespoke rejection of Israel's claim .
In 1967 the UN Security Council in Resolution 242 asked Israe l
to withdraw from territory that it occupied in that year . This call wa .
read by some as an implicit recognition of Israeli sovereignty in th e
territory it held before June 1967 (see chapter 23), which of cours e
includes west Jerusalem . There is no indication, however, that th e
Security Council implicitly recognized Israeli rights over west Jeru -
salem . Resolution 242, only a few paragraphs in length, made n o
attempt to deal with the many outstanding political and territoria l
issues . After 1967 other states kept their embassies in Tel Aviv, a fac t
that suggests that they did not view Resolution 242 as changing th e
picture.
While Israel has claimed all of Jerusalem as an Israeli city, th e
P1o, in the proposals it has made, has been more modest, eve n
though it has the stronger legal claim to the city, in its entirety . It ha s
proposed variously an east-west division of Jerusalem or shared sov -
ereignty over the entire city. Moreover, as we will see in the nex t
chapter, it insists on repatriation of the Palestine Arabs displaced i n
1948, which includes the thousands displaced from west Jerusalem .
In the discussion leading to the adoption of Resolution 242, ther e
was uncertainty over how to define the territory from which Israe l
must withdraw . The armistice line drawn in 1949 from which Israe l
started during the June 1967 war represented the positions of Israel i
and Jordanian forces at the time the armistice was agreed . It was no t
intended at the time as an international border . Neither Jordan no r
Israel viewed it as such . The diplomats in 1967 were reluctant t o
enshrine that line, for the first time, as a border . A border might b e
agreed upon in future that would involve trading villages on one sid e
of the line for villages on the other . At the same time, the diplomats
were clear that Israel could not lawfully retain the territory it took i n
June 1967 . '
The United Nations viewed east Jerusalem as part of the territor y
under Israel's occupation . When Israel declared its legislation to ap-
ply in east Jerusalem, the United Nations condemned this measure
Jerusalem and the Settlements 22 7
as tantamount to annexation, saying that Israel held east Jerusale m
only as a belligerent occupant .' When Israel declared the entirety o f
Jerusalem its capital," the Security Council and General Assembl y
each pronounced the action unlawful) 0 The Security Council "re-
affirm[ed] that acquisition of territory by force is inadmissible," an d
"reaffirm[ed] the overriding necessity to end the prolonged occupa-
tion of Arab territories occupied by Israel since 1967, including Jeru-
salem."" These two reaffirmations read as an interpretation by th e
Security Council of Resolution 242 . They make clear that east Jeru-
salem is included in the territory from which Israel must withdraw .
The General Assembly has also been precise on Israel's obliga-
tion to withdraw from east Jerusalem . It stated "that the acquisitio n
of territory by force is inadmissible under the Charter of the United
Nations," and that "Israel must withdraw unconditionally from al l
the Palestinian and other Arab territories occupied by Israel sinc e
1967, including Jerusalem ."'2
In 1990 Israel asserted its claim to east Jerusalem in the midst o f
a controversy with the UN . After a shooting incident in east Jeru-
salem in which Israeli police killed seventeen Palestinians, the U N
Security Council asked the UN secretary-general to propose appropri -
ate measures in response . 13 The secretary-general suggested sendin g
investigators . Israel objected, on the grounds that east Jerusalem wa s
part of its sovereign territory, and that the UN had no right to send
investigators without its permission . It told the secretary-general :
"Jerusalem is not, in any part, 'occupied territory' ; it is the sovereig n
capital of the State of Israel . Therefore, there is no room for an y
involvement on the part of the United Nations in any matter relatin g
to Jerusalem!'" The Security Council backed off sending investiga-
tors but expressed "alarm" at Israel's refusal .'"
East Jerusalem was almost entirely Arab-populated until 1967 . By
2004, 175,000 Jews had moved into east Jerusalem . An Israeli civil
rights organization charged that Israel sought "a demographic an d
geographic reality that will preempt every future effort to questio n
Israeli sovereignty in East Jerusalem ."16
As Israel brought in more Israelis to settle in east Jerusalem, i t
removed many Arabs by a process of attrition . Israel had offered Is-
raeli citizenship to east Jerusalemites after 1967, but few accepted ,
because to do so would have given credence to Israel's claim of sov-

228 Resolution of the Palestine-Israel Conflict
ereignty. Israel devised a legal status for the east Jerusalem Arabs tha t
allowed it to terminate their residency rights . It rationalized tha t
since, by its view, east Jerusalem was part of Israel, and since the eas t
Jerusalem Arabs did not opt for Israeli citizenship, they were " perm a
nent residents" of Israel . By Israel's administrative regulations, such
persons who transferred their "center of life" abroad would lose th e
status of "permanent resident" of Israel and thus forfeit the right to
reside in east Jerusalem .' '
These regulations violated the law of belligerent occupation, un -
der which an occupant must respect the status of the inhabitants i t
finds . That includes their status as citizens of the territory . Israel i s
obligated to respect the status of east Jerusalem Arabs as lawful in -
habitants, with rights that arc not forfeited by temporary residenc e
abroad . Nonetheless, thousands of east Jerusalem Arabs who afte r
1967 went abroad for work or study were deprived by Israel of thei r
right to reside in the city. By the mid 1990s, as a result both of push -
ing Arabs out and bringing Israeli Jews in, the number of Jews livin g
in east Jerusalem inched above the number of Arabs .
As for Israel's settlers in east Jerusalem, their presence violate s
Israel's obligations as a belligerent occupant . As we saw in chapter
24, transferring civilians into occupied territory is prohibited to a n
occupant . As a result, the Israelis have no right to reside in eas t
Jerusalem, absent agreement by Palestine .
By 2004 settlers in Gaza and the West Bank, outside east Jerusalem ,
numbered 225,000 . Like the settlers in east Jerusalem, they have n o
right to remain . They could, in principle, apply to the Palestine gov -
ernment for naturalization . Palestine would not be required to gran t
them the right to remain, however. By international practice, person s
who settle during an occupation acquire no rights against the sov-
ereign. In 1938 Germany occupied and annexed Austria, and Ger-
mans settled in Austria . When Austria in 1945 again began to func-
tion as a state, it adopted a nationality law that extended Austria n
nationality only to those who held it in 1938, plus their descendant s . '
Evacuation would presumably accompany a peace agreemen t .
Israel arranged for evacuation of settlers once before, when it with -
drew from the Sinai Peninsula . After Israel occupied Sinai during th e
1967 war, Israeli civilians began to establish settlements there . In th e
Camp David treaty of 1979 with Egypt, Israel agreed to a "compl ete
Jerusalem and the Settlements 229
withdrawal of all its armed forces and civilians from the Sinai no t
later than three years from the date of exchange of instruments o f
ratification of this Treaty .'"
Evacuation of the settlers is the appropriate solution . As a matte r
of human rights law, the settlers must be treated humanely .20 Israel
evacuated its settlers from the Sinai without violence, despite th e
objections of settlers to moving?' Israel compensated the Sinai set-
tlers in amounts ranging from Sr 32,000 to $437,500 per family .'' 2 The
issue of compensating Gaza Strip and West Bank settlers for leaving
has been publicly discussed in Israel .23 Members of the Knesset hav e
called on the government to allocate funds for this purpose .24
Israel's evacuation of settlers from the Sinai was consistent wit h
international practice . Nationals of an occupying power who settl e
in occupied territory are not entitled to remain when the occupatio n
ends . Italians who settled in territory occupied by Italy during Worl d
War II were not entitled to the nationality of the states in question,
after Italy's withdrawal at the end of the war . The postwar peac e
treaty required states from whose territory Italy withdrew to exten d
nationality to resident Italians, but only to those who were domi-
ciled there as of June ro, 1940, the date on which Italy declared war
on France and Great Britain 25 This limitation excluded Italians wh o
entered under Italian occupation .
Upon a withdrawal, the rights of Palestinians whose land was take n
for settlements must be addressed . Israel took not title to the land but
possession . The taking of possession violated the rules of belligeren t
occupation, since an occupant may not use occupied land to settl e
civilians . Palestinian landowners are entitled both to restoration o f
their land and to compensation for the time they were excluded .
When an occupant withdraws, any land it has occupied typicall y
reverts to its owner . The compensation issue was addressed by the
European Court of Human Rights, when Turkey, after occupying
northern Cyprus in 1974, took over land of displaced Greeks . A
Greek Cypriot woman who was forbidden access to her land i n
northern Cyprus claimed compensation from Turkey for the profi t
she could have gained from her land . Turkey refused to pay . Th e
court ruled in her favor and ordered Turkey to compensate her .26

32
The Displaced :
Where Will They Go ?
Negotiations shall cover . . . refugees . —Declaration of Principles, 199 3
Perhaps the most delicate issue to be negotiated is the status of th e
Palestinian Arabs displaced in 1948 out of the territory that the Jew-
ish Agency occupied . The displaced and their descendants claim a
right to return to their home areas . It is unclear how many woul d
choose repatriation if it were offered .
Israel denies that a state in its situation is obliged to repatriate . In
its view the displaced left voluntarily and thereby forfeited thei r
rights . Moreover, Israel disputes that any right of repatriation fo r
wartime displaced persons can be found in customary internationa l
law, in particular when a new state comes into being in the territory.
Palestine argues for a right of repatriation for the wartime dis-
placed, a right it finds in customary international law, applicable t o
the displaced Palestinians regardless of their reason for departing ,
although the voluntariness of their departure is denied . Israel's ap-
pearance as a new state does not in the Palestinian view negate a
right of repatriation .
In direct dialogue between the parties during 1999-2000, there
was little movement from their polar-opposite positions . The Pales-
tinian view starts from the generally accepted proposition that a
state may not exclude nationals who are, for whatever reason, resi-
dent abroad but who seek to return .' Other states are under no obliga -
tion to accept a non-national permanently . As an incident of a state' s
control over its own territory, it may demand that the state of origi n
repatriate its own nationals .
Additionally, the displaced person has a claim for repatriation, as
The Displaced 23 1
a matter of personal rights . "Everyone has the right to leave an y
country, including his own," proclaims the Universal Declaration o f
Human Rights, "and to return to his country ."z When a treaty, the
International Covenant on Civil and Political Rights, was drafte d
to implement the Universal Declaration, comparable language wa s
used : "no one shall be arbitrarily deprived of the right to enter hi s
own country .'°
Israel defined Israeli nationality in a way that excluded the Pales -
tinians displaced in 1948 (see chapter 17) . An Israeli lawyer has ar-
gued that since Israel does not recognize the nationality of thes e
persons, they have no right to return : "the right [of repatriation] prob -
ably belongs only to nationals of the State, and at most to permanen t
residents . The Palestinian Arab refugees have never been national s
or permanent residents of Israel . "4
The Universal Declaration and International Covenant, how -
ever, both use the term "country" rather than "state of nationality, "
to make clear that the right of entry does not depend on whether th e
state holding the territory recognizes the person as a national . Any-
one who was a national or habitually resident before a change i n
sovereignty is entitled to the nationality of the successor state .5 A
country's "population follows the change of sovereignty in matters o f
nationality."6 Treaties of cession of territory routinely give inhabi-
tants the nationality of the new sovereign, unless they refuse it .'
The right of individuals to reside in their home country was recog-
nized in the law well before Israel came on the scene . In drafting a
Convention on Nationality in 1930, a research team from Harvar d
Law School said : "those persons who were nationals of the first stat e
become nationals of the successor state, unless in accordance wit h
the provisions of its law they decline the nationality of the successo r
state ."'
The rule requiring a new state to offer its nationality applies, sai d
the research team, in particular when the new state acquires the
territory through hostilities . The Harvard drafters said that this pro -
vision reflected customary law as of 1930 . 9 A leading internationa l
lawyer wrote in 1941, to the same effect, that in customary interna-
tional law : "The nationality of the predecessor state is lost and tha t
of the successor .state is acquired by such inhabitants of the ceded o r
annexed territory as were subjects of the superseded sovereign ."10

232 Resolution of the Palestine-Israel Conflict
A treaty between Greece and Turkey in 1923 is sometimes re _
garded as demonstrating that the will of inhabitants need not b e
respected, and that it it is proper to move populations to avoid con _
flict between them. The treaty provided for an exchange of Gree k
inhabitants of Turkey to Greece, and of Turkish inhabitants of Greec e
to Turkey, without consideration of the desires of the individual s
involved ." The treaty was concluded, however, not on the basis o f
the advisability of separating the two population groups but as a
matter of expediency . Turkey had unilaterally expelled Greeks wh o
were longtime residents of Turkey . Greece was unable to persuad e
Turkey to repatriate them .
The treaty gave Greece a way of coping with this unlawful fai t
accompli, by allowing Greece to expel Turks to free land on whic h
the expelled Greeks could make a living . The expulsion by Turke y
was regarded as unlawful .12 Lord Curzon said of the treaty that th e
compulsory transfer was "a thoroughly bad and vicious solution, fo r
which the world would pay a heavy penalty for a hundred years t o
come ."13
In 1948 the UN acted on the assumption that the displaced Palestin-
ians had a right to return . The UN mediator for Palestine, Coun t
Folke Bernadotte (see chapter ro), recounted the horrors that befel l
the Palestinians as they were forced out of their homes. Shortly be-
fore being assassinated, Bernadotte wrote in his progress report to th e
UN that "it would be an offence against the principles of elementa l
justice if these innocent victims of the conflict were denied the righ t
to return to their homes ."14
A few months later, the UN General Assembly adopted a resolu-
tion reciting "that the refugees wishing to return to their homes an d
live at peace with their neighbours should be permitted to do so a t
the earliest practicable date" (see chapter a ), I5 The assembly set up a
Conciliation Commission for Palestine, to promote repatriation an d
resolve other issues . The Commission pressed Israel for immediat e
repatriation . When Israel balked, a commission member appointe d
by the United States called Israel's refusal "morally reprehensible ."'
The assembly thereafter repeated this demand on Israel year afte r
year.
Israel and Palestine spar about the meaning of this General As-
sembly resolution . Israel views it as a request only, since the Gener a l
The Displaced 23 3
Assembly does not have decision-making power . Palestine reads th e
resolution as a demand . It views the assembly's call for repatriatio n
as a reflection of a customary norm of international law requirin g
repatriation of the wartime displaced . In the Palestinian view, th e
legal force of the call rests not on the call itself but on the underlyin g
principle of law.
Israeli analysts point out that the resolution did not use the ter m
"right" in regard to repatriation, but rather that it said that the refu-
gees "should be permitted" to return . They cite this choice of termi-
nology as meaning that repatriation was viewed merely as desir-
able." By saying that the displaced "should" be permitted to return ,
however, the assembly was indicating what Israel should do to im-
plement what the assembly viewed as a right . During the discussio n
in the General Assembly, China, for example, referred to "the right s
of the Arab refugees to return to their homes!'" Colombia said tha t
"they should have the right to choose between receiving compensa-
tion or returning to their homes ."lv In resolutions in later years the
General Assembly did use the term "right ." In one resolution, i t
referred to "the inalienable right of the Palestinians to return to thei r
homes and property from which they have been displaced and up -
rooted," and "call[ed( for their return ."20
UN Security Council Resolution 242, which the parties took as a
basis for the post-Oslo negotiations, calls for "a just settlement of th e
refugee problem," without using the term "right ." 21 That phrasing i s
taken by Israeli analysts to mean that any settlement that is just wil l
suffice, whether repatriation or some other resolution, perhaps reset-
tlement in other countries .22 "Just settlement," however, is mor e
plausibly read to mean that which the United Nations had foun d
since 1948 to be a just outcome for the displaced Palestinians, namel y
repatriation . 23
Prime Minister Benjamin Netanyahu of Israel said that returnin g
Palestinians might be a fifth column and a demographic threat t o
Israel as a Jewish state .24 Whatever the validity of these concerns,
they do not trump the right of return . Neither demographic balanc e
nor military security justifies a refusal to repatriate . The states o f
t emporary residence cannot be compelled to accept a new populatio n
because the state of origin desires a given ethnic balance or is experi -
encing security problems . Nor, on such grounds, can the human right

234 Resolution of the Palestine-Israel Conflict
of entry to one's country be limited . In UN practice calls on states t o
repatriate have been made, for example with regard to the territory o f
the former Yugoslavia in the 199os, even where a military situatio n
was tenuous, and where ethnic conflict was intense .25 The UN High
Commissioner for Refugees has promoted repatriation in the face o
security concerns .25
When the repatriation clause was debated in the UN Genera l
Assembly in 1948, Guatemala moved to amend to require Israel to re -
patriate only "after the proclamation of peace by the contending par -
ties in Palestine, including the Arab states . "27 Guatemala feared tha t
Palestinians who returned before a peace agreement "would not obe y
the Government," and that "their return could only create new diffi -
culties and bloodshed ."' Israel applauded Guatemala's proposal .29
The proposal was rejected .30 The United Kingdom replied, " There
were minorities in many countries which disputed the rights of thei r
Governments or indeed of their State to exist ." The United Kingdo m
did not think "that such minorities should be driven out as refugee s
into other countries because of differences of political opinion wit h
the Governments of the countries in which they lived ."3 L
The United States "could not accept the proclamation of peace a s
a prerequisite for the return of refugees ." "These unfortunate peo-
ple," it said, meaning the displaced, "should not be made pawns i n
the negotiations for a final settlement ."3'
The view of the General Assembly thus was that under interna-
tional law, Israel must repatriate the displaced Palestinians, and tha t
repatriation could not be put off to the time of an eventual peac e
agreement . After Oslo, with a peace agreement to be negotiated, Is-
rael continued to refuse to consider repatriation . No longer able to
argue that the issue should be deferred until a peace agreement, it fel l
back on demographics and physical security .
As a legal matter, the repatriation issue involves both the individua l
rights of each displaced person and a collective right of the Palestin -
ians as a people . The UN General Assembly has referred to the re-
patriation as a right in both senses .
Repatriation should, to be sure, be addressed by the govern-
ments, as contemplated by the Declaration of Principles of 1993 .
That is how the matter has been handled in other conflict situations .
The agreement that ended the hostilities in Bosnia provides : "All
The Displaced 235
refugees and displaced persons have the right freely to return to thei r
homes of origin . . . . The Parties confirm that they will accept th e
return of such persons who have left their territory, including thos e
who have been accorded temporary protection by third countries ."33
The right was that of individuals, but the negotiation was done at th e
governmental level .
The PLO has indicated that because the right of return is an indi-
vidual right, it is constrained in what it can concede to Israel . Were
the PLO to concede rights that adhere to individuals, the right of th e
individuals would not be extinguished but could still be pursued .
The absence of a role in the negotiations for the internationa l
community reduces the likelihood that a provision calling for th e
repatriation of the displaced will be written into a peace agreement .
In other conflict situations, where there has been an outflow of per -
sons, the international community typically views repatriation as a
basic element of a peace arrangement . A peace settlement that ex-
cludes the displaced leaves a major issue unresolved .
Repatriation after the passage of time presents practical diffi-
culty. However, it is not impossible . In 1995 Lennart Meri, president
of Estonia, offered to repatriate Baltic Germans, including descen-
dants, who had been forced out of Estonia and Latvia under Soviet -
German agreements reached in 1939 .34 Thousands of Crimean Tatar s
forced out of Crimea in 1944 were repatriated in the 199os, even
though many of their towns no longer existed, and despite an influ x
of others during the intervening half-century . 35
If the governments of Israel and Palestine were to fail to deal wit h
the issue, it would remain open, and the disaffected could press their
claims against the appropriate government, or before internationa l
human rights enforcement organs .

33
The Way Forward:
Peace or Confrontation ?
. . . to practice tolerance and live together in peace with one another as goo d
neighbors . —Preamble, UN Charte r
From the days of the League of Nations, it was apparent that th e
Zionist project was taking Palestine in a direction incompatible wit h
the rights of the population . The Jewish immigration permitted b y
Britain in fulfillment of that project set Palestine on a road to disas-
ter. Britain let migration continue even as it became obvious that th e
migration threatened the aspirations of the population to an indepen-
dent national existence .
The mandate system was a compromise between the nineteent h
century and the twentieth . A Europe that was beginning to doub t
colonialism had not fully embraced self-determination . From th e
perspective of colonialism, the insertion of an outside populatio n
was acceptable . From the perspective of self-determination, it wa s
anathema . The Arabs of Palestine, like Arabs elsewhere in the re-
gion, sought immediate independence . Finding no way out of th e
dilemma it had created, Britain withdrew.
The United States emerged from World War II as the major worl d
power and replaced Britain as a power broker in the Middle East .
With oil as the attraction, the United States began to inject itself int o
domestic politics . In Palestine, it fostered the emergence of a Jewis h
state . Intent, like the European powers, on keeping displaced Euro-
pean Jews from thronging its borders, the United States pushed th e
partition proposal through the UN General Assembly, even thoug h
many non-European UN members viewed partition as inconsiste n t
with the national rights of Palestine's Arab population .
Although the United States quickly dropped its support for parti -
The Way Forward 23 7
tion and promoted a temporary UN trusteeship over Palestine, Presi-
dent Truman scuttled that approach when he told the Jewish Agenc y
that he would recognize the Jewish state it was poised to declare . B y
removing the UN from the scene, Truman allowed the Jewish Agenc y
to continue to depopulate Palestine of its Arabs .
The UN Security Council bears responsibility, under Chapter 7 of th e
UN Charter, for the international peace . Yet it did little to affect th e
situation in Palestine in 1948 as the Jewish Agency expelled the Ara b
population and extended its control . The UN General Assembly,
which has no operational authority, did what it could by calling o n
Israel to repatriate the displaced Arabs .
When Israel occupied Gaza and the West Bank in 1967, the Se-
curity Council failed to identify Israel as the aggressor or take ef-
fective steps to force it to withdraw . In later years the Security Coun -
cil and General Assembly criticized Israel for mistreatment of th e
Palestinians, putting itself more and more on the Palestinian side o n
the rhetorical level . Yet it did little to affect the situation on th e
ground.
The difficulties of the years 2002–2003 led some Palestinians t o
abandon the two-state idea . If the Palestinians were not to be able t o
establish a genuine state, even in a territory as limited as Gaza an d
the West Bank, they said, perhaps it would be better to let Israe l
absorb the two sectors . For the Palestinians, this would mean operat -
ing within the Israeli political structure, but with the prospect tha t
eventually, they might outnumber the Jews .
That prospect was precisely the dilemma for Israel . If it an-
nexed Gaza and the West Bank, Israel might not long have a Jewish -
majority population . In some circles in Israel, the idea was bandied o f
forcing the Arabs out .
For the Palestinians, one danger of being absorbed into Israel wa s
precisely that Israel might find ways to get rid of them . By keepin g
them in a subordinate status, Israel could make their existence suffi-
ciently difficult that emigration would be attractive . That had bee n
the experience of the occupation of Gaza and the West Bank . Man y
educated youths found little outlet for their skills and left .
In 2002 the League of Arab States offered to normalize relation s
with Israel if it would end its occupation of Palestinian territory . The
238 Resolution of the Palestine-Israel Conflict
league proposed a regional negotiating forum to get Israel back int o
talks. Israel declined the offer .
As the body delegated by the United Nations with the task of main -
taining the international peace, the Security Council cannot perma-
nently remove itself from the longest-standing conflict in the history
of the United Nations . The Council's failure has only been high -
lighted by the period of heightened violence that began in late z000 .
As negotiations were replaced by open hostilities, the Security Coun -
cil sat helpless . With the Security Council marginalized, the Genera l
Assembly in theory could take up the slack . But if the General As-
sembly makes recommendations to states that are opposed by th e
United States, the chances for implementation are remote .
International involvement and an international forum offer bet -
ter prospects for success . If applicable international norms inform th e
negotiations between Israel and the PLO, the parties might achieve a
negotiated solution that could stand the test of time . The interna-
tional community bears a responsibility to ensure an outcome con-
sistent with the legal rights of the parties . If the matter is left ex-
clusively to the parties, there is a serious risk of an inappropriat e
outcome . That would be unfortunate for the inhabitants of the re-
gion . It would also increase the likelihood that the international com -
munity, which has dealt with the Palestinian-Israeli conflict for half a
century, will face many more years of turmoil in the region .
Notes
1 Zionist Settlement in Palestine :
The British Connectio n
Michael Florinsky, Russia : A History and an Interpretation, vol . 2, pp . 1120-112 1
( 1 953) .
2 Raphael Patai led .), The Complete Diaries of Theodor Herz] (1960), p . 1195 . Natha n
Weinstock, Zionism : False Messiah (1979), p . 32 .
3 Florinsky, supra note r, p . 1121 .
4 Arid Hecht, " The Influence of Public Law on Private Ownership of Real Estate i n
Israel" in U . Yadin (ed .), Israeli Reports to the Sixth International Congress o f
Comparative Law (1962), p . 15, at p . 23 .
5 Yigal Alton, "The Zionist Settlement Movement as a Military Factor in the Israe l
War of Liberation," in Dov Knohl (ed .), Siege in the Hills of Hebron : The Battle of
the Etzion Bloc (1958), p . 374, at p . 375 .
6 Abraham Granovsky, " The Struggle for Land," Palestine Yearbook, vol . 2, p .
423, at p . 424 (1946) . Sarni Hadawi, Palestinian Rights and Losses in r948 119881 ,
p . 7 . Neville Mandel, The Arabs and Zionism Before lFhrld War I (1976), p . 231 .
Rosemary Sayigh, Palestinians : From Peasants to Revolutionaries (1979), pp .
44 — 46 .
7 Arieh L . Avneri, The Claim of Dispossession : Jewish Land-Settlement and th e
Arabs 1878—1948 (1984), p . 110.
8 Walter Lehn, The Jewish National Fund (1988, pp . 14—24 .
9 Keren Kayemeth Leisrael Limited (Jewish National Fund), Memorandum o f
Association, art . 3(1), March 28, 1907, reprinted in Palestine Yearbook of Inter -
national Law, vol . 2, p . 1 95 ( 1 9 8 5), cited in Keren Kayemeth Le Jisroel, Ltd . v
Inland Revenue Commissioners, House of Lords, 1932 A .C . 65o (opinion of Lor d
Trimlin) .
to Morris Rothenberg, "Jewish National Fund, " Palestine Yearbook, vol . i, p . 42 5
1 1 945) .
I I Granovsky, supra note 6, p . 424 .
1 2 Memorandum of Association, supra note 9, art . 3 .
1 3 Patai, supra note 2, p . 88 .
1 4 Kenneth Stein, The Land Question in Palestine, r9r7—1939 (1984)), p . 24 .
1 5 Rashid Khalidi, " Palestinian Peasant Resistance to Zionism before World War I,"
in Edward Said and Christopher Hitchens (eds .), Blaming the Victims : Spuriou s
Scholarship and the Palestinian Question 11988), p . 207, at pp . 214, 216-217 .


240 Notes Notes 24 1

16 Laurence Oliphant, Haifa, or Life in Modern Palestine (1887), reprinted as Ha i fa 41 Norman Bentwich, England in Palestine (1932), pp . 2—12 . Weizmann, supra note
or Life in the Holy Land x881—1885 (1976), pp . 73—77 . 3S,PP .2 54 — 25S .
17 Yitzhak Epstein, "A Hidden Question " (lecture at Seventh Zionist Congress, Basle , 42 Charles Webster, The Foreign Policy of Palmerston '830—1841, vol . 2, p . 761 (19691 .
1905), reprinted in New Outlook (December 1985), p . 27, at p . 28 . Weinstock, supra note 3, p . 53 .
18 Ahad Ha ` am, Letter of November 18, 1913, to Moshe Smilansky, in Hans Kohn 43 Richard P. Stevens, " Zionism as a Phase of Western Imperialism," in Ibrahim Abu -
"Zion and the Jewish National Idea, " Menorah Journal, p . 18, at p . 34 (Autumn _ Lughod (ed .), The Transformation of Palestine : Essays on the Origin and Develop-
Winter 1958) . ment of the Arab-Israeli Conflict (1971), p . 27 .
19 Patai, supra note 2, p . 88 . 44 Herbert Adams Gibbons, "Zionism and the World Peace, " Century, vol. 97, p . 368 ,
20 Michael Palumbo, The Palestinian Catastrophe (1987), pp . 11—12 . at p . 371 ( 1919), reprinted in Richard P Stevens, Zionism and Palestine Before th e
21 Moshe Menuhin, The Decadence of Judaism in Our Time (1965 ), p . 52 . Mandate : A Phase of Western Imperialism : An Essay with a Selection of Reading s
22 Lehn, supra note 8, p . 35 . ( 1 972), p . 5o, at pp . 56—57 . Ilan Halevi, Question julve : la Tribu, la Loi, l ' Espac e
23 Avneri, supra note 7, pp . I To—114 . Hadawi, supra note 6, p. 8 . 11981), pp . r 1—12 .
24 Khalidi, supra note 15, pp. 217, 220 . 45 Leonard Stein, The Balfour Declaration (1983), p . 8 .
25 Mohammed Shadid, The United States and the Palestinians (1981), p . 15 . Muham - 46 Florinsky, supra note 1, pp . 861—869 . Arthur L . Goodhart, Israel, the Unite d
mad Y. Muslih, The Origins of Palestinian Nationalism (1988), p . 80 . Nations and Aggression (1968), pp . 7_8 . Gibbons, supra note 44, p . 371 (in Ste-
26 Avneri, supra note 7, p . 1 r3 . vens reprint at pp . 11— r 23 .
27 Simha Flapan, Zionism and the Palestinians (1979), p . 219 . 47 Taylor, .supra note 34, pp . 9—25 .
28 Shadid, supra note 25, p . 15 . 48 Sydney H . Zebel, Balfour : A Political Biography (19731, p . 241 .
29 Yigal Allon, The Making of Israel's Army (19701, p. 4 . Moshe Pearlman, The Arm„ 49 Chaim Weizmann, Trial and Error: the Autobiography of Chaim Weizmann (19491 ,
of Israel (195o), p . 19 . P . 149 .
30 Weinstock, supra note 3, p . 146 . 5o Zebel, supra note 48, p . 244.
31 General Act of the Conference at Berlin, February 26, 1885, British and Foreign 51 Stein, supra note 45, pp . 548— 549 . W Thomas Mallison, " The Balfour Declaration :
State Papers, vol . 76, p . 4 . Also in Clive Parry (ed .), Consolidated Treaty Series , An Appraisal in International Law," in Ibrahim Abu-Lughod, The Transformatio n
vol . 165, p . 48 5 ( 1 97 8 ) . of Palestine: Essays on the Origin and Development of the Arab-Israeli Conflic t
32 Benjamin Beit-Hallahmi, The Israeli Connection : Who Israel Arms and Wh y ( 197 1 1, pp . 61-1I1 .
11987), p . 226 . 52 Marion Mushkat, " Some Legal and Political Problems of the Arab War Agains t
33 Theodor Herzl, The Jewish State (Der Judenstaat) (1970, Harry Zohn, trans .) , Israel," International Problems, vol . 6, nos . 4 — 5, p . 47, at p . 57 (19671 .
p. 53 Stein, supra note 45, pp . 625 -626 .
34 Alan 52 .R . Taylor, Prelude to Israel: .4n Analysis of Zionist Diplomacy 1897—1947 54 Louis Brandeis, " Palestine Has Developed Jewish Character," in Zionist Organi-
( 1 9591, P . 7 . zation of America, Brandeis on Zionism : .4 Collection of Addresses and State-
35 Chaim Weizmann, " The Jewish People and Palestine " (Statement before the Pal - ments by Louis D . Brandeis ( 1 942 ), p . 1 44, at p . 1 47 .
estine Royal Commission, Jerusalem, August 1936), in Paul Goodman (ed .), Chaim 55 Ronald Storrs, Memoirs (19371, p . 364 .
Weizmann : A Tribute on his Seventieth Birthday ( 1 9453, p . 246, at pp . 255—256 . 56 Weinstock, supra note 3, p . 91 .
Nathan Feinberg, "The Recognition of the Jewish People in International Law " 57 Zebel, supra note 48, p . 243 . Max Egremont, Balfour: A Life of Arthur James
Jewish Yearbook of International Law : 1948 ( 1 9491, p . 1, at pp . 12—13 . Walte r Balfour (1980), p . 292 .
Laqueur, A History of Zionism 119763, pp . 126—129 . 58 Weinstock supra note 3, p . 94 .
36 Patai, ,supra note 2, p . 1600 . 59 Zebel, supra note 48, p . 242 .
37 Hannah Arendt, " Zionism Reconsidered," in Hannah Arendt, The few as Parinii 6o Egremont, supra note 57, p . 294 .
(1978), p . 152 . Laqueur, supra note 35, pp . 114—119 . 61 Quincy Wright, " Legal Aspects of the Middle East Situation," Law and Contem-
38 Abdullah Schliefer, The Fall of Jerusalem (19721, p . 23 . porary Problems, vol . 33, p . 5, at p . 12 (19681 .
39 Patai, supra note 2, p . 1194 . 62 Zebel, supra note 48, p . 240 .
40 Frederick S . Rodkey, " Lord Palmerston and the Rejuvenation of Turkey, 1830—41- - 63 Chaim Weizmann, " The Political Situation in 1731 Seventeenth Zionist Con-
Part II, 1839-41," Journal of Modern History, vol. 2, p . 193, at pp . 214-215 ) 1 9 301 ) gress, Basle,. July 1st, 1931," in Goodman, supra note 35, p . 205, at p . 206 .
Regina Sharif, Non-Jewish Zionism : An Investigation into Its Roots and Origins 64 Frank Hardie and Irwin Herrmann, Britain and Zion : The Fateful Entanglemen t
in England in Relation to British Imperialism, 1600—1919 (Baghdad, Symposium (19801, P . 75 .
on Zionism, November 8—12, 1976) . 65 Egremont, supra note 57, p . 294 . Zebel, supra note 48, p . 247 . Maxine Rodinson,
242 Notes
Israel : A Colonial-Settler State? (1973), p . 47 . Paul Fauchille, Trade de droit nn,-r .
national public (1st part), vol . 1, p . 31[5 (19221 .
Ernst Frankenstein, "The Meaning of the Term 'National Home for the Jew1 . h
People ; " Jewish Yearbook of International Law : 1948 111949), p . 27, at p .
Weinstock, supra note 3, p . 99 .
Weizmann, supra note 63, p . 206 .
Report of the Palestine Royal Commission (Peel Commission), July 1937, Cut .
mand Paper 5479, p . 23 .
Weinstock, supra note 3, p . roe, .
Arendt, supra note 37, p . 152 .
Nathan Feinberg, " The Arab-Israeli Conflict in International Law (A Critical Anal
ysis of the Colloquium of Arab jurists in Algiers)," in Nathan Feinberg, Studies i n
International Law with Special Reference to the Arab-Israel Conflict (1979) , p ,
433, at pp . 5oo—5or .
7 2 Frankenstein, supra note 66, pp . 28—29 .
7 3 Weizmann, supra note 35, p . 258 .
7 4 Foreign Relations of the United States : Paris Peace Conference 1919, vol . 4, p . S y
1 1 943) .
7 5 Ritchie Ovendale, The Origins of the Arab-Israeli Wars (1984), p . 47 .
7 6 Id ., p .45 .
7 7 Foreign Relations of the United States: Paris Peace Conference 1919, vol . 4, pp .
161—162 ( 1 943) -
78 Israel Cohn led .), Speeches on Zionism by the Right Non . the Earl of Balfou r
(1928), pp . 25—26 .
79 Documents on British Foreign Policy 1919—1939, 1st series, vol . 45 p . 345 ImemO -
randum by Balfour to Curzon, August u, 1919) .
8o Hugh O 'Beirne, in Hardie and Herrmann, supra note 6 4, p . 97 .
81 Shadid, supra note 2 5, p . 25 .
82 Chadwick E Alger, " The Quest for Peace," Ohio State University, Mershon Center,
Quarterly Report, vol . 1[1, no . 2, p . 1, at p . 3 (1986) .W Ofuatcy-Kodjoe, The Prin : i-
pie of Self-Determination in International Law 119771, p . 70 .
8 3 Gibbons, supra note 44, p . 374 (in Stevens reprint at p . 63) .
8 4 Secretary of State Robert Lansing, 1918, in Leften Stavrianos, Global Rill :
Third World Comes of Age ( 1 9 8 1 ) , p . 5 1 3 .
85 Muslih, supra note 25, pp . 178—190 .
86 Report of the King-Crane Commission, in Foreign Relations of the United .States :
Paris Peace Conference 1-919, vol . 12, p . 747, at pp . 79 2— 793 11947) .
87 Foreign Relations of the United States : Paris Peace Conference 1919, vol. + p . 1 "
1 1 943) -
88 Albert Hyamson, Palestine : a Policy (1942), pp . 129—130 .
89 Telegram, Lune 20, 1919, C . R . Crane and H . C . King to President Wilson, Fotc/'i i
Relations of the United States : Paris Peace Conference 1919, vol . 12, p. 748 I
9 0 Anstruther MacKay, " Zionist Aspirations in Palestine, " Atlantic July 192=' ,
p. 122, at p . 124 .
91 Morris R . Cohen ., " Zionism : Tribalism or Liberalism? " in Morris R . Cohen ; Th e
Faith of a Liberal (1946), pp . 329—330, originally published in New Republic, ci cl
Notes 24 3
18, p . 182 (March 8, 1919) .
92 Foreign Relations of the United States : Paris Peace Conference 1919, vol . 4 ,
P .1 70 ,1 1 943) -
93 Id., p . 165 .
94 Chaim Weizmann, 'Address" (Czernowitz, Rumania, December 12, 19271, i n
Goodman, supra note 35, p. 199 .
95 Letter of Representative Julius Kahn to President Woodrow Wilson, New York
Times, March 5, 1919, p . 7 .
96 Statement of N . Sokolow, Foreign Relations of the United States : Paris Peace Con-
ference 1919, vol, 4, p . 161, 1 1 943) .
97 Gibbons, supra note 44, p . 374 in Stevens reprint at p . 63) .
2 Zionist-Arab Conflict under the British Mandate :
The Struggle for Land
Christian Science Monitor, March 3, 1 939, p . 3 . Mahatma K . Gandhi, " The Jew s
in Palestine, 1938," in Walid Khalidi, From Haven to Conquest: Readings in Zion -
ism and the Palestine Problem until 1948(1971), pp . 367—368 .
General Syrian Congress, Resolution, Damascus, July 2, 1919, in George Antonius ,
The Arab Awakening: The Story of the Arab National Movement 11946), p. 440 .
James Brown Scott, " The Two Institutes of International Law, " American Journa l
of International Law, vol . 2 3, p . 9 1 ( 1 93 2 ) .
Report of the United Nations Special Committee on Palestine, General Assem-
bly Official Records, 2d sess ., Supplement No. IT, September 3, 1947 . UN Doc .
A/364, vol. I, p . 29 .
Legal Consequences for States of the Continued Presence of South Africa i n
Namibia (South-West Africa) Notwithstanding Security Council Resolution 27 6
(19701, International Court of Justice, Reports of judgments, Advisory Opinions
and Orders (1971), p . 1, at p . 30, para . 5o . Sally V Mallison and W Thoma s
Mallison, " The juridical Bases for Palestinian Self-Determination," Palestine Year-
book of International Law, vol r, p . 36, at p . 38 (1984) .
5 Duncan Hall, Mandates, Dependencies, and Trusteeships (1948), p . 81 .
6 Aaron Margalith, The International Mandates 119301, p . 46 . International Statu s
of South-West Africa (Advisory Opinion), International Court of Justice, Report s
of Judgments, Advisory Opinions and Orders 11950), p . 131 .
7 Quincy Wright, Mandates Under the League of Nations (19301, p . 530 .
8 Legal Consequences for States, supra note 4, p . 31, para . 53 .
9 Michael Akehurst, "The Arab-Israeli Conflict in International Law, " New Zea-
land Universities Law Review, vol . 5, p . 231, at p . 235 (19731 .
10 Covenant of the League of Nations, art . 22, para . 4.
11 Report of the Committee of Jurists Entrusted by the Council of the League o f
Nations with the Task of Giving an Advisory Opinion upon the Legal Aspect s
of the Aaland Islands Question, League of Nations, Official Journal, Special Sup-
plement No . 3, pp . 5—6, (October 19201 . Nathaniel Berman, " Sovereignty i n
Abeyance : Self-Determination and International Law," Wisconsin Internationa l
Law Journal, vol . 7, p . 51, at pp . 7 2— 76 (1988) .

244 Notes
12 Mandate for Palestine, art. 2, League of Nations, Official Journal, vol . 8 ,
p . 1007 (19221 ; also in Terms of League of Nations Mandates : Republished by th e
United Nations, UN Doc . A/7o (1946), reprinted from Permanent Mandate s
Commission No . 466, League of Nations Doc . C .529 .M .314 .1992 .VI an d
C .667 .M .396 .1992 .V1; also in Convention between the United States and Grea t
Britain Concerning Palestine, December 3, 1924, United States Statutes at Large ,
vol . 44, p . 2184 .
13 Berriedale Keith, " Mandates," journal of Comparative Legislation and Interna-
tional Law, 3d series, vol . 4, p . 7T, at p . 78 (1922) .
14 Parliamentary Debates (House of Lords), 5th series, vol . 50, col . 1034 (1922) .
15 Nathan Feinberg, "The Arab-Israel Conflict in International Law (A Critical Analy -
sis of the Colloquium of Arab Jurists in Algiers," in Nathan Feinberg, Studies i n
International Law with Special Reference to the Arab-Israel Conflict ( 1 979), p .
433, at pp . 445, 45 2— 453 .
16 Chaim Weizmann, " Palestine in 1936 : Address given at Chatham House, Lon -
don, on rune 9th, 1936," in Paul Goodman (cd .), Chaim Weizmann : A Tribute o n
his Seventieth Birthday ( 1 945), p . 235, at p . 243 .
17 W Thomas Mallison and Sally V. Mallison, The Palestine Problem in Interna-
tional Law and World Order (1986), pp . 64—65, 172 .
18 Mandate for Palestine, supra note 12, art . 4 . W. Thomas Mallison, " The Lega l
Problems Concerning the Juridical Status and Political Activities of the Zionis t
Organization/Jewish Agency, " William and Mary Law Review, vol . 9, p . 556, a t
pp . 566—57811968/ .
19 Chaim Weizmann, " The Mandatory Power " (Speech at Fourteenth Zionist Con -
gress, Vienna, August 19, 1925), in Goodman, supra note r6, p . 183, at p . 184 .
20 Chaim Weizmann, " Zionism a Political Reality " Speech at Zionist Conference ,
Carlsbad, August 25, 19221, in Goodman, supra note 16, p . 175, at p . 178 .
21 Id., p . 188 .
22 Norman Bentwich, " Mandated Territories : Palestine and Mesopotamia (tract '
British Year Book of International Law, vol . 2, p . 48, at p . 49 (1921-22) .
2 3 Id., p . 56 .
2 4 Kenneth Stein, The Land Question in Palestine, 1917—1939 ( 1 9 8 41 p. 39 . Joh n
Ruedy, " Dynamics of Land Alienation," in Ibrahim Abu-Lughod led .), The Trans -
formation of Palestine : Essays on the Origin and Development of the Arab-Israeli
Conflict (1971), p . 119, at pp . 124—129 . Nathan Weinstock, Zionism : False Messia h
( 1 979), p . 141 . Walter Lehn, " The Jewish National Fund," Journal of Palestin e
Studies, vol . 3, no . 4, p . 74, at pp . 88—96 (r973) . Arieh L. Avneri, The Claim e l
Dispossession : Jewish Land-Settlement and the Arabs 1878—1948 (1984), p . 111 .
Rony Gabbay, A Political Study of the Arab-Jewish Conflict : The Arab Refugee
Problem (A Case Study) (19591, pp . 26—27 .
25 Yigal Allon, The Making of Israel 's Army (1970), p . 6 . Moshe Pearlman, The Arm y
of Israel ( 1 9501, p . 23 .
26 Louis Brandeis, " Palestine Has Developed Jewish Character," in Zionist Organi -
zation of America, Brandeis on Zionism (1942), pp . 1 44 — 148 .
27 Yigal Allon, " The Zionist Settlement Movement as a Military Factor in the Israe l
War of Liberation," in Dov Knohl (ed .), Siege in the Hills of Hebron : The Battle o,'
Notes 245
the Etzion Bloc ( 1 95 8 ), p . 374, at p . 37 5
28 Michael Bar-Zohar, Ben-Gurion : the Armed Prophet (19681, p . 33 .
29 Anglo-American Committee of Inquiry, Report to the United States Governmen t
and His Majesty's Government in the United Kingdom, Lausanne, April 20, 1946 ,
Command Paper 68o8, p . 24, para . 9, also published by U .S . Dept . of State, 1946 .
Weinstock, supra note 24, pp . 183—186 .
3 0 Haim Hanegbi, " The Histadrut : Union and Boss, " in Arie Bober, The Other Israe l
( 1 972), p. 123, at p. 125 .
3 1 Moshe Menuhin, The Decadence of Judaism in Our Time 11965), p . 64 .
3 2 Walid Khalidi, "The Arab Perspective," in W Roger Louis and Robert W. Stooke y
(eds .), The End of the Palestine Mandate (1986), p . 104 .
3 3 Quincy Wright, " The Palestine Problem," Political Science Quarterly, vol . 41, p .
382, at p . 392 (1926) .
3 4 Id ., p . 403 .
3 5 Quincy Wright, " The Palestine Conflict in International Law, " in M . Khaddur i
(ed .), Maior Middle Eastern Problems in International Law (1 19721, p . 13, at p . 26 .
3 6 Walter Lehn, The Jewish National Fund (1988), p . 54, pp . 77—78 .
3 7 Palestine Land Development Company v . Arab Tenants at Jinujar, and JNF Pur-
chases at Wadi Hawarith, 1929, eviction of tenants, Judgment of the Court, 1 1
June 1930, CO 733/190/77182, in Stein, supra note 24, p . 77 . Saleh Ibrahim Oufi
et al . v. Chief Execution Officer, Nablus, Bishara Tayan's Heirs, Department o f
Lands, and Keren Kayemeth Le-Israel, High Court No . 25 011930, June 4, 1930, in
M . McDonnell, Law Reports of Palestine. Vol. 1, 1920—1933, pp . 47 1— 473 .
3 8 Report of the Palestine Royal Commission (Peel Commission!, July 1937, Com-
mand Paper 5479, p . 223 .
3 9 Avneri, supra note 24, p . 124 . Shabtai Teveth, Ben-Gurion and the Palestinia n
Arabs : From Peace to War (1985), pp . 76—77 .
40 Report of the Commission on the Palestine Disturbances of August 1929 (Shaw
Commission), March 1930, Command Paper 3530, pp . 163—164 . The Times, April
1, 1930 .
4 1 Avneri, supra note 24, p . 130 .
42 Weizmann to Marshall, January 17, 1930, in Simha Flapan, Zionism and th e
Palestinians ( 1 9791, p . 71 .
4 3 Lehn, supra note 36, p . 85 .
4 4 Sally Morphet, " The Palestinians and Their Right to Self-Determination, " in R . J .
Vincent (ed .), Foreign Policy and Human Rights : Issues and Responses (1986), p .
85, at p . 89 . Stein, supra note 24, p . 36 .
4 5 Edward Rizk (trans .), The Palestine Question : Seminar of Arab Jurists on Pales -
tine, Algiers, 22—27 July 1967 (1968), p . 51 . Maxime Rodinson, Israel : A Colonial -
Settler State? (1973), p . 87 .
4 6 Shaw Commission, supra note 40, p . 165 .
4 7 Id ., pp . 123—124 .
4 8 Id ., pp . 124, 166 .
4 9 Id ., pp . 112, 165 .
5 0 John Chancellor to Lord Passfield (colonial secretary), January 17, 1930, in Stein ,
supra note 24, pp . 84—86 .


246 Note s
Notes 24 7

5 Report on Immigration, Land Settlement and Development (Hope Simpson Cu m

1 in Palestine Yearbook of International Law, vol . 2, p . 221 (1985 ) F
mission), October 1930, Command Paper 3686, p . 5r . 8o Lehn, supra note 36, p . 6o .
52 Id ., p . 141 . 81 Lease Contract, arts . 17, 34, in Lehn, supra note 36, p . 192 . Hope Simpso n
53 Teveth, supra note 39, p . 112 . Commission, supra note 51, p . 53 .
54 Stein, supra note 24, pp . 142—172 . Weinstock, supra note 24, pp . 162—163 . 82 Keren Kayemeth Leisrael Limited, Memorandum of Association, art . 3, March
55 Letter to Hans Kohn, May 30, 1930, in Susan Lee Hattis, The Bi-National Idea in 28, 1907, in Palestine Yearbook of International Law, vol . 2, p . 195 ( 1 9 8 5) .
Palestine during Mandatory Times j1970), p . 49 . 83 Avi Shlaim, Collusion Across the Jordan : King Abdullah, the Zionist Movement,
56 Uri Davis, Israel: Utopia Incorporated : A Study of Class . State, and Corporat e and the Partition of Palestine )1988), pp . 51—56 .
Kin Control (1977), p . 56 .
57 David Ben-Gurion, Lecture, Berlin, 1931, in Eric Rouleau, "The Palestinian Quest ;
Foreign Affairs, vol . 53, p . 264, at p . 266 ( 1 975) .
58 Teveth, supra note 39, p . 125 . 3 Things Fall Apart : The Collapse of the British Mandate
59 Stein, supra note 24, pp . 173-211 . I Rony Gabbay, A Political Study of the Arab-Jewish Conflict (19591, p . 32 .
6o Flapan, supra note 42, p. 206 . 2 Anglo-American Committee of Inquiry, Report to the United States Governmen t
61 David Hirst, The Gun and the Olive Branch : The Roots of Violence in the Middl e and His Majesty's Government in the United Kingdom, Lausanne, April 20, 1946 ,
East (1984), p . 63 . Command Paper 68o8, p. 21, para . 12, p . 24, para . 9, also published by U .S . Dept .
62 Abraham Granott (Granovsky), The Land System in Palestine : History anti of State, 1946 .
Structure ) 1 95 2 ), p . 272 . Walid Khalidi in "The Arab Perspective," in W. Roger Louis and Robert W . Stookey
3
63 Peel Commission, supra note 38, p . 241 . (eds .), The End of the Palestine Mandate (1986), p . 104, at p . 106 .
64 Stein, supra note 24, p . 171 . David Hirst, The Gun and the Olive Branch : The Roots of Violence in the Middle
4
65 Constitution of the Jewish Agency, Zurich, August 14, 1929, art . 3(c), in Hop e East 1 1 9 84), pp . 82—83 .
Simpson Commission, supra note 5 1 , p . 53 . Simha Flapan, The Birth of Israel : Myths and Realities j I987), pp . 62—63 . Hirst,
5
66 Lease Contract, art . 25, in Lehn, supra note 36, p . 192 ; and in Palestine Yearboo k supra note 4, pp . 80—81 .
of International Law, vol . 2, p . 221 (1985) . The language quoted in the text is 6 Munya M . Mardor, Haganah (1964), pp . 3—16 . Ilan Halevi, Israel de In Terreur a u
from the English translation . Hope Simpson Commission, supra note 51, p . 53 . Massacre d ' Etat (1984), pp . 97—104 . Yoram Peri, " Bread, Circuses, and Reprisa l
67 Norman Bentwich and Helen Bentwich, Mandate Memories 1918—1948 (1965) , Raids," New Outlook (October—November 1985), p . 7 .
P . 53 7 Simha Flapan, Zionism and the Palestinians ( 1 979), p . 116 . Hirst, supra note 4, p .
68 Arnold Toynbee, "The Present Situation in Palestine," International Affairs : lout - 10t .
nd of the Royal Institute of International Affairs, vol. lo, no . 1, p . 38, at p . tot 8 Defense (Emergency) Regulations, Palestine (Defense) Order in Council, Marc h
(January 1931) . 1 8, 1 937, Palestine Gazette, extraordinary no . 675, supplement no . 2, March 24 ,
69 Hope Simpson Commission, supra note 51, p . 54 . 1 937 .
70 Anglo-American Committee of Inquiry, supra note 29, p . 39, para . 3 . 9 Report of the Palestine Royal Commission (Peel Commission), July 1937, Com-
7 1 Hope Simpson Commission, supra note 5 1 , p . 55 . mand Paper 5479, p . 240 .
72 Noam Chomsky, Peace in the Middle East? Reflections on Justice and Nationhood 10 Id ., pp . 224—225 .
( 1974), P . 12 . I r Id ., p . 241 .
73 Rodinson, supra note 45, p .88 . 12 Id ., p. 235 .
74 Stein, supra note 24, p . 175 . Ariel Hecht, " The Influence of Public Law on Private 13 Id ., pp . 225, 251 . Kenneth Stein, The Land Question in Palestine, 1917—193
9
Ownership of Real Estate in Israel," in U. Yadin (ed .), Israeli Reports to the Sixth ( 1 984), pp . 217—218 .
International Congress of Comparative Law (19621, p . 15, at p . 24 . 14 Richard Crossman, Palestine Mission : A Personal Record 11947), p. 159 .
75 Stein, supra note 24, p . 208 . 15 Peel Commission, supra note 9, p . 381 . Avi Shlaim, Collusion Across the Jordan:
76 Flapan, supra note 42, p . 250 . King Abdullah, the Zionist Movement, and the Partition of Palestine 11988) ,
77 Raanan Weitz, " Settlement," in Israel Pocket Library, Immigration and Settl e p . 62 .
ment in Israel (1973), p . 87, at pp . 92—93 . 16 Peel Commission, supra note 9, pp . 390—391 .
78 Constitution of the Jewish Agency, Zurich, August 14, 192 .9, art . 3(d), in Hope 17 Cable, Arab Higher Committee to League of Nations, September t3, 1937, Leagu e
Simpson Commission, supra note 5 1 , p . 53 . of Nations Doc. C .P.M. 1944, October 13, 1937 .
79 Jewish National Fund, Lease Contract, art . 17, iu Lehn, supra note 36, p . 192 ; anti IS Letter to Moshe Sneh, July 20, 1937, in Shahtai Teveth, Ben-Gurion and the Pal -

248 Notes
estinian Arabs : From Peace to War ( 1 9 8 5), p . 188 .
19 Letters by Ben-Gurion to his children, 1937–38, in Teveth, supra note r8, p . a a
20 Flapan, supra note 5, p . 22 .
21 Flapan, supra note 7, p . 144 .
22 q an Halevi, Sous Israel la Palestine (19781, p . 145 .
23 Judah L. Magnes, "A Solution Through Force? " in Martin Buber, Judah L . Magn,' s
and El Simon (eds .) . Towards Union in Palestine : Essays on Zionism and lewiz h
Arab Cooperation (1947, reprinted 1972), p . 14, at p . 16 . Hirst, supra note 4, p . 3 6 .
24 Ilan Halevi, Question jwve :laTribu, to Loi, l 'Espace (1981), p . 226 .
25 Michael Palumbo, The Palestinian Catastrophe (1987), p . 4 .
26 Stein, supra note 13, p . 91 . David Gilmour, The Dispossessed : the Ordeal of th r
Palestinians (1980), pp . 40–41 . Flapan, supra note 7, pp . 69, 246 .
27 Halevi, supra note 22, p . 138, Palumbo, supra note 25, pp . 23, 32 .
28 Letter to Amos Ben-Gurion, October 5, 1937, in Benny Morris, The Birth of th e
Palestinian Refugee Problem, 1947-194911987), p . 25 .
2 9 Flapan, supra note 7, pp . 263–264.
3 0 Joseph Weitz, 'A Solution to the Refugee Problem : An Israeli State with a Smal l
Arab Minority" Davar, September 29, 1967, p. 3 . Weitz gives the quoted languag e
as written by him in 1940 .
3 1 Flapan, supra note 7, pp . 141–142 .
3 2 Christian Science Monitor, March 3, 1939, p . 3 . Mahatma K . Gandhi, " The Jews
in Palestine, 1938 ," in Walid Khalidi, From Haven to Conquest: Readings in Zion -
ism and the Palestine Problem until 1948 (197 1 ), pp. 367–368 .
3 3 Teveth, supra note 18, pp. 175–176, 187 . Elias Sanbar, Palestine 1948 : L'Expolsio n
( 1 9 8 4), p . 85 . Mardor, supra note 6, p . 24.
3 4 Klaus Polkehn, "The Secret Contacts : Zionism and Nazi Germany, 1933–194 1
Journal of Palestine Studies, vol . 5, nos . 3–4, p . 54, at p . 56 (1976) .
3 5 Nathan Weinstock, Zionism : False Messiah (1979), p . 204.
3 6 Uri Davis, Zionism : Utopia Incorporated (1977), pp . 24–25 . Bernard Avishai, Th e
Tragedy of Zionism : Revolution and Democracy in the Land of Israel (198s 1 ,
P. 15 2.
3 7 Francis R . Nicosia, The Third Reich and the Palestine Question ( 1 9 8 5 ) , p . 6 3 .
3 8 Davis, supra note 36, p. 25 .
3 9 Palestine : Statement by His Majesty 's Government in the United Kingdom .. art .
4, November 1938, Command Paper 5893 .
40 Palestine : Statement of Policy, arts . to, 14, 16, May 1939, Command Paper 6or9 -
4 1 New York Times, May 18, 1 939, p . A4 .
4 2 Id., p . A2 .
4 3 Id., May 19, 1 939, P . A, . Bowyer Bell, Terror Out of Zion : Irgun Zvai Leu ;: . : .
LEHI, and the Palestine Underground, 1929 –1949 ( 1 97 7 ) , p . 48 . Hirst, supra Pots:
4, PP , 9 6– 97 .
44 Nevi11 Barbour, Palestine : Star or Crescent? (19471, pp . 2 3 6–2 37 .
45 New York Times, May 3o, 1939, p . A11 ; June 1, 1939, p . A17 ; June 3, 1939, p . A
J uIY 4, 1 939, P . A4 .
46 Id ., June 20, 1939, p . A9 .
47 Hirst, supra note 4, p . 105 .
Notes 24 9
48 Bell, supra note 43, p . 62 .
49 Kermit Roosevelt, " The Partition of Palestine : A Lesson in Pressure Politics,"
Middle East Journal, vol . 2, pp . r–16 (19481 . Ritchie Ovendale, The Origins of
the Arab-Israeli Wars (198a1, p . 74 .
5 0 Weinstock, supra note 35, p . 208 .
5 1 David Ben-Gurion, Israel : Years of Challenge 11963), pp . 17–18 .
5 2 Abraham Granovsky, "The Struggle for Land," Palestine Yearbook, vol . 2, p . 423 ,
at pp . 4 28– 4 2 9 ( 1 946) .
5 3 New York Times, September 24, 1943, p . A,4; September 28, 1943, p . A7 . Govern-
ment of Palestine, A Survey of Palestine, vol . z, pp . 594 – 595 1 1 94 6 1 .
5 4 New York Times, August 1, 1943, p . A23 . Government of Palestine, supra note 53 ,
PP . 593 – 594 .
5 5 New York Times, May 12, 1942, p . Al2 . George Kirk, The Middle East 1945–195 0
(1954(, pp . 189-190 .
5 6 Shlaim, supra note 15, p . 72 .
5 7 New York Times, October 18, 1944, p . At4 . Hannah Arendt, The few as Pariah :
Jewish Identity and Politics in the Modern Age (19781, p . 131 .
5 8 New York Tunes, August 14, 1945, p . A15 . Arendt, supra note 57, p . 131 .
5 9 Bell, supra note 43, pp . 89–100 .
6 o Arnold Toynbee, " Two Aspects of the Palestine Question," in Arnold Toynbee ,
Importance of the Arab World (19621, p. 63 .
61 Weinstock, supra note 35, pp . 202–204, 220, 226 . Lenni Brenner, The Iron Wall :
Zionist Revisionism from fabotinsky to Shamir ( 1 9841, p . 136 .
62 Earl Harrison, Report to the President of the United States, New York Times ,
September 30, 1 945, p . A38 .
63 Hirst, supra note 4, pp . 108–115 . Noma Chomsky, The Fateful Triangle : Th e
United States, Israel, and the Palestinians (19831, p . 93 .
64 Alfred M . Lilienthal, What Price Israel? (19531, p . 36 .
65 Moshe Menuhin, The Decadence of Judaism in Our Time (1965), pp . 95–96.
66 New York Times, October 9, 1944, p . A6 .
67 The Times, October 9, 1 944, p . 3 . B . Y. Boutros-Ghali, The Arab League : Ten
Years of Struggle," International Conciliation, no . 498, p . 385, at p . 406 (May
1 954 1
68 Michael Akehurst, " The Arab-Israeli Conflict in International Law, " New Zea-
land Universities Law Review, vol . 5, p. 231, at p . 232 (19731 .
69 Dan Kurzman, Genesis 1948 : The First Arab-Israeli War ;1970), pp . 107–113 .
70 Joseph C . Harsch, "Terrorism—Past, Present, and Future," Chrisitian Science Mon -
itor, lune 20, 1985, p . 16 . Kirk, supra note 55, pp . 187–251 . Ovendale, supra note
49, PP . 104-106, 198 .
71 Anglo-American Committee of Inquiry, supra note 2, pp . 45–46, paras. 4 – 5 .
72 Kirk, supra note 55, pp . 1 95, 203 . Menachem Begin, The Revolt 1 1 95 1 1, p . 195 .
73 Colonial Office, Statement of Information Relating to Acts of Violence, July 1946 ,
Command Paper 6873, pp . 3–9 .
74 Kirk, supra note 55, p . 221 . Begin, supra note 72, p . 226 .
75 Shlaim, supra note 15, pp . 73, 76–77 .
76 Id., pp . 81-82 .

250 Notes
77 Id., p. 89 .
78 New York Times, October 8, 1946 . p . A2 .
79 Government of Palestine, A Survey of Palestine, vol . I, p . 75 ( 1 94 6 1 .
8o Id., January 19, 1948, p . Az .
81 Sabri Jiryis, The Arabs in Israel (1976), pp . 11—1z .
82 Id ., p. 12 .
83 Id., p. I1 .
84 Id ., p. 13 .
85 Anglo-American Committee of Inquiry, supra note 2, pp 3 — 5 .
86 Flapan, supra note 7, p . 195 .
87 I . F. Stone, " Holy War, " New York Review of Books (August 3, 1967), p. 6, at p . i .c
88 Crossman, supra note 14, p . 158 .
89 Report of conversation involving Ben-Gurion and Bevin, in "The Charge in th e
United Kingdom (Gallman) to the Secretary of State : Secret, Urgent," February 4 ,
1947 . Foreign Relations of the United States 1947, vol . 5, p . 1024, at p . 1025 (1971) .
90 "The Charge in the United Kingdom (Gallman) to the Secretary of State : Secret, '
Feb . 7, 1947, Foreign Relations of the United States 1947, vol 5, p . 1024, a t
p . 1031 (1971) .
9 1 q N Doc. A/286, April 3, 1947 . Yearbook of the United Nations 1946—47 (1947i ,
p . 276 .
4 A Portrait by Picasso : The United Nation s
Recommendation of Partition
r UN Does . A/287—91, April 21—23, 1947) A/294, April 25, 1 947 .
2 G. A . Res . 1o6, May 15, 1 947 .
3 Nabil Elaraby, "Some Legal Implications of the 1947 Partition Resolution and th e
1949 Armistice Agreements ," Law and Contemporary Problems, vol . 33, p . 97, a t
p .roo(1968) .
4 G. A . Res . 104, May 5, 1 947 .
S Statement of Warren Austin, May z, 1947, Foreign Relations of the United States
1 947, vol . 5, P . 1 079 ( 1 97 11 .
6 " The Under Secretary of State (Acheson) to the Director of the Office of Nce :
Eastern and African Affairs (Henderson) : Secret," February 15, 1947, Foreign Rela-
tions of the United States 1947, vol 5, p . 1048, at p . 1049 (1971) .
7 " Memorandum of Conversation, by the Secretary of State," June 19, 1947, Foreli m
Relations of the United States 1947, vol . 5, p . nos, at p . I1o6 11971) .
8 Yearbook of the United Nations 1947-4811949), p . 227 .
9 Report of the uN Special Committee on Palestine, General Assembly Ofhi'td <
Records, zd sess ., Supplement No . 11, September 3, 1947, UN Doc . A/364, vol .
p . 35, para . 176 .
Io Chaim Weizmann, letter to U.S . President Truman, June 24, 1949, Foreign Reis-
tions of the United States 1949, vol . 6, p . 1172 1 1 977) .
11 Morns L . Ernst, So Far So Good (1948), p . 175 .
12 Nathan Weinstock, Zionism : False Messiah (1979), pp . 226-227 .
13 Arnold Toynbee, A Study of History (1954) . vol . 8, p . 259 .
Notes 25 1
14 Arnold Toynbee, " Two Aspects of the Palestine Question," in Arnold Toynbee ,
Importance of the Arab World (1962), pp . 57 — 59 .
1 5 Kermit Roosevelt, "The Partition of Palestine : A Lesson in Pressure Politics"
Middle East Journal, vol . 2, p . 1, at p . ro (1948) .
16 " The Consul General at Jerusalem (Macatee) to the Secretary of State," Septem -
ber z, 1947, Foreign Relations of the United States 1947, vol . 5, p . 11 43 ( 1 971) .
17 Hal Lehrman, Israel : The Beginning and Tomorrow (1948), p. 47 . Walid Khalidi ,
" The Arab Perspective," in W. Roger Louis and Robert W Stookey (eds .), The En d
of the Palestine Mandate (19861, p . 104, at p . 118 . Christopher Sykes, Crossroads
to Israel ( 1 973), p . 336 .
18 Netanel Lorch, The Edge of the Sword : Israel 's War of Independence, 1947—194 9
(19611, P . 44 .
19 Id ., p . 55 .
zo George Kirk, The Middle East r945 —195 0 1 1 954), p . 247 . B . Y Boutros-Ghali ,
" The Arab League : Ten Years of Struggle, " International Conciliation, no . 49 8 , p .
385, at p . 411 (May 1 954) .
21 Izzat Tannous, The Palestinians (19881, p . 411 .
22 Avi Shlaim, Collusion Across the Jordan : King Abdullah, the Zionist Movement ,
and the Partition of Palestine ( 1 988), p . 9 8 .
23 Maxime Rodinson, Israel: A Colonial-Settler State? (1973J, p. 67 . Judah L . Magnes ,
'A Solution Through Force? " in Martin Buber, Judah L . Magnes, and El Simo n
(eds .), 7bwards Union in Palestine : Essays on Zionism and Jewish-Arab Coop-
eration 11947, reprint 1 97 2 ), p . 1 4, a t p . 1 5 .
24 " The Director of the Office of Near Eastern and African Affairs ((Loy W] Hender-
son) to the Secretary of State ," September 22, 1947, Foreign Relations of the Unite d
States 1947, vol . 5, p . 1153, at p . 1157 (1971) .
25 Simha Flapan, The Birth of Israel : Myths and Realities (1987), pp 3 8— 39, 1 3S —1 39 .
Shlaim, supra note 22, pp . Io5, 107 .
26 Golda Meir, My Life (1975), p . 207 . Shlaim, supra note 22, pp . 112—116 . Lorch ,
supra note 18, p . 143 . Alec Kirkbride, From the Wings : Amman Memoirs
1 947 —1 95 1 ( 1 97 6 1, P . 4 .
27 Shlaim, supra note 22, p . 116 .
28 Id ., pp . m8, 150-151 .
29 Yearbook of the United Nations 1947—48 (1949), p . 227 .
30 Id ., p . 237 .
31 Report of Sub-Committee 2 to the Ad Hoc Committee on the Palestinian Ques-
tion, November 11, 1947 . General Assembly Official Records, zd sess ., UN Doc .
A/AC .1 4 / 3 2 , pp . 2 99 — 3 01 ( 1 947) .
32 Yearbook of the United Nations 1947 —48 (1949), p . 241 . Syria : Draft Resolutio n
Concerning Reference of Certain Legal Questions to the International Court o f
Justice, General Assembly Official Records, zd sess ., UN Doc. A/AC .14/25, p . 241 ,
Annex 17 (1947) . Egypt : Draft Resolution Concerning Reference of a Legal Ques-
tion to the International Court of Justice, General Assembly Official Records, 2 d
sess ., UN Doc. A/AC .14/24, p . 240, Annex 16 (1947) . General Assembly Officia l
Records, zd sess ., UN Doc . A/AC .1 4/ 3 2, p . 273 (19471 .
33 Shabtai Rosenne, "Directions for a Middle East Settlement—Some Underlying


252 Notes Notes 25 3

Legal Problems," Law and Contemporary Problems, vol . 33, p . 44, at p . 46 (19581 . r948, vol . 5, p . 54 6 , at p . 553 ( 1 976) .
34 Ad Hoc Committee on the Palestinian Question, General Assembly Officia l 5 2, Alistair Cooke report, Manchester Guardian, November 28, 1947, p . 8 .
Records, 2d sess., UN Doc . A/AC .14/32, p. 2 03 ( 1 947) . Yearbook of the United 53 The Times, December 1, 1947, p . 4 .
Nations 1947 – 48 ( 1 949), p . 245 . 54 Benjamin Akzin, " The United Nations and Palestine," Jewish Yearbook of Inter-
35 General Assembly Official Records, 2d sess ., UN Doc . A/AC .14/32, p . 272 (1947 ) . national Law : 1948 (1949), p . 87, at p . 113 .
36 Edwin Samuel, " Israel and Its Problems," Middle East Journal (January 19491 , 55 Elaraby, supra note 3, p . 97 .
p . 1, at p . 7 . 56 International Status of South-West Africa, International Court of Justice, Reports
"Memorandum by Mr. Robert M . McClintock [Special Assistant to Dean Ruskj . of Judgments, Advisory Opinions and Orders (1950 ;, p .128 . Legal Consequence s
Top Secret ," June 23, 1948, Foreign Relations of the United States 1948, vol . s, . - for States of the Continued Presence of South Africa in Namibia (South-Wes t
1134, at p . 11 35 ( 1 976) . Africa) Notwithstanding Security Council Resolution 276 ;19701, Internationa l
38 Report of Sub-Committee 2 to the Ad Hoc Committee on the Palestinia n Court of Justice, Reports of Judgments, Advisory Opinions and Orders 119711 ,
Question, General Assembly Official Records, 2d sess ., UN Doc. A/AC .14/32 , p . I . Western Sahara, id . (19751, pp . 3–176 .
November ii, 1947, Appendix I, "Estimated Population of Palestine as at 3 , 57 Mohammed Bedjaoui, " Inaugural Address," in Edward Rizk (trans .), The Palestin e
December 1946," p . 304 . Question : Seminar of Arab Jurists, Algiers, 22–27 July 1967 (1968), p . 3, at p . 7 .
39 "The British Secretary of State for Foreign Affairs )Bevin) to the Secretary of State :' 58 Konstantin Obradovic, The Palestinian Question from the Standpoint of Huma n
February 9, 1 947, Foreign Relations of the United States 1947, vol . 5, p . 1035, a t Rights—A Review of Existing Problems, UN Seminar on Violation of Huma n
p . 1037 (1976) . "The Charge in the United Kingdom (Gallman) to the Secretary o f Rights in the Palestinian and Other Arab Territories Occupied by Israel, 2 9
State : Secret," February 11, 1947, Foreign Relations of the United States 1947, November–3 December 1982, UN Doc . HR/GENEVA/1982/BP.3, p . 19 .
vol . 5, p . 1042, at pp . 1042–1043 (1971) . 59 E . H . Hutchison, Violent Truce: A Military Observer Looks at the Arab-Israel i
40 General Assembly Official Records, 2d sess ., November 11, 1947, UN Doc . Conflict 1951 – 1955 ( 1 95 6 ), p . 95 .
A/AC .14f 32, p . 304, Annex I. 6o Flapan, supra note 25, pp . 30–33 .
41 Id . Michael Akehurst, "The Arab-Israeli Conflict in International Law, " New Zea- 61 Keesing 's Contemporary Archives, vol . 6, p . 8979 ( 1 946 – 4 8 ) .
land Universities Law Review, vol . 5, p . 231, at p . 236 (1973) . 62 Flapan, supra note 25, pp . 122–123 . Shlaim, supra note 22, pp . 108, 123 .
42 Yearbook of the United Nations 1947–48 (1949), p . 245 . Sally Morphet, "Th e 63 Shlaim, supra note 22, pp . 123–124 .
Palestinians and Their Right to Self-Determination," in R . J . Vincent led .) . For- 64 Id ., p. 109 .
eign Policy and Human Rights : Issues and Responses 11986), p . 85, at pp . 86–8-' . 65 Id ., p . 98 .
43 New York Times, November 30, 1947, p . A64 . 66 Id ., pp . 128–129 . New York Times, January 18, 1948, p . E6 .
44 Sumner Welles, We Need Not Fail (1948), p . 63 . 67 Benny Morris, The Birth of the Palestinian Refugee Problem, 1947–r949 (1987) ,
45 Alistair Cooke, "Final UN Vote on Palestine Postponed," Manchester Guardian . pp . 19–21 .
November 27, 1 947, p . 5 . Alistair Cooke, " More Complaints on Pressure," Man- 68 David Hirst, The Gun and the Olive Branch : The Roots of Violence in the Middl e
chester Guardian, November 29, 1947, p . 5 . Mohammed K . Shadid, The United East (1984), pp . 133–134 . Khalidi, supra note 17, p . m6 .
States and the Palestinians (1981), p . 35 . Alan R . Taylor, Prelude to Israel : .4,' : 69 Lorch, supra note 18, p . 39 .
Analysis of Zionist Diplomacy, I897-I947 119591, pp . 103–104 . J . R . Gains- 70 Id ., p . 43 .
borough, the Arab-Israeli Conflict : A Politico-Legal Analysis (1986), p . 34 . Vt 71 Richard Grossman, Palestine Mission : A Personal Record (19471, p 58 .
Roger Louis, The British Empire in the Middle East 1945–1951 : Arab National- 72 Flapan, supra note as, p . 34 .
ism, the United States, and Postwar Imperialism (1984), pp . 485–486 . Henr y 73 New York Times, January n, 1948, p. Al .
Cattan, Palestine and International Law : The Legal Aspects of the Arab-Israel : 74 Harry Sachet, Israel : the Establishment of a State ( 1 952), p . 21 7 .
Conflict (2d ed . 1976), pp . 82 – 87 . 75 New York Times, December 1, 1947, p . Al .
46 New York Times, November 30, 1948, p . A, .
47 Yearbook of the United Nations 1947–48 (1949), p . 245 .
48 Michael Palumbo, The Palestinian Catastrophe (1987), p 31 .
Millar Burrows, Palestine Is Our Business (1949), p . 71 .
5 Chaos on the Ground : Palestine in a Power Vacuu m
49
50 Editorial, " The Partition Gamble," Christian Century, vol . 64, p . 1541 (Decembe r r New York Times, December 3, 1947, p . A1 ; December 4, 1947, p . A,, December
17, 1947) . 5, 1947, P . Al .
51 "Report by the Policy Planning Staff on Position of the United States With Respec t 2 New York Times, December 3, 1947, p. Al ; December 5, 1947, p . Al .
to Palestine : Tip Secret ," January 19, 1948, Foreign Relations of the United States 3 Id., December 3, 1947, p . Al .
254 Notes Notes 25 5

4 Id., December 5, 1 947, p . At . 35 New York Times, January 5, x948, p . Al ; January 6, 1948, p . A6 . Palumbo supra
5 "Report by the Central Intelligence Agency : Secret : Possible Developments i n note 8, pp . 83-84 . Morris, supra note 31, p. 46. Lorch, .supra note 8, p . 59 .
Palestine," February 28, 1948, Foreign Relations of the United States 1948, vol_ 3 6 New York Times, January 7, 1948, p . An Morris, supra note 3T, p . 50 .
p . 666, at p . 671 (1976) . 3 7 New York Times, January 7, 1948, p . At .
6 New York Times, December 5, 1947, p . At . The Times, December 12, 1947, p , + ., 3 8 Begin, supra note 12, p . 348 .
December 13, 1 947, p . 4 . 3 9 New York Times, January 15, 1948, p . A6 .
7 R . D . Wilson, Cordon and Search : With 6th Airborne Division in Palestine (1949) 4 0 Id ., January 16, 1948, p . A4.
p . 156 . For a chronology of hostilities, November 1947 to May 1948, see Keesing', 4 1 Alec Kirkhride, From the Wings : Amman Memoirs 1947-1951 (1976), p . S .
Contemporary Archives, pp . 9237-9241 (1946-48) . 4 2 Avi Shlaim, Collusion Across the Jordan : King Abdullah, the Zionist Movement ,
8 Netanel Lorch, The Edge of the Sword : Israel's War of Independence, 1947- v 194 and the Partition of Palestine (1988), pp. 130, 136-137 .
(1961(, p . 57 . Michael Palumbo, The Palestinian Catastrophe (1987), p . 35 . 4 3 Id., p. 151 .
9 New York Times, December 13, 1947, p . At . 4 4 George Kirk, The Middle East 1945-1950 (1954), p . 260.
ro Id ., December 14, 1947, p . At . 4 5 Hal Lehrman, Israel, the Beginning and Tomorrow 11948), p . 47 . Ben Yechiel, " O n
11 Palumbo, supra note 8, p . 36 . "Report by the Central Intelligence Agency," supra the Eve of Statehood," New Judaea (May 1948), p . 125 .
note 5, p . 672 . 4 6 Morris supra note 31, pp . 50-52 .
12 Menachem Begin, The Revolt ( 1 95 r ), pp . 337-33 8 . 4 7 Larry L . Leonard, "The United Nations and Palestine," International Conciliatio n
13 New York Times, December 13, 1947, p . As . The Times, December 13, 1947, p . 4 . 1 1 9491, p . 607, at p . 650 .
14 Wilson, supra note 7, p . 156 . 4 8 Tom Segev, 1949 : The First Israelis (1986), p . 25 . Morris, supra note 31, p . 52 .
15 New York Times, December 15, 1947, p . Ar . 4 9 Noam Chomsky, Turning the Tide : US . Intervention in Central America and th e
16 Simha Flapan, The Birth of Israel: Myths and Realities (19871, pp . 90-91 . Struggle for Peace { 1 985), p . 77 .
17 New York Times, December 9, 1947, p . A16 . 5 0 Morris, supra note 31, p . 52 .
18 Id ., December 18, 1947, p . A3 . 5 1 S . C . Res . 42, March 5, 1948 .
19 Id ., December 20, 1947, p . A8 ; December 22, 1947, p . Al . Jon and David Kimche , 5 2 " Report by the Policy Planning Staff on Position of the United States With Respect
Both Sides of the Hill : Britain and the Palestine War (1960), p . 83 . to Palestine," January 19, 1948, Foreign Relations of the United States 1948, vol .
20 New York Times, December 22, 1947, p . At . 5, P. 54 6 , at PP- 549, 553 1 1 97 6 1 .
21 Christopher Sykes, Crossroads to Israel ( 1 973), p . 337 . 5 3 Foreign Relations of the United States 1948, vol . 5, p . 801 (1976) . Security Coun-
22 New York Times, December 21, 1947, p . Al . cil Official Records, 3d year, 271st mtg, March 19, 194 8 ; UN Doc . S/PV.271, p . 31 .
23 Id ., December 22, 1947, p . Ar . Lorch, supra note 8, p . 59 . Sydney D . Bailey, Th e New York Times, March 20, 1948, p. A2 .
Making of Resolution 242 (1985), pp . 1 53- 1 54 . 5 4 S . C . Res . 44, April 1, 1948 . Bailey, supra note 23, p . 165 . Kirk, supra note 44 ,
24 " Report by the Central Intelligence Agency, " supra note 5, p . 672 . p. 257 .
25 The Times, December 22, 1947, p . 4 . 5 5 " Power of the UN Security Council to Aid Political Settlement with Force," Stan -
26 Michael Bar-Zohar, Ben Gurion : The Armed Prophet (1967), p . 103 . ford Intramural Law Review (June 1948), pp . 105-118 .
27 "The Consul General at Jerusalem (Macatee) to the Secretary of State, Jerusa - 5 6 Pitman B . Potter, " The Palestine Problem Before the United Nations," America n
lem," February 9, 1948, Foreign Relations of the United States 1948, vol. 5, p . 607 Journal of International Law, vol. 42, p . 858, at p . 86o {1948) . Jacques Dehauss y
( 1 97 6 ). "La crise du moyen-orient et l ' oNU," Journal du droit international, vol . 95 ,
28 New York Times, January 4, 1948, p . A t . p . 8 53, at p . 855 (1968) .
29 Id., January 7, 1 948 , p . A1 . 5 7 G . A . Res . 181, paras . 3, 5, November 29, 1947 .
30 Id., December 31, 1947, p . Al . 5 8 Letter from the United Kingdom Delegation, General Assembly Official Records ,
31 Benny Morris, The Birth of the Palestinian Refugee Problem, 1947-1949 X19871 , 1st spec . sess ., vol . 1, Plenary Meetings, April 2, 1947, ON Doc .A/286, reprinte d
as "The British Representative at the United Nations (Cadogan) to the Assistan t
PP- 4 1 -4 2 .
32 New York Times, January 10, 1948, p . Al ; January 18, 1948, p . E6 . Report of the Secretary General of the United States (Hool, " April 2, 1947, Foreign Relations of
UN Palestine Commission, Security Council Official Records, Special Supple - the United States 1947,'101 . 5, p . 1067 (1976) .
ment No . z, p . 13, UN Doc . S/676 (February 16, 1948) . 5 9 G . A . Res . 181, Part A, operative para . 1, November 29, 1947 .
33 Morris, supra note 31, pp . 38, 42-43 . 6 o Hans Kelsen, The Law of the United Nations : A Critical Analysis of Its Funda-
34 Benny Morris, "The Harvest of 1948 and the Creation of the Palestinian Re uge c mental Problems 1 1 95 0), p . 195 .
Problem," Middle East Journal, vol . 40, p . 671, at p . 672 (1986) . 61 Security Council Official Records, February 24, 1948, 3d year, 253d mtg ., p . 265 ,

256 Notes
UN Doc . S/PV.253 11948) ; also in Department of State Bulletin, vol 8, P . 2 9 4
( 1 94 8 ) .
6z Statement of Mr. Creech Jones, U.K ., Security Council Official Records, 3d yr ,
253d mtg ., pp . 271-272, UN Doc . S/PV.253 ( 1 94 8 ) .
63 Statement of Mr. EI-Khouri, Syria, Security Council Official Records, 3d yr., 254t h
mtg., p. 280, February 24, 1948, UN Doc. S/PV254 ( 1 94 8 ).
64 Statement of Mr. Fawzi Bey, Egypt, Security Council Official Records, 3d year ,
25 5th mtg ., p . 299, February 25, 1948, UN Doc . S/PV.255 ( 1 948) .
65 Statement of Amir Faisal Al Saud, General Assembly Official Records, 2d sess .,
128th mtg ., p . 1425, November 29, 1947, UN Doc . A/PV.1z8 (1947) .
66 Statement of Prince Self El Islam Abdullah, Yemen, General Assembly Officia l
Records, supra note 65, p . 1427 .
67 Statement of Mr. Ayuh, Pakistan, General Assembly Official Records, supra not e
65, p . 1426 .
68 Statement of Mr. Jamali, Iraq, General Assembly Official Records, supra note 65 ,
pp . 1426-1427 .
69 G . A . Res. 181, para . 4, November 2 9, 1 947 .
70 James Crawford, The Creation of States in International Law ( 1 979), p . 33 1 .
71 G . A . Res. 181, Part A, November 29, 1947 .
72 Edward Rizk (trans .), The Palestine Question : Seminar of Arab Jurists on Pales -
tine, Algiers . 22—27 July 196 7. (1968), p . 85 .
7 3 Kelsen, supra note 6o, p . 197 .
7 4 Pierre-Marie Martin, Le con flit Israelo-Arabe : Recherches surl'Emploi de la force
en droit international public positif ( 1 973), p . 53 .
7 5 Security Council Official Records, 3d year, 253d mtg., p . 267, February 24, 1948 ,
UN Doc . S/PV253 ( 1 94 8 ) .
76 Security Council Official Records, supra note 75, p . 265 ; also in Department t> t
State Bulletin, vol . 18, pp . 2. 94 —2 97 ( 1 94 8 ) .
77 Julius Stone, Israel and Palestine : Assault on the Law of Nations (19811, p . 60 .
7 8 Antonio Cassese, " Legal Considerations on the International Status of Jerusa-
lem," in Hans Koehler (ed .), The Legal Aspects of the Palestine Problem with
Special Regard to the Question of Jerusalem (1981), p . 144, at pp . 145—146 .
79 Crawford, supra note 70, p . 426 . Stone, supra note 77, p . 6z . Elihu Lauterpacht ,
"The Contemporary Practice of the United Kingdom in the Field of Internationa l
Law—Survey and Comment, 1V January I—June 30, 1957," International an d
Comparative Law Quarterly, vol . 6, p . 506, at p . 515 (1957) .
8o Cassese, supra note 78, p . 146 .
6 Whose Land to Give? The UN'S Power over Palestin e
Raphael Patai (ed .), The Complete Diaries of Theodor Herz] (1960), p . 1600 .
t Statement of Moshe Shertok, Jewish Agency for Palestine, General Assembly
Official Records, April 27, 1948, UN Doc . A/C .1/SR.127 (1948 .
2 Statute of the International Court of Justice, Statutes at Large of the United States,
vol . 59, p . 1055, Treaty Series (U.S .A .) No . 993, Yearbook of the United Nations
Notes 25 7
1976, p. 1052 . UN Charter, art . 17. Julius Stone, Israel and Palestine : Assault on
the Law of Nations (198,), p . 6o .
3 Hans Kelsen, The Law of the United Nations : A Critical Analysis of Its Funda-
mental Problems (19501, pp . 195-196 .
4 Leland Goodrich and Edvard Hambro, The Charter of the United Nations : Com-
mentary and Documents ( 1 949), PP . 151—152 .
5 Clyde Eagleton, "Palestine and the Constitutional Law of the United Nations, "
American Journal of International Law, vol . 42, p . 397 (1948) .
6 " Remarks by Ambassador Herschel V Johnson at his Press Conference of Octobe r
31, 1947, " Foreign Relations of the United States 1947, vol . 5, p . 1219, at p . 122 1
1 1 97 1 ) .
7 E Blaine Sloane, "The Binding Force of a ' Recommendation' of the General Assem-
bly of the United Nations," British Year Book of International Law, vol . 25, p . 1 ,
at p . 24 ( 1 94 8 ) .
8 D . H . N. Johnson, "The Effect of Resolutions of the General Assembly of th e
United Nations," British Year Book of International Law, vol . 32, p . 97, at p . 10 9
( 1 955 — 5 61 . Pitman B. Potter, " The Palestine Problem Before the United Nations, "
American Journal of International Law, vol . 42, p . 858, at p . 86o (1948) .
9 Ian Brownlie, Principles of Public International Law ~ 1979), p . 175 .
10 Elihu Lauterpacht, Jerusalem and the Holy Places (19681, p . 16 .
rr Emile Giraud, "Le droit international public et la politique," Recueil des cours ,
vol. 110, p . 4 1 9, at p . 732 (no . 3, 1963) .
12 Allan Gerson, " Trustee-Occupant : The Legal Status of Israel's Presence in th e
West Bank," Harvard International Law Journal, vol . 14, p . I, at p . 33 1197s1 .
13 Nathan Feinberg, "The Arab-Israel Conflict in International Law, A Critical Analy-
sis of the Colloquium of Arab Jurists in Algiers, ' in Nathan Feinberg, Studies i n
International Law with Special Reference to the Arab-Israel Conflict 119791, p . 433 ,
at PP . 473-474 .
14 International Status of South-West Africa (Advisory Opinion), International Cour t
of Justice, Reports of Judgments, Advisory Opinions and Orders (19501, p . 144 .
15 Feinberg, supra note 13, p . 474 .
16 G. A . Res . 2145, October 27, 1966 .
17 South-West Africa, supra note 14, p 49 .
1A Gerson, supra note 12, pp . 33-34 .
19 Legal Consequences for States of the Continued Presence of South Africa i n
Namibia (South-West Africa) Notwithstanding Security Council Resolution 27 6
(1970), International Court of justice, Reports of Judgments, Advisory Opinion s
and Orders (1971), p . 37, para . 71, citing identical language from South-Wes t
Africa, supra note 14, p . 137 .
ao judge Fitzmaurice, dissenting opinion, in Legal Consequences, supra note 19 ,
p . 226 .
z1 Kelsen, supra note 3, p . 593 . lsaak Dore, The International Mandate System an d
Namibia ( 1 9 8 5), pp. 9 —10 . Moshe Avidan (Israeli ambassador to Chile), 'Aspecto s
legales del conflicto del medio oriente," Revista chilerla de der-echo, vol . 5, p . 244 ,
at p . 247 (1978) .
22 South-West Africa, supra note 14, p . 143 .


258 Notes Notes 25 9

23 Judge McNair, separate opinion, id ., p . 158 . Judge Read, separate opinion, id ., p . 1 us :, 45 Michael Akehurst, " The Arab-Israeli Conflict in International Law," New Zea-
24 Legal Consequences, supra note 19, p . 49, para . 103 . W Thomas Mallison an d land Universities Law Review, vol . 5, p . 231, at p . 235 (1973) .
Sally V. Mallison, The Palestine Problem : International Law and World Orde n 46 Frank L . M . Van de Craen, "The Territorial Title of the State of Israel to 'Palestine' :
(1986), p . 170. An Appraisal in International Law, " Revue beige de droit international, vol . 14 ,
25 UN Charter, art . 73(e) . p . 5o0, at p . 508 (1978–791 . Shabtai Rosenne, " Directions for a Middle Eas t
26 South-West Africa, supra note 14, p . 136 . Settlement—Some Underlying Legal Problems ." Law and Contemporary Prob-
27 Id ., p. 144. lems, vol . 33, p . 44, at p. 51 (1968( .
28 Id ., p . 159 . 47 Rodolfo Rotman, " Conflicto de titulos territoriales sobre Palestina," Revist a
29 Kelsen, supra note 4, p p . 59 6– 597 . Juridica Argentina La Ley, vol . 135, p . 1507, at p . 1520 (196911 .
30 Statement of Mr. Austin, U.S .A ., Security Council Official Records, 3d year p. 164, 48 UN Charter, art . 25 .
March 19, 1948, UN Doc . S/PV.271, quoted approvingly in Judge Van Wyk, dis- 49 Rotman, supra note 47, p . 1520 .
senting opinion, South-West Africa Cases (Ethiopia v. South Africa ; Liberia c 50 Id .
South Africa ; (preliminary objections), International Court of Justice ,. Reports o f 51 Id .
Judgments, Advisory Opinions and Orders {19621, p . 638 . 52 See supra chapter 5 .
3 1 Report of Sub-Committee 2 to the Ad Hoc Committee on the Palestinian Ques-
tion, General Assembly Official Records, 2d sess ., November 11, 1947, UN Doc .
7 Sten Guns and Barrel Bombs : The Realization
A/AC . 14/32, p. 276 .
of the Zionist Drea m
3 2 Covenant of the League of Nations, art . 5 .
3 3 South-West Africa Cases (Ethiopia v South Africa, Liberia v South Africa), sec- Golda Meir, My Life 119751, pp . 203, 206 .
ond phase, International Court of Justice, Reports of Judgments, Advisory Opin- George Kirk, The Middle East 1945 –1 95 0 [1954), p . 317 .
ions and Orders (1966), p . 31 . Edgar O 'Ballance, The Arab-Israeli War, 1948 (1956, reprinted 1981), pp . 31–67 .
3 4 UN Charter, art. 18, para . 2 . Netanel Lorch, The Edge of the Sword: Israel 's War of Independence, 1 947–194 9
3 5 Judge Lauterpacht, separate opinion, Voting Procedure on Questions Relating t o (1961(, p . 87 . Walid Khalidi, " Plan Dalet: The Zionist Master Plan for the Con -
Reports and Petitions Concerning the Territory of South-West Africa, Advisor y quest of Palestine," Middle East Forum (November 19611, p . 22, at p . 27 . Davi d
Opinion, International Court of Justice, Reports on Judgments, Advisory Opin- Hirst, The Gun and the Olive Branch : The Roots of Violence in the Middle Eas t
ions and Orders ( 1 955(, p . 115 . ( 1 984), p . 139 .
36 Andre Cocatre-Zilgien, "L' imbroglio moyen-oriental et le droit," Revue general e 5 "Report by the Central Intelligence Agency : Possible Developments in Palestine, "
de droit international public, vol . 73, p . 52, at p . 57 (1969) . February 28, 1948, Foreign Relations of the United States 1948, vol . 5, p . 666, a t
3 7 Voting Procedure, supra note 35, p . 116 . p . 672 (1976 )
3 8 Benjamin Akzin, " The United Nations and Palestine, " Jewish Yearbook of Inter- 6 Simha Flapan, The Birth of Israel: Myths and Realities (1987), p . 42 . Benny Morris ,
national Law: 1948 (1949), p . 87, at p . 102 . The Birth of the Palestinian Refugee Problem, 1947–1949 (1987), p . 63 .
3 9 J . Halderman, "Some Intemational Constitutional Aspects of the Palestine Case .," 7 Morris, supra note 6, p . 40 .
Law and Contemporary Problems, vol . 33, p . 78, at p . 88 (1968) . M . Cheri f 8 Id ., p . 41 .
Bassiouni, " The 'Middle East' : the Misunderstood Crisis," Kansas Law Review, 9 Id., p . 52 .
vol . 1 9, p . 373, at p . 387 ( 1 97 1 ) . to Id., p . 59 .
4 0 Palestine National Covenant (19681, art . 19, in New York University Journal o f 11 David Ben-Gurion, Rebirth and Destiny of Israel ( 1 954), P . 237 .
International Law and Politics, vol . 3, p . 2 39 ( 1 970) . 12 Avi Shlaim, Collusion Across the Jordan : King Abdullah, the Zionist Movement ,
4 1 UN Charter, art. So. Quincy Wright, " The Palestine Conflict in International Law, ' and the Partition of Palestine (19881, pp . 155, 158–199 .
in Majdia Khadduri (ed .), Major Middle Eastern Problems in International Lai r 1 3 Lorch, supra note 4, pp . 89–90 . Hirst, supra note 4, p . 139 .
( 1 97 2 ), p. 13, at p . 26 . 1 4 New York Times, April TO, 1948, p . A6 .
4 2 J . L ., "The International Status of Palestine," Journal du droit international, vol . 1 5 Id ., p . A6 . Menachem Begin, The Revolt (1951), pp . 162–16s . Jacques de Reynier,
90, p . 964, at p . 966 (1963) . 1948 a Jerusalem ( 1 9 6 91, pp . 69 – 76 .
43 Report of Sub-Committee 2 to the Ad Hoc Committee on the Palestinia n r6 Arnold Toynbee, A Study of History, vol . 8, p . 290 ( 1 954) .
Question, General Assembly Official Records, 2d sess ., November 11, 1947, tiN 1 7 O'Ballance, supra note 3,p .58 .
Doc . A/AC . 14 / 3 2 , pp. 278 – 279 ( 1 947) . r 8 Harry Levin, I Saw the Battle of Jerusalem (1950(, p . 37 .
44 Covenant of the League of Nations, art . 22 . 19 Michael Palumbo, The Palestinian Catastrophe (1987), p . 52 . Shlaim, supra not e


260 Notes Notes 26 1

12, p . 164 .
20 Erskine Childers, "The Wordless Wish : From Citizens to Refugees, ' in Ibrahi m
Abu-Lughod, The Transformation of Palestine : Essays on the Origin and Devel-
opment of the Arab-Israeli Conflict (19711, pp. 165, 186 .
21 Joseph C . Harsch, "Terrorism—Past, Present, and Future," Christian Science Morn .
tor, June 20, 1985, p . 16 .
22 Toynbee, supra note 16, p . 290 . Nafez Nazzal, The Palestinian Exodus from Gel] .
lee 1948 (1978), pp . 34, 44, 52, 90. Michael Akehurst, " The Arab-Israeli Conflic t
and International Law, " New Zealand Universities Law Review, vol . 5, p . 231, a t
P . 233 ( 1 973 ) .
23 Statement of Mr. Austin, General Assembly Official Records, 2d spec . cess ., vo l . i,
Main Committees, April 16–May 14, 1948, p . 7, UN Doc . A/C .r/SR .117 119481 .
24 Ritchie Ovendale, The Origins of the Arab-Israeli Wars (1984), p . 121 . Georg e
Kirk, A Short History of the Middle East from the Rise of Islam to Modern Time s
( 1 949), PP . 210–214 .
25 Palestine Post, April 28, 1948, p . 1 . New York Times, April 28, 1948, p . A14 . Kirk,
supra note 2, p . 261 . Yitshaq Ben-Ami, Years of Wrath, Days of Glory : Memoirs
from the Irgun (19821, p . 44 6 .
26 Begin, supra note 15, pp . 198, 202 .
27 Id ., p . r88 .
28 Morris, supra note 6, p . 123 .
29 Childers, supra note 20, p . 183 . Walid Khalidi, "Why Did the Palestinians Leave :
An Examination of the Zionist Version of the Exodus of )48 ," Middle East Forum,
vol. 35, p . 21, at p . 35 (J uly 1 9591 .
3 0 Khalidi, supra note 29, p . 24 . Palumbo, supra note 19, p . 62 .
3 1 n1F, Intelligence Branch, "The Emigration of the Arabs of Palestine in the Perio d
1/12/1947–1/6/1948," June 30, 1948, in Benny Morris, " The Causes and Charac-
ter of the Arab Exodus from Palestine : the Israel Defence Forces Intelligence Branc h
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32 R . D . Wilson, Cordon and Search : With 6th Airborne Division in Palestine ( 1 949) ,
PP . 1 44 –1 47 .
3 3 Leo Heiman, All's Fair . . .," Marine Corps Gazette (June 1964), p . 37, at p . 39 .
3 4 S . C . Res . 46, April 17, 1948 .
3 5 Palumbo, supra note 19, p . 107 .
3 6 Palestine Post, April 19, 1948, p . 1 ; April 21, 1948, p . 3 . Dan Kurzman, Genesi s
47 Lynne Reid Banks, Torn Country : An Oral History of the Israeli War of Indepen-
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4 8 Kurt Rene Radley, " The Palestinian Refugees : the Right to Return in Inter -
national Law," American Journal of International Law, vol . 72, p . 586, a t
p . 589 (19781 . Rony Gabbay, A Political Study of the Arab-Jewish Conflict (1959),
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4 9 Morris, supra note 6, pp . 79, 85 .
5 0 Walid Khalidi, "The Fall of Haifa," Middle East Forum, vol . 35, p . 22, at pp . 24–25 ,
32 (December 1959) . Palumbo, supra note 19, pp . 69–70 .
5 1 New York Times, April 28, 1948, p . A14; April 29, 1948, p . Ar . Palumbo, supra
note r9, p . 93 .
5 2 Morris, supra note 6, pp . 96-97 .
5 3 Palestine Post, May 4, 1948, p . 1 .
5 4 Begin, supra note i5, p. 363 .
5 5 Banks, supra note 47, p . 124 .
5 6 Palumbo, supra note 19, pp . 89–90 .
5 7 Noam Chomsky, Turning the Tide : U S. Intervention in Central America and th e
Struggle for Peace(1985) . p.77 .
58 Nazzal, supra note 22, p . 32 .
59 Id. , pp . 34 – 35 .
6o Lorch, supra note 4, pp . 118-120 .
61 Palestine Post, May 3, 1948, p . 1 . Harry Levin, Jerusalem Embattled : A Diary of
the City under Siege, March 25th, 1948 to July 18th . 1948 (19501, p . 137 . Palumbo ,
supra note 19, p . 113 . Morris, supra note 6, pp . 107–108 .
62 Uri Avnery My Friend, the Enemy (1986), p . 264 .
63 Palestine Post, May r 1, 1948, p . 1 . Morris, supra note 6, p . 107 . Palumbo, supra
note 19, p . 116 .
64 Childers, supra note 20, pp . 192–193 .
65 Nazzal, supra note 22, p . 58 .
66 "Dr. Chaim Weizmann to President Truman," April 9, 1948, Foreign Relations of
the United States r948, vol . 5, p . 807 11976) .
67 General Assembly Official Records, April 27, 1948, UN Dec . A/C .I/SR .127 ,
p . rob 1 1 94 8 ) -
68 Statement of Moshe Shertok, General Assembly Official Records, April 27, 1948 ,
UN Doc. A/C .r/SR .r27, pp . 113–115 (1948) .

1948 : The First Arab-Israeli War (1970), p . 150 . 6 9 New York Times, April 27, 1948, p . Ai .
Palestine Post, April 21, 1 948, p . T . 70 Levin, supra note 61, p . 104 .
Id ., April 23, 1948, p. 2 . 7 1 Palestine Post, May 9, 1948, p . I .
Arthur Koestler, Promise and Fulfillment: Palestine 1917–1949 1 1 949), P 0 7 2 Id., May 6, 1 948, p . 1 .
• Childers, supra note 20, p. 189 . 7 3 Akehurst, supra note 22, p . 233 . Childers, supra note 20, p . 193 . Morris, supra
• Morris, supra note 31, p . 6 . note 31, pp . 6–7 .
• Jon Kimche, Seven Fallen Pillars : The Middle East, 1945–1952 (1953), P . 229 . 74 Id., p . 9 .
Palestine Post, April 23, 1948, p . 1 . Kurzman, supra note 36, p . 156 . 75 Shlaim, supra note 12, p . r68 . Lorch, supra note 4, p . 141 .
• Begin, supra note 15, p . 165 . 76 Kurzman, supra note 36, p . 157 . Childers, supra note 20, p . 181 . Palumbo, .supra
Wilson, supra note 32, p . 193 . note 19, p . 66 .
Morris, supra note 6, pp . 85–86 . 77 Palestine Post, May 12, 1948, p . 3 . Erskine B . Childers, "The Other Exodus,"

Notes
262
Spectator, May 12, 1961, p . 672 . Khalidi, supra note 2 9, p . 23 .
78 Childers, supra note 77, p . 672 .
79 Levin, supra note 61, p . 104 .
8o Palestine Post, May 3, 1948, p . 3 .
8r Khalidi, supra note 5o, pp . 24–25 .
82 Childers, supra note 77, p . 672 . Morns, supra note 6, p . 69 .
83 Morris, supra note 31, p . 11 .
84 11)F intelligence branch, in Morris, supra note 31, p . 11 .
85 Khalidi, supra note 2 9, pp . 23 –2 4 .
86 Palestine Post, May 6, 1948, p . 2 . Khalidi, supra note 29, p . 24 .
87 Palestine Post, May 9, 1948, p . 3 .
88 "Draft memorandum by the Director of the Office of United Nations Affair s
(Rusk) to the Under Secretary of State !Lovett ) " (secret ; drafted by Mr. McClintock) ,
May 4, 1948, Foreign Relations of the United States 1948, vol . 5, pp . 894–89 5
(197 6 ) .
89 G. A . Res . 186, May 14, 1948 .
90 Declaration of the Establishment of the State of Israel, Laws of the State of Israel ,
vol . 1, p . 3 (19481 .
91 Cablegram from foreign secretary of provisional government of Israel to secretary -
general, May 15, 1948, Security Council Official Records, 3d year, Supplemen t
for May 1948, pp . 88–89, UN Doc . S/747 11948) .
92 Statement of Abba Eban, Jewish Agency for Palestine, Security Council Official
Records, 3d year, No . 72, 302d mtg ., p . 32, May 22, 1948, UN Doc . S!PV 302 11948) .
Rodolfo Rotman, "Conflicto de titulos territoriales sobre Palestina," Revist a
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93 Nathan Feinberg and J . Stoyanovsky, " Israel 's Declaration of Independence," Jew-
ish Yearbook of International Law : 1948 (1949), p . ix, at p . x .
94 "The Agent of the Provisional Government of Israel (Epstein) to President "Truman ,"
Foreign Relations of the United States 1948, vol . 5, p. 989 11976) .
95 Id ., Pp . 99 2– 993 .
8 Kaftans and Yarmulkes : The Claim of Ancien t
Title to Palestine
r Julius Stone, Israel and Palestine : Assault on the Law of Nations (1981), p . 22 .
2 Laws of the State of Israel, vol . 1, p . 3 ( 1 94 8 ) .
3 David Ben-Gurion, "The Only Solution of the Jewish Problem ," Palestine Yearboo k
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," Revista chilen a
4 Moshe Avidan, "Aspectos legales del conflicto del medio oriente
de derecho, vol . S, p . 244, at p . 245 11978) .
s Declaration of Independence ," Jew-
5 Nathan Feinberg and J . Stoyanovsky, "Israe l '
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6 Statement of Abba Eban, Jewish Agency for Palestine, Security Council Officia l
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Notes 26 3
UN Charter, art . 73 .
7
8 UN Charter, art . 1, para . 2 .
9 Eugene V. Rostow, " Palestinian Self-Determination : Possible Futures for the Unallo -
cated Territories of the Palestine Mandate," Yale Studies in World Public Order ,
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10 Wolfgang Benedek, " Progressive Development of the Principles and Norms o f
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11 Vienna Convention on the Law of Treaties, art . 33, para . 3, UN Doc . A/CONE3912 7
(1969).
12 G . A . Res . 421(D), December 4, 1 95 0, General Assembly Official Records, 5th
sess ., Supplement No. 2o, p . 43, UN Doc. A/1775 (1950) . Vote : 30–9–13 .
13 G . A . Res . 545, General Assembly Official Records, vol . 6, Supplement No . 20,
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14 R . Y Jennings, The Acquisition of Territory in International Law (19631, pp. 16– 3 5 .
Island of Palmas, United Nations Reports of International Arbitral Awards,
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15 Sabatino Moscati, The Semites in Ancient History 1 1 959), p . 82 .
16 Anthony Nutting, The Arabs : A Narrative History from Mohammed to the Presen t
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17 Ilan Halevi, Question luive : la Tribu, la Loi, ] ' Espace (19811, pp . 196–197 .
18 Stephen H . Longrigg, The Middle East : A Social Geography ( 1 9 6 3), p . 35 .
19 Edward Rizk (trans .), The Palestine Question : Seminar of Arab Jurists on Pales -
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20 Moscati, supra note 16, p . 111 .
21 Quincy Wright, "The Palestine Problem," Political Science Quarterly, vol . 41 ,
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22 Cecil Roth, A History of the Jews from Earliest Times through the Six Day War
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23 Ray L . Cleveland, "The Palestinians and the Diminution of Historical Legiti-
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24 Longrigg, note 18, p . 36 . Roth, supra note 22, p . 13 .
25 Roth, supra note 22, p. 78 .
26 Id., p . 62 .
27 Id., p . 87 . Frank H . Epp, Whose Land Is Palestine: The Middle East Problem i n
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2 8 Roth, supra note 22, p . 115 .
2 9 Michael Akehurst, " The Arab-Israeli Conflict and International Law, " New Zea -

264 Notes
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area of Hebrew predominance . The boundaries he shows represent only the maxi -
mum temporary extent of the Israelite and Judean empires . They incorrectly sug-
gest Hebrew predominance until A .D . 636, the time of the Arab conquest . Fo r
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30 Ilene Beatty, Arab and Jew in the Land of Canaan (1957), p . 40 .
31 Edward F Henderson, Maps and Mythology : What Israeli Records Reveal Abou t
the Land and People of Palestine 119821, p . 4 .
Raphael Patai, The Seed of Abraham : Jews and Arabs in Contact and Confli :t
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r850–1882,"International Journal of Middle East Studies ( 1 9 8 5), p . 485, at p . 504 .
33 Parliamentary Debates (House of Lords), 5th series, vol . 5o, col . 1021 (1922) .
34 King-Crane Commission Report, Foreign Relations of the United States : Pan s
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35 Stone, supra note 29, p . 255 .
36 Minquiers and Ecrehos, supra note 1 4, p . 5 6 .
37 Konstantin Obradovic, The Palestinian Question from the Standpoint of Huma n
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38 Stone, supra note 29, p . 2 54 .
39 Statement of N. Sokolow, February 27, 1919, Foreign Relations of the United States :
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40 Joseph Reinach, "Sur le sionisme," Journal des debuts politiques et litteraire s
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41 Western Sahara, International Court of Justice, Reports of Judgments, Advisory
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42 Philippe de Saint Robert, Le feu de la France en Mediterranee (1970), p . 182 .
43 Louis Brandeis, "The Jewish Problem," in Zionist Organization of America, Bran-
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44 Cleveland, supra note 23, p . 105 .
45 Raphael Patai and Jennifer Patai Wing, The Myth of the Jewish Race (1975)
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46 Jean-Pierre Alem, Juifs at Arabes : 3000 Ans d 'Histoire (1968), pp . 31–32 .
47 Raymond Aron, DeGaulle, Israel and the Jews (1969), p . 124 . Patai and Pati o
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48 Patai and Patai Wing, supra note 45, p p. 53, 73, 75, 80 . W F. Abboushi, The Angry
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N)tc5 26 5
49 Arnold Toynbee, A Study tit History (1947) .. P . 1 's .
50 Maxime Rodinson, Israel .. A Colonial-Settler State : ( t 973 pp . 79–80 . Patti] an
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5 1 Patai and Patai Wing, supra note 45, p . 53 .
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53 Roth, supra note 22, p . 264 . Koestler, supra note 52, pp 13–14 D . M . Dunlop.
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54 Norman Golb and Omeljan Pritsak, Khazarian Hebrew Dv : uments of the Tenth
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56 Baron, supra note 54, p . 206 . LOUIS Greenberg, The Jews in Russia, vol . 1, p . 4
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5 7 Patai and Patai Wing, supra note 45, p . 7 1 .
5 8 Alfred H . Posselt, Geschichte des Chazarisch-Judischen Staates (1982), p . 204 .
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61 Dunlop, History, supra note 53, p .262 .
62 Koestler, supra note 52, pp . 156–157 .
63 Margolis and Marx, supra note 54, pp . 527 – 528 . James Parkes, The Jew and Hi s
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64 Meisl, supra note 60, p . 39 . I . Marcus, Social and Political History of the Jews i n
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65 Koestler, supra note 52, pp . 164–167 . M . Cherif Bassiouni and Eugene Fisher,
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266 Notes
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67 Thomas Kieman, The Arabs : Their History, Aims and Challenge to the lndustri
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68 Avidan, supra note 4, p . 2 45 .
69 Laws of the State of Israel, Declaration, supra note a, para . 2 .
70 Holy Bible, Numbers 33 :50-56 . Norton Mezvinsky, " The Palestinian People an d
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71 Klaus Herrmann, " Politics and the ' Divine Promise,'" in Judaism or Zionism .
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72 Alan R . Taylor, "Vision and Intent in Zionist Thought," in Ibrahim Abu-Lugho d
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7 4 Speech, Knesset, Jerusalem Post, June 13, 1967, p . 2 .
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7 6 Knesset Debates, vol . 6, pp . 203 5—2036 (July 3, 1950) .
7 7 Hugh R . Trevor-Roper, "Jewish and Other Nationalisms ," Commentary (January
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7 8 Tom Segev, 194.9 : the First Israelis (1986(, p . its .
79 Trevor-Roper, supra note 77, pp . 16-17 . Ben Halpern, The Idea of the Jewish Stat e
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9 Arab vs. Zionist : War of Independence or War of Aggression?
r Amos Elon, The Israelis : Founders and Sons ( 1 9 8 3), pp . 158-159 .
2 Dov Ronen, The Quest for Self-Determination (1979), pp . 86-89 . Moshe Avidin .
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3 Julius Stone, " Peace and the Palestinians," New York University Journal of Intet-
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4 Golda Meir, Interview, Sunday Times, June 1 s, 1 9 69, p . 12 .
5 George Antonius, The Arab Awakening: The Story of the Arab National Move
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6 Letter from Mr . (Herbert) Samuel to Earl Curzon, April 2, 1920, Documents on
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7 Flapan, supra note 5, pp . 79-80.
8 Rosemary Radford Ruether and Herman J . Ruether, The Wrath of Jonah : Th e
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9 Flapan, supra note 5, p . 80 . Muhammad Muslih, The Origins of Palestinia n
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rr " Comments by W Michael Reisman," in "Self-Determination and Settlement o f
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tz Stone, supra note 3, p . 259.
13 Statement of Issa Nakhleh, Arab Higher Committee, Security Council Officia l
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( 1 948) .
14 Mohammed Bedjaoui, " Inaugural Address," in Edward Rizk, (trans .), The Pales -
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15 Institute of International Law, Resolution, 1931, para . 6 . Text of Resolution i n
James Brown Scott, "The Two Institutes of International Law," American Journal
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16 Mandate for Palestine, art . 5, League of Nations, Official journal, vol . 8, p . 1007
(1922) ; also in Terms of League of Nations Mandates : Republished by the United
Nations, UN Doc . A/70 (1946), reprinted from Permanent Mandates Commissio n
No . 466, League of Nations Docs . C .529 .M .314 .1922 .V1 and C .667 .M .396 .1922 .VI ;
also in Convention between the United States and Great Britain Concerning Pal -
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17 Mandate for Palestine, supra note r6, art . 7 . Palestinian Citizenship Order in
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1 8 J . L ., supra note 17, p . 966 .
1 9 Id., p . 964 .
20 M .Cherif Bassiouni, " The ' Middle East' : the Misunderstood Conflict," Kansas
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2 1 Edward Miller, "Self-Defense, International Law, and the Six Day War," Israel Law
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2 2 Ian Brownlie, International Law and the Use of Force by States (19631, p . 279 .
2 3 Definition of Aggression, G . A . Res . 3314, December 14, 1974.
2 4 Brownlie, supra note 22, p . 279 . Derek Bowen, Self-Defence in International Law
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2 5 Bassiouni, supra note 20, p . 389 .
26 Myres McDougal and Florentino Feliciano, Law and Minimum World Publi c
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268 Notes
27 Nathan Feinberg, "On an Arab Jurist's Approach to Zionism and the State o f
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generale de droit international public, vol . 5o, pp . 159–209 (1946) .
28 Harry Sachet, "The Jewish State," New Judaea (May 1948), p . 125 .
29 Statement of Mr . Eliash, Jewish Agency for Palestine, Security Council Off) .
cial Records, 3d year, No . 66, 292d mtg ., p . 7, May 15, 1948, UN Doc . SAN 29 2
( 1 94 8 ),
30 A . L . W. Munkman, review of Jerusalem and the Holy Places, by Elihu Lauterpach t ,
British Year Book of International Law, vol . 43, p . 306, at p . 309 (1968–69) .
3 1 Yearbook of the United Nations 1947–48 ( 1 949), pp . 417–422 .
3 2 S . C . Res . 49, art . 1, May 22, 1948 .
3 3 S . C . Res . 54, Jul y 1 5, 1 94 8 .
3 4 Cablegram of Egypt to Security Council, Security Council Official Records, supr a
note 29, p . 3 .
35 Statement of Mr . Fawzi, Egypt, Security Council Official Records, 3d year, No . 72 ,
301stmtg ., p . 21, May 22, 1948, UN Doc . S/PV3o1 (1948) .
36 Cablegram of Egyptian Minister of Foreign Affairs to President of Security Council ,
Security Council Official Records, supra note 29, p . 3 .
3 7 UN Doc . S,'748, May Is, 1948, Yearbook of the United Nations 1947–48 (19491 ,
p . 416 .
3 8 Statement of Issa Nakhleh, Arab Higher Committee, Security Council Officia l
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3 9 Statement of Mr. Fawzi, supra note 35 .
4 0 Statement of Mr . El-Khouri, Syria, Security Council Official Records . supra not e
2 9, p . 18 .
4 1 Statement of Saudi foreign minister to secretary-general, May 21, 1948, Security
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4 2 Netanel Lorch, The Edge of the Sword: Israel 's War of Independence, 1947–194 9
(1961), pp . 141–142 .
4 3 Palestine Post, May 17, 1948, p . 1 ; May 19, 1948, p . I ; May 20, 1J48, p . 1 .
4 4 Lorch, supra note 42, pp . 227–229 . Avi Shlaim, Collusion Across the Jordan : Km g
Abdullah, the Zionist Movement, and the Partition of Palestine 11988), p . 239 .
4 5 Shlaim, supra note 44, pp . 203, 235, 244 . Alan Bullock, Ernest Bevin, Foreig n
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4 6 New York Times, May 17, 1948, p . A1 .
4 7 Sydney N. Fisher, The Middle East (1966), p 5 8 5 -
4 8 Shlaim, supra note 44, p . 247 .
4 9 Bullock, supra note 45, p . 595 . Alec Kirkbride, From the Wings : Amman Meh r
airs 1 947 –1 95 1 ( 1 97 6 ), P . 34 -
5o International Legal Materials, vol . 1 s, p . 1224 (1976) .
51 Yearbook of the United Nations 1947–48 (1949), p . 418 .
52 Urs Schwarz, Confrontation and Intervention in the Modern World (1970) ,
pp . 103 -108 .
Notes 26 9
53 Brownlie, supra note 22, p . 327 .
54 Id., p . 325 .
55 Michael Akehurst, "The Arab-Israeli Conflict and International Law," New Zea-
land Universities Law Review, vol . 5, p . 231, at p . 237 (1973) .
56 Frank L . M . Van de Craen, "The Territorial Title of the State of Israel to ' Palestine' :
An Appraisal in International Law, " Revue beige de droit international, vol . 14,
P . 5 1 3 ( 1 97 8– 79) . J . R . Gainsborough, The Arab-Israeli Conflict : A Politico-Lega l
Analysis (1986), p . 53 .
5 7 Munkman, supra note 3o, p . 308 .
5 8 George Kirk, The Middle East 1 945 –1 950 ( 1 954), pp . 280–281 . Uri Avnery, My
Friend, the Enemy (1986(, p . 85 . Simha Flapan, The Birth of Israel : Myths an d
Realities (1987), pp . 39, 128–129 .
59 John Quigley, " The United States Invasion of Grenada : Stranger than Fiction,"
Inter-American Law Review, vol . 18, p . 271, at pp . 345 – 346 ( 1 987) .
6o Feinberg, supra note 27, p . 499 . Yehuda Z. Blum, " The Missing Reversioner:
Reflections on the Status of Judea and Samaria," Israel Law Review, vol . 3, p. 279 ,
at p . 287 (1968) . Pierre-Marie Martin, Le contlit lsraelo-Arabe: Recherches su r
L'Emploi de la Force en Droit International Public Positif (1973) . p
. 57 .
61 New York Times, December 9, 1947, p . A14 .
62 Yearbook of the United Nations 1947–48 (1949), p . 418 .
63 Pact of the League of Arab States, March 22, 1945, United Nations Treaty Series ,
vol . 70, p . 2 37 ;1950) .
10 Exodus : The Departure of the Palestine Arab s
mF intelligence branch, " The Emigration of the Arabs of Palestine in the Perio d
1/12/1947–1/6/1948," June 30, 1948, in Benny Morris, " The Causes and Charac -
ter of the Arab Exodus from Palestine : the Israel Defence Forces Intelligence Branc h
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2 Harry Levin, Jerusalem Embattled : A Diary of the City under Siege, March 25th ,
1948 to July 18th, 1948 (1950), p . 16o.
3 Uri Avnery, " Les refugies arabes, obstacle a la paix," Le Monde, May 9, 1964, p . 1 ,
at p . 2 .
4 Palestine Post, May if, 1948, p . 1 . Michael Palumbo, The Palestinian Catastroph e
(1987), p . 119 . Benny Morris, The Birth of the Palestininan Refugee Problem ,
1947 –19491 1 987), PP . 107 – 108 -
5 Netanel Lorch, The Edge of the Sword: Israel's War of Independence . 1947–194 9
(1961), p . r88 .
6 Yigal Allon, The Making of Israel 's Army (1970), p . 3 . Simha Flapan, The Birth of
Israel : Myths and Realities (1987), p . 190 .
7 Flapan, supra note 6, pp . 1 95 –1 97 .
8 Id ., p . 196 . Yitzhak Greenberg, "Financing the War of Independence .," Studies i n
Zionism, vol . 9, p . 63, at p . 78 (1988) . Maximo Rodinson, Israel : A Colonial -
Settler State? (1973), p . 75 . George Kirk, The Middle East 1945–1950 ( 1 954), p . 277 .
9 Golda Meir, My Life ( 1 975), p . 222 .

270 Notes
io Edgar O'Ballance, The Arab-Israeli War, 1948 (1956, reprinted 5981), pp . 64, 172 .
t r Avnery supra note 3, p . 2 .
12 Palumbo, supra note 4, pp . 116-117 . Morris, supra note r, pp . 15–16 .
13 New York Times, October 23, 1979, p . A23 . Moms, supra note 4, p. 207 . Benn y
Morris, "Operation Dani and the Palestinian Exodus from Lydda and Rami e
in 1948," Middle East lournal, vol . 40, p . 8z, at p . 96 119861 . Reja-e Busailah ,
"The Fall of Lydda, 1948 : Impressions and Reminiscences," Arab Studies Qua r
terry, vol. 3, p . 123, at p . 128 (1981) . Kirk, supra note 8, p . 281 . Fouzi El-Asmar, T< ~
Be an Arab in Israel (x978), pp . 4–13 . Jon and David Kimche, Both Sides of th e
Hill : Britain and the Palestine War (196o), pp . 227–228 . O'Ballance, supra no w
10, p . 147 .
14 O'Ballance, supra note 1o, p . 147 .
15 EI-Asmar, supra note 13, p . 7 .
16 O ' Ballance, supra note 10, p . 147 .
17 Lorch, supra note 5, pp . 2 75 –2 7 6 .
18 Nafez Nazzal, The Palestinian Exodus from Galilee 1948 (1978), p . 79 . Palumbo,
supra note 4, p . 123 .
19 Peretz Kidron, "Truth Whereby Nations Live," in Edward Said and Christophe r
Hutchins, BIaming the Victims : Spurious Scholarship and the Palestinian Ques-
tion (1988), p . 86 . Palumbo, supra note 4, p . 123 . Nazzal, supra note 18, p . 79 .
zo Michael Bar Zohar, interview, Israel Radio, October 22, 1986, reported in Did i
Yizraeli, "Ben-Gurion Supported the Expulsion of Arabs," Hadashot, October 19 ,
1986, in Israel Shahak, Collection : The Kufr Kassem Massacre of 1956 and th e
"Ideals" of Ben-Gurion (1987), p . 13 . Morris, supra note 4, p . 202 .
21 Kidron, supra note 19, p . 87 .
22 Morris, supra note 4, p . 201 .
23 Palumbo, supra note 4, pp . 123–125 .
24 Interview by author, December 1984, Jerusalem, with 1948 Arab residents o f
Nazareth .
25 Kurt Rene Radley, " The Palestinian Refugees : the Right to Return in Interna-
tional Law, " American Journal of International Law, vol . 72, p. 586, at p . 59 4
) 1 97 8 1 -
26 Arnold Toynbee, A Study of History, vol . 8, p . 290 (1954) . Michael Akehurst ,
"The Arab-Israel Conflict and International Law, " New Zealand Universities La w
Review, vol . 5, p . 231, at p . 233 1 1 973) . Rony Gabbay, A Political Study of th e
Arab-Jewish Conflict (1959), p . 108 . Nadav Safran, From War to War : The Arab -
Israeli Confrontation, 1948–1967 (1969), p . 35 . Morris, supra note 13, p . 104 -
Benny Morris, "The Crystallization of Israeli Policy Against a Return of the Ara b
Refugees : April–December, 1948," Studies in Zionism, vol . 6, p . 85, at pp . 91-93 .
104 (19851 . I . F. Stone, "Holy War, " New York Review of Books (August 3, 1967' .
p . 6, at p . 1o .
27 Lorch, supra ante 5, pp . 294–296 .
28 Palumbo, supra note 4, p . 140.
29 Kirk, supra note 12, p . 8 . Nafez Nazzal, "The Zionist Occupation of Wester n
Galilee, 1948," Journal of Palestine Studies, vol . 3, no . 3, pp . 58–76 ( 1 974) .
30 Nazzal, supra note 18, p . 75 . Morris, supra note 4, p . 200 .
Notes 27 1
31 Rosemary Sayigh, Palestinians : From Peasants to Revolutionaries (1979), p . 83 .
32 Count Folke Bernadotte, progress report of the oN mediator on Palestine, Genera l
Assembly Official Records, 3d sess ., Supplement No. Ir, UN Doc . A/648 (1948) ,
p . 14, para . 7 .
3 3 Morris, supra note 13, pp . 103–104 . Benny Morris, " Yosef Weitz and the Transfe r
Committees, 1948–49," Middle Eastern .Studies, vol . 22, p . 522, at pp . 536–53 7
(1986) .
3 4 Tom Segev, 1949 : The First Israelis (1986), pp . 27–28 .
3 5 Morris, .supra note 4, pp . 16o–169 .
3 6 Morris, supra note 33, pp . 530 – 531 . Morris, supra note 26, pp . 103, 109 . Morris,
supra note 4, p. 148 .
3 7 Palumbo, supra note 4, p . viii .
3 8 Morris, supra note 33, pp . 53 2– 533, 543 – 544 Morris, supra note 26, pp . toe ,
109 .
39 Palumbo, supra note 4, p . 147 . Morris, supra note 4, pp . 1 45- 1 47 . Avi Shlaim ,
Collusion Across the Jordan : King Abdullah, the Zionist Movement, and th e
Partition of Palestine (19881, pp . 283–284 .
40 Letter from the foreign minister of Israel to the mediator, July 30, 1948, Security
Council Officials Records, 3d year, Supplement for August 1948, UN Doc . S/949 ,
p . io6, at p . ro8 .
Progress report, supra note 32, p . 14, para . 6 .
" Troubled Truce," Economist, August 21, 1948, p . 289 .
Segev, supra note 34, p . 70 . Palumbo, supra note 4, p . 90 .
Jon Kimche, Seven Fallen Pillars (1 953), p . 234 .
Progress report, supra note 32, p . T4, para . 7 .
New York Times, September 12, 1988, p . A3 .
Palumbo, supra note 4, p . 164 .
Segev, supra note 34, p . 28 .
Nazzal, supra note 18, p. 95 .
Noam Chomsky, " Introduction," in Sayigh, supra note 31, p. 3 .
Segev, supra note 34, p . 57 . Rafik Halabi, The West Bank Story (19811, p . 235 .
Knesset Debates, vol . 3, p . 37 (November 14, 1949) (MK Tawfiq Toubi] .
Palumbo, supra note 4, pp . 569–172 .
Id ., p . 173 .
Walter Schwarz, The Arabs in Israel 11959, p . 158 . Palumbo, supra note 4 ,
pp . ix-X11, 173 .
56 Lorch, .supra note 5, pp . 357 – 3 59 . Palumbo, supra note 4, p . xi . Morris, supra note
4, P . 221 .
57 Morris, supra note 4, p . 224 .
58 " Paper Reports Slaying of Palestinians in '48," Boston Globe, August 26, 1 9 8 4, p . 14 .
59 Palumbo, supra note 4, p . xiv. Noam Chomsky, Turning the Tide : US . Interven-
tion in Central America and the Struggle for Peace, p . 76 ( 1 98s) .
6o Palumbo, supra note 4, p . xii . Morris, supra note 4, p. 222 .
6t Segev, supra note 34, p . 58 .
62 Charles S . Kamen, "The Arab Population in Palestine and Israel, 1946–1931,"
New Outlook (October–November 1984), p . 36, at p . 38 .

272 Notes
63 Progress report, supra note 32, p . 47 .
64 Palestine Post, May n, 1948, p . May 4, 1948 . Ian Lustick, "The Quiescen t
Palestinians : the System of Control over Arabs in Israel," in Khaki Nakhleh an d
Ella Zureik (eds .] ., The Sociology of the Palestinians (19801, p . 66 .
65 Palestine Post, May 13, 1948, p . 1 . Basheer K . Nijim (ed .), Toward the De-Arabi .
zation of Palestine/Israel (1984), p . ,o8 .
66 Kirk, supra note 8, at 249 .
67 Ori Stendel, The Minorities in Israel : Trends in the Development of the Arab an d
Druze Communities, 1948–1973 ( 1 973), p . 77 .
68 David Shipler, Arab and few : Wounded Spirits in a Promised Land (1986 :
PP . 35 – 36 .
69 Segev, supra note 34, p . 30 .
70 Janet Abu-Lughod, "The Demographic Transformation of Palestine, " in Ibrahi m
Abu-Lughod (ed .], The Transformation of Palestine : Essays on the Origin an d
Development of the Arab-Israeli Conflict (1971), p. 139, at p . 161 .
7 1 Zees' Schiff, "The Pros and Cons of the Military Government," New Outloo k
(March–April 1962), p . 64, at pp . 66–67 . Kamen, supra note 62, p . 38 .
7 2 Rupert Emerson, From Empire to Nation : The Rise to Self-Assertion of Asia n
and African Peoples (1962), p . 314 .
11 To Justify A State : Israel as a Fa d
Simha Flapan, The Birth of Israel : Myths and Realities ( 1 9 8 7), p . 48 . "Troubled
Truce," Economist, August 21, 1948, pp . 289–290. Avi Shlaim, Collusion Across
the Jordan : King Abdullah, the Zionist Movement, and the Partition of Palestin e
( 1 9 88 ), pp . 308–311 .
2 Shlaim, supra note 1, pp . 34 1 , 380 .
3 Id., p . 382 .
4 Jon and David Kimehe, Both Sides of the Hill : Britain and the Palestine Wa r
( 1 9 60 ), pp . 267–268 .
5 Shlaim, supra note r, p . 406 .
6 Id ., p . 387 .
7 UN Doc . S/1o93 (1948), Yearbook of the United Nations 1948–49 (1950), P- 39 5
8 Yearbook of the United Nations 1948–49 11950), pp . 396–397 .
9 G . A . Res 194, December n, 1948 .
10 "The Consul at Jerusalem (Burdett) to the Secretary of State," Apr. 9, 1949, For-
eign Relations of the United States 1949, vol . 6, p. 903 (1977) .
i i Knesset speech, May 17, 1961, in The Times, May 18, 1961, p . 12 .
12 Uri Avnery, "Les refugies arabes, obstacle a la paix," Le Monde, May 9, 1964 ,
p . 1, at p . 2 . Dan Kurzman, Genesis 1948: The First Arab-Israeli War (19701 .
p . 157 .
13 Benny Morris, " The Causes and Character of the Arab Exodus from Palestine : th e
Israel Defence Forces Intelligence Branch Analysis of lune 1948 ," Middle Eastern
n
Studies, vol . 22, p . 5, at pp . 16–17 . Kurzman, supra note 12, pp . 157–158 . Joh
Davis, The Evasive Peace (1968), p . 56 . John Davis, " Why and How the Palestin -
Notes 27 3
fans Fled from Palestine," Middle East International May 1971], p . 35, at p . 37 .
Simha Flapan, Zionism and the Palestinians ]19791, p . 301 . Erskine Childers,
"The Wordless Wish: From Citizens to Refugees," in Ibrahim Abu-Lughod, Th e
Transformation of Palestine : Essays on the Origin and Development of the Arab -
Israeli Conflict (19711, pp . 165, 196-201 . Avnery, supra note 12, p . 2 . J . L . Taulbee
and David P. Forsythe, " International Law and Conflict Resolution : Palestinian
Claims and the Arab States," Vanderbilt Journal of Transnational Law, vol . 6 ,
p . 121, at p . 129 (1972) .
1 4 See supra chapter 7 .
1 5 Nathan Feinberg, "On an Arab Jurist 's Approach to Zionism and the State o f
Israel," in Nathan Feinberg, Studies in International Law with Special Referenc e
to the Arab-Israel Conflict 1 1 9791, p . 5 1 5, at p . 573 .
16 Childers, supra note 13, p . 197 .
17 Kenneth W. Bilby, New Star in the Near East (1950), p . 6o . Shlaim, supra note i ,
p . 368 .
18 Edgar O ' Ballance, The Arab-Israeli War 1948 11956), pp . 198–201 . Netane l
Lorch, The Edge of the Sword: Israel 's War of Independence, 1947–1949 (1961) ,
PP . 40 4 – 433 .
19 Tom Segev, 1949 : The First Israelis (1986), p . 3 . James McDonald, My Mission i n
Israel, 1948–1951 (1951), pp . 116-117 . " The Special Representative of the Unite d
States in Israel (McDonald) to the Acting Secretary of State , " December 31, 1948 ,
Foreign Relations of the United States 1948, vol . 5, p . 1 7 0 5 ( 1 97 6 ) .
20 "Message from Acting Secretary of State to U .S . Representative (McDonald) i n
Israel," December 3o, 1948, Foreign Relations of the United States 1948, vol . 5 ,
p . 1 7 0 4 (19761 . McDonald, supra note 19, pp . 107–108 .
21 O ' Ballance, supra note 18, p . 201 . Abba Eban, An Autobiography (1977), p . 137 .
22 New York Times, March 9, 1964, p . A7 .
23 Israel-Egypt, General Armistice Agreement, United Nations Treaty Series, vol .
4 2 , p . 2 5 1 ( 1 9491 Israel-Jordan, General Armistice Agreement, id ., p . 303 . Israel -
Syria, General Armistice Agreement, id ., p . 327 . Israel-Lebanon, General Armi-
stice Agreement, id ., p . 287 . Shlaim, supra note 1, pp . 386–433 . Lorch, supra note
18, PP . 439 – 449 .
24 Shlaim, supra note 1, pp . 409-42S .
25 Lorch, supra note 18, pp . 448–449 .
26 Israel-Egypt, supra note 23, art. 5, para . 2 . Israel-Jordan, supra note 23, art . 6, para .
9 . Israel-Syria, supra note 23, art . 5, para . "
27 Israel-Lebanon, supra note 23, art . 5, para . 1 .
28 S . C . Res . 69, March 4, 1949 .
29 Eban, supra note 21, pp . 138-140.
30 Yearbook of the United Nations 7948–49 )1950), pp . 399–401 . Eban, supra not e
21, pp . 140–142 .
3 1 G . A. Res . 273, May it, 1949 .
3 2 Philip Baum, " Full Recognition of Israel,` Lawyer's Guild Review, vol . 8, p . 44 1
( 1 948) . Philip Marshall Brown, "The Recognition of Israel," American Journal o f
International Law, vol . 42, pp . 620–627 (19481 . Eban, supra note 21, p . 136 .
33 L . C . Green, in " Self-Determination and Settlement of the Arab-Israeli Conflict;"

274 Notes
Proceedings of the American Society of International Law, vol . 65, p . 31, at p . , '
(1971) . Elihu Lauterpacht, Jerusalem and the Holy Places (1968), p . 19 .
34 Ian Brownlie, Principles of Public International Law (19661, p . 159 .
35 Daniel P. O ' Connell, International Law, vol . r, p . 496 (19651 .
36 Quincy Wright, " The Palestine Conflict in International Law," in Majdia Khaddul _
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37 Brownlie, supra note 34, pp . 85—90 . Henry Cattan, Palestine and International
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38 Brownlie, supra note 34, p . 99 .
39 O 'Connell, supra note 35, p . 140 .
40 Frank L . M . Van de Craen, "The Territorial Title of the State of Israel to 'Palestin e . /
An Appraisal in International Law, " Revue beige de droit international, vol . 14 ,
p . Soo, at p . 5 03 (1978 — 791 .
41 Erich Roper, " Rechtsfragen bei der Entstehung lsraels," Das Parlament (suppl e
ment), vol . 18, p. 3, at p . 20 (1978) .
42 Van de Craen, supra note 40, p . 502 . Friedrich Berber, Lehrhuch des Volkerrechts .
V01 . 1, p . 337 (1960) .
43 O'Connell, supra note 35, p . 140 .
44 A. L . W. Munkman, review of Jerusalem and the Holy Places, by Elihu Lauterpacht ,
British Year Book of International Law, vol. 43, p . 306, at p . 309 (1968—69) .
45 Michael Akehurst, "The Arab-Israeli Conflict in International Law, " New Zea -
land Universities Law Review, vol . 5, p . 231, at p . 238 (19731 . Lauterpacht, supra
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46 Brownlie, supra note 34, p . 596 .
47 Yehuda Blum, "The Missing Reversioner : Reflections on the Status of Judea an d
Samaria," Israel Law Review, vol . 3, p . 279, at p . 283 (1968) .
48 Western Sahara, International Court of Justice, Reports of Judgments, Advisor y
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49 Andre Cocatre-Zilgien, "L'imbroglio moyen-oriental et le droit," Revue genera
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51 Sanford R . Silverburg, " Uti Possidetis and a Pax Palestiniana : A Proposal, '
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52 Ian Brownlie, " Recognition in Theory and Practice," British Year Book of Intern s
tional Law, vol . 53, p . 197, at p . 206 (19821 .
53 D . H . N. Johnson, "Acquisitive Prescription in International Law" British Yea r
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54 The Chamizal Arbitration Between the United States and Mexico : Minutes u t
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55 Rosalyn Higgins, " The June War : The United Nations and Legal Background," i n
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56 Shlaim, supra note 1, p . 450 .
57 Stephen Schwebel, "What Weight to Conquest? " American Journal of lnternd/
Notes 27 5
tional Law (1970), p. 344, at p. 346 . Lauterpacht, supra note 33, p p . 44 — 4 s .
See supra chapter 9 .
58
59 Akehurst, supra note 45, p . 238 . Antonio Cassese, "Legal Considerations on th e
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6o Letter of October 27, 1949, of Israeli delegation to conciliation commission, i n
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mission for Palestine covering the period from 11 December 1949 to 23 October
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61 Supra note 26 . Wright, supra note 36, p . 26 . Akehurst, supra note 45, p . 239 .
62 Quincy Wright, " Legal Aspects of the Middle East Situation," Law and Contem -
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narodnyi sionizm na sluzhbeimperialisticheskoi reaktsii : pravovoi aspekt (Inter-
national Zionism in the Service of Imperialist Reactionary Forces : The Legal
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63 Akehurst, supra note 45, p . 239 .
64 G . I . A . D . Draper, " The Status of Jerusalem as a Question of International Law, "
in Kochler, supra note 59, p . 1 54, at p . 16o .
65 Statement of U.S . secretary of state, John E Dulles, Department of State Bulletin,
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66 G. A. Res . 303, December 9, 1949 .
67 New York Times, January 24, 1950, p . A1 .
68 Cassese, supra note 59, pp. 1 4 8 - 1 49 .
12 The Real Conquest: The Repopulation of Palestin e
r Alec Kirkbride, From the Wings : Amman Memoirs 1947—1951 (1976) ,
p p. 105—ro6, 118 .
2 Prevention of Infiltration (Offences and Jurisdiction) Law, Laws of the State of
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3 Tom Segey 1949 : The First Israelis (19861, p . 61 .
4 Id ., p . 59 . Charles S . Kamen, " The Arab Population in Palestine and Israel ,
1946—1951," New Outlook (October—November 1984), p . 36, at p . 38 .
5 Rosemary Sayigh, Palestinians : From Peasants to Revolutionaries X 1 979), pp . 85 ,
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6 Scgev, supra note 3, p . 52 .
7 Benny Morris, The Birth of the Palestinian Refugee Problem, 1947—r949 (1987) ,
PP . 2 39- 2 4 2 .
8 Knesset Debates, vol . 1, p . 85 (March 9, 1 949) (MK Tawfiq Toubil . Sabri Jiryis ,
The Arabs in Israel (1976), p . 81 . M . Cherif Bassiouni and Eugene Fisher, "The


276 Notes Notes 27 7

Arab-Israeli Conflict—Real and Apparent Issues : An Insight into Its Future from 46 Ilan Halevi, Israel de to Terreur au Massacre d'Etat j I984), p . 113 . Menuhin, supr a

the Lessons of the Past," St. John's Law Review, vol . 44, p . 399, at p . 453 ;1970' note 29, p . 144 .
47 Amos Elon, The Israelis : Founders and Sons (1983), p . 24 .
9 Jiryis, supra note 8, p . 8r .
Elias Chacour, Blood Brothers (x984), p . 52 . 48 Department of State Bulletin, vol . 30, p . 708, at p . 712 (May to, 19541 .
ro
Bassiouni and Fisher, supra note 8, p . 453 . 49 Rony Gabbay, A Political Study of the Arab-Jewish Conflict ( 1 959), p . 305 . Segev,
1r
12 "The Consul at Jerusalem (Burdett) to the Secretary of State, " August 15, 1949 , supra note 3, p . 1 ro .

Foreign Relations of the United States 1949, vol . 6, p . 1314 (1977) . Avi Shlaim , So New York Times, December 6, 1947, p . As ; December 7, 1947, p . Al .

Collusion Across the Jordan : King Abdullah, the Zionist Movement, and the 51 The Times, December 1, 1947, p . 3 .

Partition of Pales ti n e( 1 988), p . 45 6 . 52 New York Times, January 6, 1948, p . A6 ; January r t, 1948, pp . A2, A3 .

13 Palestine Post, November 1 4, 1949, p . 1 . 53 Eon, supra note 47, p . 24 . Raphael Patai, The Seed of Abraham : Jews and Arab s

14 Jiryis, supra note 8, p . 82 . Bassiouni and Fisher, supra note 8, p . 453 . Segev, supra in Contact and Conflict, pp . 295–296 .

note 3, p . 62 . 54 Shiblak, supra note 31, p . 157 .

x5 Ilan Halevi, Question juive: to Tribu, la Loi, ]'Espace ( 1 9 81 ), p . 244 . 55 Halevi, supra note 15, p . 28 . Joseph Schechtman, On Wings of Eagles : The Plight ,

r6 Segev, supra note 3, p . 62 . Exodus and Homecoming of Oriental Jewry (1961), p . 62 .

17 Jiryis, supra note 8, p . 82 . Bassiouni and Fisher, supra note 8 , p .453 . 56 Marion Woolfson, Prophets in Babylon : Jews in the Arab World (19801, pp . 182

18 Bassiouni and Fisher, supra note 8, p . 453 . 201 . David Hirst, The Gun and the Olive Branch : The Roots of Violence in th e

19 Jiryis, supra note 8, p . 82 . Middle East ( 1 9841, pp . 1 55 –16 4 . Halevi, supra note 46, pp . 1rz–113 . Kokhav i

20 Rafik Halabi, The West Bank Story (1982), p . 204 . Shemesh, " The Iraqi Jews and Their Coming to Israel ," The Black Panther, Novem -

21 Bassiouni and Fisher, supra note 8, p . 453 . ber 9, 1972, in Uri Davis, Norton Mezvinsky, Documents from Israel 1967–1973 :

22 Halabi, supra note zo, p . 2 35 . Readings for a Critique of Zionism (19751, pp . 126–133 . Uri Avnery, My Friend ,

23 Walter Schwarz, The Arabs in Israel ( 1 9591, pp . 158–159 . Ghazi Falah, "How the Enemy (19861, pp . 1 35 –1 3 6 .

Israel Controls the Bedouin," Journal of Palestine Studies, vol . 19, no .2, p . 35, at 57 Wilbur Crane Eveland, Ropes of Sand: America 's Failure in the Middle East (19801 ,
P . 48 .
p . 41 (1985) . Al-Fair, December 20, 1985, p . 8 . Sayigh, supra note 5, p . 99 .
24 Segev, supra note 3, p . 96 . 58 Hirst, supra note 56, p . 159 .

25 "Troubled Truce," Economist, August 21, 1948, p . 289, at pp . 289–290 . 59 Eveland, supra note 57, pp . 48–49 . Shiblak, supra note 31, p . 121 .

26 Segev, supra note 3, p . 97 . 6o Shlomo Hillel, Operation Babylon (19871, p . 284.

27 Shlaim, supra note 12, p . 365 . Segev, supra note 3, p . 97 . 61 Woolfson, supra note 56, p . 199 .
28 James G. McDonald, My Mission in Israel (19511, p . 277 . 62 "Memorandum of Conversation, by the Assistant Secretary of State for Near East -

29 Moshe Menuhin, The Decadence of Judaism in Our Time (1965), p . 132 . ern, South Asian, and African Affairs ;McGhee)," June 11, 1951, Foreign Rela -

30 Halevi, supra note 1 5, p . 234 . tions of the United States 1951, vol . 5, p . 707, at p . 710 (1982) .

31 Abbas Shiblak, The Lure of Zion : The Case of the Iraqi Jews j r986), p . tor . 63 "Memorandum of Conversation by the Director of the Office of Near Easter n

32 Segev, supra note 3, p . 97 . Affairs (Jones) ," August z, 1951, Foreign Relations of the United States 1951, vol .

33 David Ben-Gurion, Rebirth and Destiny of Israel ( 1 954), p . 404 . 6 p . 813, at p . 815 (1982) .

Id ., pp . 276–277 . 64 Shiblak, supra note 31, pp . ro6, 112 .

34
35 Segev, supra note 3, p . rot . 65 Ian Lustick, Arabs in the Jewish State (1980), p . 44 .

36 Declaration of the Establishment of the State of Israel, Laws of the State of Israel, 66 Moshe Avidan, 'Aspectos legales del conflicto del medio oriente ;' Revista chilen a

vol . 1, p . 3 ( 1 94 8 ) - de derecho, vol . 5, p . 244, at p . 251 (19781 .

Ben-Gurion, supra note 33, pp . 276–277 . 67 World Zionist Organization—Jewish Agency (Status) Law, art . 5, Laws of the State
37
Halevi, supra note 1 5, p . 235 . of Israel, vol . 7, p . 3 (1952) .
38
New York Times, January 19, 1948, p . A2. 68 Patai, supra note 53, p . 122 .
39
40 Halevi, supra note 1 5, p . 234 . 69 New York Times, October 21, 1 957, p . A5 .

Palestine Post, May 6, 1948, p . 3 . 70 Fatal, supra note 53, p . 146 .

41
New York Times, February 21, 1959, p . A6 . 71 Segev, supra note 3, p . 117 .
42
Sego.; supra note 3, p . 108 . 72 New York Times, February 11, 1962, p . A6 .
43
Id ., p . 109 . 73 Defense (Emergency) Regulations, Palestine Gazette, no . 1442, supplement no . 2,
44
Id ., p . 107 . September 27, 1945, pp . 1055–1098 ; also published as Government of Palestine,
45
27 8 Note s
The Defence (Emergency) Regulations, 1945 (as amended until 2d March, 19 4 ,)
(1947) . Michael Saltman, " The Use of Mandatory Emergency Laws by the Israeli
Government," International Journal of the Sociology of Law, vol . to, p . 385 , at
p. 387 (1982) .
Defense (Emergency) Regulations, supra note 73, art . 112 .
Id ., art . III . Jiryis, supra note 8, p . 30 .
Defense (Emergency) Regulations, supra note 73, arts . 109—110 .
Id ., art . 125 . Saltman, supra note 73, pp . 39 0— 39 2 .
Defense (Emergency) Regulations, supra note 73, arts . 86—rot .
Id ., arts . 84—85 .
Id ., art . 142 .
Id ., art . 124 .
Law and Administration Ordinance, art . 11, Laws of the State of Israel, vol . 1, p . 7
1 1 948)
Palestine (Revocations) Order in Council, sec . 2, para . 2, May 12, 1948, Statutory
Instrument No . 1004 (19481 . Andre Rosenthal, "The 1945 Defence Regulations .
Valid Law in the West Bank?" j i986, unpublished) .
8 4 Letter of Tim Renton, minister of foreign and commonwealth office, to Al-Hay
(West Bank affiliate of the International Commission of Jurists), April 22, 1987 .
85 Laws of the State of Israel, vol . 3, p . 73 1 1 949) .
86 Rosenthal, supra note 83, p . 2 .
87 Law and Administration Ordinance, art . 9(a), Laws of the State of Israel, vol . 1 ,
p . 7 ( 1 94 8 ) .
88 Al-Awdeh Weekly, December 22, 1985, in Joost R . Hiltermann, Israel's Deporta-
tion Policy in the Occupied West Bank and Gaza 11986), p . 18 .
89 David Kretzmer, The Legal Status of the Arabs in Israel, pp . 116, 128 . Jiryis, supra
note 8, p . 26 .
9 0 Kretzmer, supra note 89, p . 116 .
9 1 State Controller's Report No . 9 on the Defence Ministry for the Year 1 957 7 5 8
(19591, p . 78, in Michael Adams, Israel's Treatment of the Arabs in the Occupie d
Areas, Symposium on Zionism, Baghdad, November 8—12, 1976, pp . 13—14 .
13 The Present Are Absent : The Fate of the Arab s
Zvi Zinger (Yaron), "State of Israel (1948—72j," in Israel Pocket Library, Immigra-
tion and Settlement in Israel (19731, p . 50, at p . 57 . David Tanne, " Housing," ids
p . 122, at p . 129 . Rony Gabbay, .4 Political Study of the Arab-Jewish Conflict : th e
Arab Refugee Problem (A Case Study) ( 1 959), p . 284 . Don Peretz, Israel and th e
Palestine Arabs (19581, p . 156 . Benny Morris, The Birth of the Palestinian Refuge e
Problem, 1947 —1 949 ( 1 9871, PP . 1 9 0—1 94 .
2 Ben-Gurion, Knesset Debates, vol . 1, p . 399 (April 26, 1949) .
3 Tom Segev, 1949 : The First Israelis (1986), p. 78 .
4 Id ., pp . 74 — 76 . Morris, supra note 1, p . 191 .
5 Segev, supra note 3, pp . 52—56 .
6 Michael Palumbo, The Palestinian Catastrophe ( 1 9 8 7), pp 51-152 .
Notes 279
7 Maxim Ghilan, How Israel Lost Its Soul ( 1 974(, p . 233 .
8 Aziz Haidar, Social Welfare Services for Israel's Arab Population (1987), p. 14 .
9 Walter Schwarz, The Arabs in Israel ( 1 959), p . 76 .
Io Haidar, supra note 8, pp . 140—143 .
11 Hanna Dib Nakkara, " Israeli Land Seizure Under Various Defense and Emergenc y
Regulations," Journal of Palestine Studies, vol . 14, no. 2, p . 13, at pp . 28—30 11985) .
12 Mubadda Hanna Daoud et al . v. Minister of Defence et al ., High Court of Justic e
64/51, Piskei Din, vol . 5, part 2, pp . 1117—1123 11951), in Palestine Yearbook of
International Law, vol . 2, p . 119 1 1 9851 .
13 Segev, supra note 3, p . 59 .
14 Id . Ghilan, supra note 7, pp . 236—237 . Uri Davis and Norton Mezvinsky, Doc-
uments from Israel. 1967—1973 : Readings for a Critique of Zionism (1975) ,
pp . 3 2— 33 . Elias Chacour, Blood Brothers (1984), pp . 73—81 .
1 5 New York Times, July 24, 1972, p . A2 .
1 6 Emergency Regulations (Security Zones) (Extension of Validity) (No . 2) Law, Laws
of the State of Israel, vol . 3, p . 5 6 ( 1 949 ) . Daoud v. Minister of Defence, supra note
12 .
1 7 Defense (Emergency) Reguations, art . 125, Palestine Gazette, no . 1442, supple-
ment no . 2, September 27, 1 945, pp . 1055—1098 ; also published as Governmen t
of Palestine, The Defence (Emergency) Regulations, 1945 (as amended until 2d
March, 1947) 11947) . Committee of Displaced Persons from Ikrit, Rama and Oth-
ers v. Government of Israel et al ., High Court of Justice 141/81, Piskei Din, vol . 36 ,
part 1, pp . 129—133 11982), in Palestine Yearbook of International Law, vol . 2 ,
p . 129 (1985) (noting that art . 125 was applied to Ikrit in 1963 and 1972) .
18 Committee of Displaced Persons v . Government, supra note 17 .
19 U.S . Dept. of State, Country Reports on Human Rights Practices for 1981 (1982) ,
p . 997 . David Gilmour, Dispossessed : The Ordeal of the Palestinians (1982) ,
pp . 102—103 . Segev, supra note 2, p . 59 ." ' Igrit and Biram Residents Demonstrate ,"
Al-Fair, September 12, 1986, p . 4 . Elaine Ruth Fletcher, " People Who Never Los t
Hope," Jerusalem Post, international edition, week ending February 14, 1987, p . 11 .
20 Davis and Mezvinsky, supra note 14, p. 34 . AI-Fair, November 8, 1987, p. 4 .
25 "Statutory Martial Law," Defense (Emergency) Regulations, supra note 17, part 1 5
(arts . 148—162) .
22 David Kretzmer, The Legal Status of the Arabs in Israel (1987), p . t,6 .
23 Schwarz, supra note 9, pp . 64—65, 82—8 ; . Gabbay, supra note 1, p . 287 . Edward
Rizk (trans.), The Palestine Question : Seminar of Arab Jurists, Algiers, 22—2 7
July 1 9 6 7 ( 1 9 68 ), p . 56 .
24 Aharon Cohen, Israel and the Arab World (1970), p . 493 . H . Baruch, "Facing th e
180,000 : How the Military Government Rules," Ner (December 1958—Januar y
1 959), p . 37, at p . 50. Ze ' ev Schiff, " The Pros and Cons of the Militar y
Government," New Outlook March—April 1962), p . 64, at p . 66 .
2 5 Gabbay, supra note t, p . 53 .
2 6 Schwarz, supra note 9, p . 65 . Sabri Jiryis, The Arabs in Israel (1976), p . ;o .
2 7 Ella T. Zureik, The Palestinians in Israel : A Study in Internal Colonialism (1979),
p . Ito . Gabbay, supra note r, p . 288 . Michael Saltman, " The Use of Mandatory
Emergency Laws by the Israeli Government," International Journal of the Sociol-
280 Note s Notes 28 1

ogy of Law, vol . to, p . 385, at p . 387 (19821 . 6o Amun, Davis, and San'allah, supra note 44, p . 13 .
28 Gabbay, .supra note r, p . 288 . Baruch, supra note 24, p . 46 . 6r Abner Cohen, Arab Border Villages in Israel : A Study of Continuity and Change
29 Schwarz, supra note 9, p . 85 . in Social Organization (1965), p . 19 .
3o Jiryis, supra note 26, p . 28 . Schwarz, supra note 9, p . 85 . 62 Segev, supra note 3, pp . 73 – 74 .
31 Ghilan, supra note 7, p . 196 . 63 Id., p . 74 .
32 Knesset Debates, vol . r, pp . 753 – 754 (J une 30, 1949) (MK Amin Jarjoura) . 64 Schwarz, supra note 9, p . rho . Yitzhak Oded, " Bedouin Lands Threatened b y
33 Schwarz, ,supra note 9, p . 64 . Takeover," New Outlook (November–December 1964), pp . 45 – 52 .
34 Segev, supra note 3, pp . 49, 65 . 65 Schwarz, supra note 9, p . 159 .
35 Gabbay, supra note r, p . 287 . 66 Id .
36 Uri Avnery, "Government Suppressing Free Speech, ' New Outlook (September 67 Id .
1 9 6 41, p . 50 . 68 Absentees' Property (Amendment No . 3) (Release and Use of Endowment Prop-
37 Segev, supra note 3, p . 63 . erty) Law, art. 29B, Laws of the State of Israel, vol . 19, p . 55 11965 . Sabri Jiryis,
38 Schwarz, supra note 9, pp . 61–63 . Nakkara, supra note n, pp . 28–30 . Democratic Freedoms in Israel (19721, p . 12 .
39 Emergency Land Requisition (Regulation) Law, art . 3, Laws of the State of Israel). 6 9 Segev, supra note 3, p . 81 .
vol . 4, P . 3 1 1 949) 7 0 Lustick, supra note 47, p . 179 . Amun, Davis, and San ' allah, supra note 44, p . 39 .
4o Emergency Regulations (Cultivation of Waste (Uncultivated) Lands), Laws of the 7 1 Progress Report of the UN Conciliation Commission for Palestine, General Assem-
State of Israel, vol . 2, pp . 71–77 (1948–1949) . Sabri Jiryis, "The Legal Structur e blyOfflcial Records, 6th Bess ., Supplement No. 18, UN Doc . A/,985, p . 5, para . 3 6
for the Expropriation and Absorption of Arab Lands in Israel," journal of Palestine ( 1 95 11 .
Studies vol . 2, no . 4, p . 98 (1973) . 7 2 Don Peretz, " Problems of Arab Refugee Compensation," Middle East Journal ,
41 Absentees ' Property Law, art . 1(b), Laws of the State of Israel, vol . 4, p . 68 r95o' . vol . 8, p . 4 0 3, at pp . 4 04 – 408 ( 1 954) .
42 Segev, supra note 3, p . 80 . 7 3 Statement of Mordechai Schattner, custodian of absentee property, Jerusalem Post ,
43 Id. January t8, 1 953, p . 3 .
44 Hasan Amun, Uri Davis, and Nasr San' allah, " Deir Al-Asad : The Destiny of an 7 4 Arnold Toynbee, A Study of History, vol . 8, p . 289 (1954) .
Arab Village in Galilee : A Case Study Towards a Social and Political Analysis o f 7 5 Charles S . Kamen, " The Arab Population in Palestine and Israel, 1 94 6–1 95 1 ,"
the Palestinian-Arab Society in Israel," in Hasan Amun (ed .), Palestinian Arabs it, New Outlook (October–November 1984), p . 36, at p . 37 . Israel Shahak, " Arab Vil-
Israel: Two Case Studies 11977), p . 5 . lages Destroyed in Israel," in Davis and Mezvinsky, supra note 14, p . 43, at p . 47 .
45 Kretzmer supra note 22, p . 102 . Amun, Davis, and San' allah, supra note 44, p . 38 .
46 Amnon Rubinstein, Constitutional Law of the State of Israel (in Hebrew, 1980 ) 7 6 Schwarz, supra note 9, p . 69 .
p . 187 . Kretzmer, supra note 22, p . 115 . 7 7 Moshe Dayan, " My Standing in the Labor Party " lecture ., Haifa Technical Institute ,
47 Jerusalem Post, January 18, 1953, p . 3 . Ian Lustick, Arabs M the Jewish State Ha ' aretz, April 4, 1 9 6 9, p . 1 5 .
(1980), P . 57 . 7 8 Amun, Davis, and San' allah, supra note 44, p . 32 . Davis and Mezvinsky, supra
48 Segev, supra note 3, p . 82 . note 14, pp . 27–28 .
49 Laws of the State of Israel, vol . 7, p . 43 (1953) . A new statute was adopted in 197 5 7 9 Negev Land Acquisition (Peace Treaty with Egypt) Law, Laws of the State of Israel ,
on procedures for compensation for property taken as absentee, the Absentees ' vol . 34, p . 190 (1980) . U.S . Dept . of State, Country Reports on Human Rights
Property (Compensation) Law, Laws of the State of Israel, vol . 27, p . 176 (1973) . Practices for 1980 (198,), p . 997 . Negev group for human rights, letter to "I n
5o Kretzmer, supra note 22, pp . 102, 115 . Rubinstein, note 46, pp . 185–186 . These Times" (Chicago), August 13, 1980.
51 Peretz, supra note 1, p . 126 . 8 o Rafik Halabi, The West Bank Story (1982), pp . 2 45, 249 .
52 Schwarz, supra note 9, p . 102 . 8 r Meir Shamir, director of Israel Land Registration Office (meeting of committe e
53 Id ., p . 103 . appointed by minister of agriculture to study land policy), in Moshe Lichtman ,
54 Jiryis, supra note 26, p . 127 . "An Arab Kept Separately Is a Good Arab," Momtin (March 1983), p. 110, at p . 112 .
55 Defense (Emergency) Regulations, supra note 17 . 8 2 Halabi, supra note 8o, p . 255 .
56 Segev, supra note 3, p . 81 .
57 Shimon Peres, " Military Law Is the Fruit of Military Governance, " Davar, January
26, 1962, p . 2 .
58 Knesset Debates, vol . 36, p . 1217 (February 20, 1963) .
59 Zureik, supra note 27, p . 120 .


282 Note s Notes 283

week ending February 14, 1987, p . 10 .

14 Hewers of Wood : Arab Commerce Agriculture, and Labor 20 Laws of the State of Israel, vol . 13, p . 2 58 ( 1 959) .
21 573 8 Yalkut HaPirsumim (Public Notices), p . 1249 ; 5739 Yalkut HaPirsumim ,
St . Augustine, The City of God (Marcus Dods, ed. and trans ., 1948) book 4, vol . 1, p . 1193 . The towns are listed in Information for Investors, issued by A . Sason,
P . 1 39 . director of development areas, ministry of industry and commerce, October 1984 .
1 Charles S . Kamen, "The Arab Population in Palestine and Israel, 1946—1951, " Kretzmer, supra note 13, p . 100 . Lustick, supra note 12, p . 186 . Yitzhak Oked ,
New Outlook (October—November 1984), p . 36, at p . 39 .
" The Survival Factor," Jerusalem Post, international edition, week ending Marc h
2 Tom Segeq 1949 : The First Israelis (1986), pp . 69—79 . 26, 1988, supplement, p . II .
3 Henry Cattan, The Palestine Question (1988), p . 84 . 22 Goell, supra note 19, p. 10 .
4 George Kirk, The Middle East 1945—1950 (1954(, p . 316 . 23 Oked, supra note 21, p . II.
5 Sami Hadawi, Palestinian Rights and Losses in 1948 (19881, pp . roe, 130—131 , 24 Kamen, supra note 1, p . 39 .
155—156 . Palestine Conciliation Commission, progress report (for period I Ma y 25 Jerusalem Post, February 8, 1971, p 7 .
1964 to 22 December 1965), December 28, 1965, UN Doc . A/6225 . 26 Kretzmer, supra note 13, p . 121 .
6 Avraham Cohen, " The Arab Population of Israel, 1950-1980, " New Outlook 27 Peanut Production and Marketing Board Law, art . 5, Laws of the State of Israel ,
(October—November 1984), p . 43 . vol . 13, p . 77 ( 1 959) .
7 Interview by author with Tawfiq Zayyad, member of Knesset and mayor of Naza - 28 Vegetable Production and Marketing Board Law, art . s, Laws of the State of Israel,
reth, in Jerusalem, May 21, 1986 . vol . 13, p .245 ( 1 959).
8 Yossi Amitay, ' A Question of Identity : Like an Uprooted Tree, " New Outloo k 29 Egg and Poultry Board (Production and Marketing] Law, art . 5, Laws of the State o f
(October—November 19841, p . 12, at p . 15 . Israel, vol. 18, p . to (1963) .
9 Nawaf Masalhah, "Israeli Arabs : Equal Economic Development," New Outloo k 3o Fruit Production and Marketing Board Law, art . 4, Laws of the State of Israel, vol.
(May—June 1 985), p . 35 . 27, P. 370 ( 1 973)-
10 Jacob Dash, "Planning and Development," in Israel Pocket Library, Immigratio n Walter Lehn, The Jewish National Fund 11988), p . 149—150.
31
and Settlement in Israel (1973(, pp . 117—121 . Sabn Jiryis, The Arabs in Israel (19761, pp. 215—217 .
32
11 Gabriel Ben-Dor, The Druzes in Israel: A Political Study (1979(, pp . 134—135 . Uri Maxim Ghilan, How Israel Lost Its Soul 11974), p . 240 .
33
Davis and Norton Mezvinsky Documents from Israel 1967—1973 : Readings for a Lustick, supra note 12, pp . 166—167 .
34
Critique of Zionism (1975), p . 28 . Uri Davis, Israel: An Apartheid State (19871, pp . 50—55 .
35
12 Ian Lustick, Arabs in the Jewish State (1980), p . 164 . 36 Walter Law, arts . 1, 36, Laws of the State of Israel, vol . 13, p . 173 (19591 .
13 David Kretzmer, The Legal Status of the Arabs in Israel 119871, p . Io6 . Ella Zureik , Kretzmer, supra note 13, p . 118 .
37
The Palestinians in Israel : A Study in Internal Colonialism (1979), pp. 133—136 . Central Bureau of Statistics, Statistical Abstract of Israel 1983 (no. 34), p . 4 8 4 .
38
David Gilmour, Dispossessed: The Ordeal of the Palestinians (19821, pp . 100—101 . Lustick, supra note 12, p. 167 .
39
Lustick, supra note 12, pp . 188—189 . Henry Rosenfeld, The Condition and Status Kretzmer, supra note 13, p . 120 .
40
of the Arabs in Israel ( 1 9 8 5), p . 54 . 41 Lehn, supra note 31, pp . 68, 161 .
14 David Shipler, " Israeli Arabs : Scorned, Ashamed, and 'loth Class ' ," New Yor k Walter Law, supra note 36, art . 46 . Hasan Amun, Uri Davis, and Nasr San 'allah,
42
Times, December 29, 1983, p . A2 . " Deir Al-Asad : The Destiny of an Arab Village in Galilee : A Case Study Toward s
15 Lustick, supra note 12, p . r68 . David Shipler, Arab and Jew : Wounded Spirits in a a Social and Political Analysis of the Palestinian-Arab Society in Israel, " in Hasa n
Promised Land (1986), pp . 443 — 444 . Kretzmer, supra note 13, pp . 109—111 . Amun (ed.), Palestinian Arabs in Israel : Two Case Studies (1977), p . 58 .
Ibrahim Nimr Hussein, mayor of Shfaram, "Profile," New Outlook (October
43 Walter Law, supra note 36, art . 126 .
November 1984), p . 6o .
44 Amun, Davis, and San'allah, supra note 42, p . 45 .
16 U.S . Dept . of State, Country Reports on Human Rights Practices for 1979 (,98o,
45 Uri Davis, " Israel's Zionist Society : Consequences for Internal Opposition and th e
P . 757 . Necessity for External Intervention," in Committee for the Elimination of Al l
17 Jerusalem Post, international edition, week ending February 7, 1987, supplement ,
Forms of Racial Discrimination and American Jewish Alternatives to Zionism ,
p . XII . Judaism or Zionism : What Difference for the Middle East? (19861, p . 176, at p . 179 .
18 "The Histadrut Elections and Other Activities," The Other Israel : Newsletter of Abner Cohen, Arab Border Villages in Israel : A Study of Continuity and Change
46
the Israeli Council for Israeli-Palestinian Peace, no . 15, p . 6 (June 19851 . Zureik ,
in Social Organization (t 9 6 5 ), p . 19 .
supra note 13, p. 128 . 47 Zureik, supra note 13, pp . 122—129 .
19 Yosef Goell, "Where Israel 's Union Fails," Jerusalem Post, international edition, 48 Sarah Graham-Brown, " The Economic Consequences of the Occupation," i n

284 Notes
Naseer Aruri, Occupation : Israel over Palestine (1983), p . 167, at pp. 209 8210 .
49 Zureik, supra note 13, p . 131 . Amun, Davis, and San 'allah, supra note 4 2 , p . 4 4 ,
Cohen, supra note 46, p . 24 .
5o Michael Saltman, " The Use of the Mandatory Emergency Laws in Israel ;' Inte r
national Journal of the Sociology of Law, vol . to, p . 385, at p . 391 (1982) .
Zureik, supra note 13, p . 132 .
Cohen, supra note 46, p . 19 .
Sabri liryis, Democratic Freedoms in Israel (19721, p . 82 .
Saltman, supra note 5o, p. 391 .
Jiryis, supra note 3 2 , pp . 33-34 .
Rosenfeld, supra note 13, p . 51 .
Rafik Halabi, The West Bank Story (19821, p . 235 . Saltman, supra note 5o, p . 392 .
Kretzmer, supra note 13, p . 116 . Amnon Rubinstein, Constitutional Law of th e
State of Israel (in Hebrew, 1980), p . 186 .
59 Severance Pay Law, arts . 30, Laws of the State of Israel, vol . 17, p . 161 (1963) .
6o Id ., art . 8, para. 2 .
61 Id., para . 22 .
62 Minister of Labor, Severance Pay Regulations, Calculation of Compensation an d
Resignation That Is Deemed Dismissal (in Hebrew, 1964), Regulation 121b) .
63 Jerusalem Post, May 12, 1953, p . 4 .
64 Od Stendel, The Minorities in Israel : Trends in the Development of the Arab an d
Druze Communities, 1948 — 8973 )1973 ) , p . 153 . Jacob M . Landau, The Arabs tti
Israel : A Political Study (1969), p . 178 .
65 Zureik, supra note 13, p . 128 . Landau, supra note 65, pp . 178-183 .
66 Jerusalem Post, May 23, 1986, pp . 17—18 . Gilmour, supra note 13, p 99 .
67 "The Palestinian Working Class," Democratic Palestine (May 19861, p. 10, at p . 1 2
68 Yosef Goell, supra note 19, p . 10 .
69 Zureik, supra note 13, pp . 128-129 .
70 Goell, supra note 19, p . 10 .
71 Id .
15 The National Institutions : The Legislation That Make s
Israel Jewish
1 Declaration of the Establishment of the State of Israel, paras . ro—11, Laws of thy -
State of Israel, vol . 1, p . 3 (1948) . Yehuda Savir, "The Definition of a Jew under
Israel's Law of Return ," Southwestern Law Journal, vol . 17, p . 123, at p . 124 (196 5 '
Claude Klein, Le caractere juif del'etat d 'Israel (1977), p . 14 .
2 Izhak Englard, " Law and Religion in Israel," American Journal of Comparati v e
Law, vol . 35, p . 185, at p . 187 (1987) .
3 World Zionist Organization—Jewish Agency (Status) Law, Laws of the State r- '
Israel, vol . 7, p . 3 (1952) . W Thomas Mallison, " The Zionist-Israel Juridical Claim s
to Constitute 'the Jewish People' Nationality Entity and to Confer Membershi p
in It : An Appraisal in International Law, " George Washington Law Review, vol . 3'-
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Basic Law : The Knesset (Amendment No . 9), Sefer Ha-Hukim (Primary Legisla -
4 3 3 Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, art . 1, Laws of th e
Notes 28 5
tion), No . 1155, August 7, 1985, p . 196 . Israel and Palestine Political Report ,
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5 Adopted as amendment to art . 134 of Knesset Rules, 5746 Yalkut HaPirsumi m
;Public Notices), p . 772, in David Kretzmer, The Legal Status of the Arabs i n
Israel 11987), p . 42 . Aryeh Rubinstein, " Knesset Forbids Racist and Anti-Zionis t
Bills," Jerusalem Post. November 14, 1985, p . 2 . Asher Wallfish, "Knesset Expecte d
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6 Prime Minister's Office, Government Yearbook ( 1 913 — 541, P . 57, in W Thoma s
Mallison, "The Legal Problems Concerning the juridical Status and Political Activ -
ities of the Zionist Organization/Jewish Agency, " William and Mary Law Review,
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7 Resolution of the 23d Zionist Congress, 1951, in Mallison, supra note 6, p . 581 .
8 Flag and Emblem Law, Laws of the State of Israel, vol . 3, p . 26 ( 1 9491 .
9 Klein, supra note r, p . 25 .
10 Flag and Emblem law, Laws of the State of Israel, vol . 3, p . z6 (1949) .
11 Klein, supra note 1, p . 25 .
12 Id.
13 Fouzi El-Asmar, To Be an Arah in Israel (1978), p . 137 .
14 Law of Return, Laws of the State of Israel, vol . 4, p . 114 ( 195 0 ) .
15 Kretzmer, supra note 5, p . 43 .
16 David Shipler, "Israeli Arabs : Scorned, Ashamed, and ' 20th Class'," New Yor k
'Times, December 29, 1983, p . A2 .
17 Haim H . Cohn, in International Lawyers Convention in Israel 1 958 ( 1 959), p . 20 .
18 Haim H . Cohn, Human Rights in Jewish Law (1984), p . 17 .
19 Foundations of Law, Laws of the State of Israel, vol . 34, p . 181 (19801 .
20 Kretzmer, supra note 5, p . 28 .
21 Haim Shapiro, " Rabbis Put Judge in Dock," Jerusalem Post, international edition ,
week ending July 2, 1988, p . 8 .
22 Shabtai Rosenne, The Constitutional and Legal System of Israel (1957), p . 12 .
23 Izhak Englard, " The Problem of Jewish Law in a Jewish State ," Israel Law Review,
vol . 3, p . 254, at p . 272 (1968) .
24 Id ., pp. 2 73-274 .
2 5 Dan Gordon, " Limits on Extremist Political Parties : A Comparison of Israeli Juris -
prudence with that of the United States and West Germany, " Hastings Interna-
tional and Comparative Law Review, vol. ,o, p . 347, at p . 361 11987) .
26 Rosenne, supra note 22, p . 11 .
27 International Lawyers Convention, supra note 17, pp . 13—14 .
28 Englard, supra note 23, p . 268.
29 Menachem Elon, "The Sources and Nature of Jewish Law and Its Application i n
the State of Israel," Israel Law Review, vol . 4, p . 8o, at p . 82 !November 1969) .
3 0 Knesset Debates, vol . 41, p . 463 (November 1964) .
3 1 Elon, supra note 29, p . 84 .
3 2 Chamber of Advocates Law, art . 3, para . 6, Laws of the State of Israel, vol . 15 ,
p . 196 ;1961) .

286 Notes
State of Israel, vol. 7, p . 139 ( 1953) .
34 Rosenne, supra note 22, p . 11 .
Nancy Jo Nelson, "The Zionist Organizational Structure," Journal of Palestin e
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tions and Israel (T986), pp . 19–28 .
36 Information Department of the Jewish Agency and World Zionist Organization ,
The Jewish Agency 's Digest of Press and Events, Jerusalem, May 16, 1952 ,
pp . ro67–1070, in Elmer Berger, "The Unauthenticity of 'Jewish People' Zion-
ism," in Judaism or Zionism : What Difference for the Middle East? (19861, p . 1 33 ,
at p . 141 .
37 World Zionist Organization—Jewish Agency (Status) Law, arts . 3, Laws of th e
State of Israel, vol . 7, p . 3 (1952) . Mallison, supra note 3, pp . 1039–1043 . Mallison ,
supra note 6, pp. 580–591 .
38 Sally V. Mallison and W Thomas Mallison, " Zionism, Freedom of Information ,
and the Law, " in Roselle Tekiner, Samir Ahed-Rabbo and Norton Mezvinsky (eds .) ,
Anti-Zionism : Analytical Reflections (19881, p . 153, at p . 159 .
39 Walter Lehn, The Jewish National Fund (19881, p . 97 .
40 Aryeh Rubinstein, "Working for Zion : Moshe Rivlin/Profile," Jerusalem Post, inter-
national edition, week ending February 14, 1987, p . 16 .
4r Resolution : "Status for the Zionist Organization," para. c, in Organization Depart-
ment of the Zionist Executive, Fundamental Issues of Zionist at the z3d Zionis t
Congress, pp . 135–136 (1952), in Mallison, supra note 6, p . 583 .
42 " Status for the Zionist Organization," supra note 41, para . b .
43 Id ., para . e(2) . William Wilson Harris, Taking Root : Israeli Settlement in the Wes t
Bank, the Golan and Gaza-Sinai, 1967–1980 (1980), p . 46 .
44 Agreement for the reconstitution of the Jewish Agency for Israel, June 21, 1971 ,
reported in Jerusalem Post, June 21, 1971, p . 8 . " Special Supplement—Founding
Assembly : The Reconstituted Jewish Agency, " Jerusalem Post, June 21, 1971 .
Charles Hoffman, "A wzo-Jewish Agency Shell Game," Jerusalem Post, interna-
tional edition, week ending July 12, 1986, p . 8 . W Thomas Mallison and Sally V
Mallison, The Palestine Problem in International Law and World Order (1986) ,
p . 131 .
45 Harry Rosen and Shlomo Tadmor, " In Defence of the Agency, " Jerusalem Post ,
international edition, week ending July 12, 1986, p . 9 .
46 World Zionist Organization—Jewish Agency for Israel (Status) (Amendment( Law ,
art. 7, Laws of the State of Israel, vol. 30, p . 43 ( 1 975 )
47 Prime Minister ' s Office, Israel Government Year Book 5729 (1968/69) (19691 )
P . 2 55 .
48 Hasan Amun, Uri Davis, and Nasr Dakhlallah San 'allah, "Deir Al-Asad : Th e
Destiny of an Arab Village in Galilee : A Case Study toward a Social and Politica l
Analysis of the Palestinian-Arab Society in Israel," in Hasan Amun et al . (eds.) .
Palestinian Arabs in Israel : Two Case Studies (1977), p . 1, at p . 59 .
49 Planning and Building Law, art. 1, sec. 2(b1(1 TLaws of the State of Israel, vol . 19 ,
p . 33 0 ( 1 9 6 5) .
5o Planning and Building Law, First Schedule, sec . 2(5), Laws of the State of Lsraei ,
Vol . 1 9, p. 33 0 , at p. 39 0 11965) .
Notes 287
51 See supra chapter 14 .
52 Aziz Haidar, Social Welfare Services for Israel's Arab Population (19871, p . 54 .
Kretzmer, supra note s, p . 97 .
53 Kretzmer, supra note 5, pp . 108–109 .
54 Charles Hoffman, " Steps to Renewal," Jerusalem Post, international edition, week
ending April 30, 1988, p . 3 (magazine section) . Joshua Brilliant, "Project Renewa l
Money Now Helps Arabs Too," Jerusalem Post, international edition, week end-
ing April 1, 1 9 8 9, p . 5
16 Holding the Soil: Arab Access to Lan d
1 Development Authority Law, art . 3, pars 4ja), Laws of the State of Israel, vol . 4 ,
p . 151 (19SO) .
2 Lee O'Brien, American Jewish Organizations and Israel (1986), pp . 130–134 .
3 Koren Kayemeth Le-Israel Law, art . 2, Laws of the State of Israel, vol . 8, p . 3 5
1 1 9531 .
4 Walter Lehn, The Jewish National Fund (1988), pp . 99–100, 1zo–13o .
5 Covenant, November 28, 1961, executive reports, 26th Zionist Congress (Decem -
ber 1964), p . 345, at pp. 345 – 355, in W Thomas Mallison, " The Legal Problem s
Concerning the Juridical Status and Political Activities of the Zionist Organi-
zation/Jewish Agency, " William and Mary Law Review, vol. 9, p . 556, at p . 59 4
(19681 ; and in Palestine Yearbook of International Law, vol . 2, pp . 214–217 11985) .
6 Keren Hayesod Law, art . 2, Laws of the State of Israel, vol . 1o, p . 24 (1956) .
7 Keren Kayemeth Le-Israel Head Office, Report on the Legal Structure, Activities,
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8 Ian Lustick, Arabs in the Jewish State : Israel 's Control of a National Minority
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9 Lehn, supra note 4, pp. 147–148 .
I 0 Lustick, supra note 8, p . 99 . Noam Chomsky, "Israelis and Palestinians," in Ur i
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11 U.S . Dept . of State, Country Reports on Human Rights Practices for 1984 ( 1 9 8 51 ,
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12 Uri Davis and Walter Lehn, "And the Fund Still Lives : The Role of the Jewis h
National Fund in the Determination of Israel's Land Policies, " Journal of Pales-
tine Studies, vol . 7, no . 4, p . 3, at pp . 23–25 (1978) .
1 3 Lehn, supra note 4, p . 13 S .
1 4 Ian Lustick, "The Quiescent Palestinians : the System of Control over Arabs i n
Israel," in Khalil Nakhleh and Elia Zureik (eds .), The Sociology of the Palestinians
(1980), p . 68 .
r 5 Development Authority Law, Laws of the State of Israel, vol . 4, p . 151 (1950).
1 6 Basic Law : Israel Lands, art . 1, Laws of the State of Israel, vol . 14, p. 48 (1960) .
288 Note s Notes 28 9

Keren Kayemeth Le-Israel, Memorandum of Association, art . 3(h), May 20, 1954 ,
approved by minister of justice, in Palestine Yearbook of International Law, vol .
2, p . 206 (1985) .
Abraham Granott (Granovsky), Agrarian Reform and the Record of Israel (19561 ,
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David Tanne, "Housing," in Israel Pocket Library supra note 1o, p . 122, at p . 125 .
J . Weisman, "The Kibbutz : Israel 's Collective Settlement," Israel Law Review .
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Collection of Documents (1975), p . 131, at p . 133 .
Keren Kayemeth Le-Israel, Memorandum of Association, arts . 3(a), 3(g), in Poles .
tine Yearbook, supra note 17, p . 206 .
See supra chapter I .
Koren Kayemeth Le-Israel, Memorandum of Association, art . 3(e), in Palestine
Yearbook, supra note 17, p . 206 .
2 4 Id ., art . 3(b) .
2 5 The JNF, Association Limited by Guarantee and Not Having a Capital Divided
into Shares (Jerusalem, 1952), in Davis and Lehn, supra note 12, p . 9 .
z 6 David Kretzmer, The Legal Status of the Arabs in Israel ( 1 9 8 7), p . 74 .
1 7 Lease Contract, art . 25, in Lehn, supra note 4, p . 192 ; and in Palestine Yearbook o f
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2 8 Editorial, "Struck Off the Israeli List," The Times, June 20, 1984, p . 11 .
2 9 Israel Lands Administration Law, art . 2(a), Laws of the State of Israel, vol . 14, p . 50
(19601 .
30 Covenant supra note 5, art . 2 .
3 1 Israel Lands Administration Law, art . 3, Laws of the State of Israel, vol. 14, p . 50
(19601 .
3 2 Covenant, supra note 5, art . 9 . Weitz, supra note to, p . 1(28 . Jacob Tsur, "The
Jewish National Fund," in Israel Pocket Library, supra note TO, p . 112, at p . 115 .
3 3 Kretzmer, supra note 26, p . 76 . Lehn, supra note 4, p . 116 .
3 4 Covenant, supra note 5, art . to . Lustick, supra note 8, p . 99 . Davis and Lehn .
supra note 12, pp . 16-21 . Hasan Amun, Uri Davis, and Nasr San' allah, " Def t
Al-Asad : The Destiny of an Arab Village in Galilee : A Case Study Towards a
Social and Political Analysis of the Palestinian-Arab Society in Israel, " in Hasan
Amun (ed .), Palestinian Arabs in Israel: Two Case Studies 1 1 977), pp . 58 – 59 .
3 5 Covenant, supra note 5, art . to . Lustick, supra note 8, p . 99 .
3 6 Uzi Oman, " 'Who is a few? ' and the Rights of the Jews," Ma' ariv, January 30 .
1974, in Shahak, supra note 20, p. 53, at pp . 54–55 . Uzi Ornan, " The Regime o f
Privileges," Ha ' aretz, March 26, 1975, id ., p . 56, at p . 59 .
3 7 Keren Kayemeth Le-Israel Head Office, Jerusalem, Report on the Legal .Structure .
Activities, Assets, Income and Liabilities of the Keren Kayemeth Leisrael (19731 .
p . 6, in Chomsky, supra note 7, p . 249 ; and in Lehn, supra note 4, p . its .
3 8 Chomsky, supra note 7, p . 248 .
39 Keren Kayemeth Le-Israel, Memorandum of Association, art . 3(3), in Palestin e
Yearbook, supra note 17, p . 206 . Kretzmer, supra note 26, p . 76 .
40 Amun, Davis, and San 'allah, supra note 34, p . 46 .
41 Agricultural Settlement {Restrictions on Use of Agricultural Land and of Water )
Law, arts . 1–2, First Schedule, Laws of the State of Israel, vol . 21, p . 105 ( 1 967) .
42 Knesset Debates, vol . 47, p . 165 (October 31, 1966) (MK Avnery) . Id ., p . 168 (M K
Toubi) . Lehn, supra note 5, pp . 128–119 .
43 Roman Pfister, " Ishmael National Fund," Ha ' aretz, October 14, 1966, magazin e
section, pp . 5–7 . The title of the article—in Hebrew, " Koren Kayemeth Israel " —i s
a take-off from Keren Kayemeth Israel (Jewish National Fund), Ishmael being th e
biblical ancestor of the Arabs . The implication was that the Fund was servin g
Arabs .
44 Agricultural Settlement (Restrictions on Use of Agricultural Land and of Water )
Law, arts . 7–8, Laws of the State of Israel, vol . 21, p . 105 (1967) .
45 Uri Davis, "Palestine into Israel," Journal of Palestine Studies, vol . 3, no. 1, p . 88,
at pp . 97 – 9 8 ( 1 973) .
46 Meir Hareuveni, "The Israeli Settlement Authorities are taking action agains t
the leasing of lands to Arabs," Ma' ariv, July 3, 1975, p . 4 .
47 Lustick, supra note 8, p . too .
48 Bantu Land Act, no . 27 (1913), Statutes of the Republic of South Africa, vol . 9 ,
p . 21 .
49 Bantu Trust and Land Act, no . 18 11936), Statutes of the Republic of South Africa ,
vol . 9, p . 371 .
50 Penal Law, art. 2, Laws of the State of Israel : Special Volume, 5737 – 1977, p . 9 .
'I I Id., arts . 277 – 297 .
52 W Thomas Mallison and Sally V. Mallison, The Palestine Problem in Interna-
tional Law and World Order (1986), p . 16o .
53 Claude Klein, Le caractere l uif de l 'etat d ' Israel (1977), p . 22 .
54 Kretzmer, supra note 26, p . 7 1
55 Lustick, supra note 8, p . ro6 .
56 Jiryis, supra note 42 . p- 58 .
57 Roselle Tekiner, Jewish Nationality Status as the Basis for Institutionalized Rac-
ism in Israel, Paper no . 40, International Organization for the Elimination of Al l
Forms of Racial Discrimination (1985), p . 12 .
17 The Law of Ingathering: Nationality and Citizenshi p
1 Law of Return, art . 1, Laws of the State of Israel, vol . 4, p . 114 (1950) .
2 Nationality Law, art . 2, Laws of the State of Israel, vol . 6, p . 5o (1952) . M . D .
Gouldman, Israel Nationality Law (1970) . L . Warsoff, " Citizenship in Israel— A
Comment," New York University Law Review, vol . 33, pp. 857–861 j1958) . Hai m
Margalith, " Enactment of a Nationality Law in Israel," American Journal of Com-
parative Law, vol . 2, pp . 63–66 ; 1 953) .
Roselle Tekiner, Jewish Nationality Status as the Basis for Institutionalized Rac-
ism in Israel (1985, Paper No . 40, International Organization for the Eliminatio n
of All Forms of Racial Discrimination), p . 9 .
Shahtai Rosenne, " The Israel Nationality Law 57)(2–1952 and the Law of Retur n

290 Notes
5710- 1g5o ;' /ournal du droit international, vol . 81, p . 5 , at p . 7 (1954) .
5 Knesset Debates, vol. 6, p . 2035 !J ul y 3, 1950 ) .
6 Department of State Bulletin, vol . 3o, p . 628, at p . 632 !April 26, 19541 .
7 Dorflinger v Minister of the Interior. H .C . 563/77, Piskei Din, vol . 33, part 2 ,
p . 97 (19771, in Israel Yearbook on Human Rights, vol. 12, p . 318 (19821 . Rufeise n
v Minister of the Interior, H .C . 72/62, Piskei Din, vol . 16, p . 2428 (1862), I n
Selected Judgments of the Supreme Court of Israel : Special Volume 1 1 971 '. ,
pp . I -34, summarized in Doris Lankin, Biennial Survey of Israel Law'962-19
1 9 6 4), PP . 57-6 3 . 6(
8 Akiva Orr, The Uri/elvish State : the Politics of Jewish Identity in Israel (19831 ,
p . 15 . Uri Davis and Walter Lehn, 'And the Fund Still Lives : The Role of th e
Jewish National Fund in the Determination of Israel 's Land Policies,' Journal o f
Palestine Studies, vol . 7, no . 4, p . 3, at pp . 4-6 (1978) .
9 Nationality (Amendment No . 3) Law, Laws of the ,State of Israel, vol . as, p . i1 7
( 1 97 1 ).
to Claude Klein, Le caractere juif de l 'etat d'Israel (1977), p . 96 .
11 Lidia Modzhorian, Mezhdunarodnyi sionizm na sluzhbe imperialistichesko :
reaktsii : pravovoi aspekt (International Zionism in the Service of Imperialist Reac -
tionary Forces : The Legal Aspect, 1984), p . 15 .
12 Nationality Law, art . 3, Laws of the State of Israel, vol . 6, p . 5o (1952) .
13 Rosenne, supra note 4, p . 9, Klein, supra note 1o, p . 93 .
14 Rosenne, supra note 4, p . 9 .
15 Margalith, supra note 2, pp . 63-66 .
r6 Israeli League for Human and Civil Rights, "Citizenship in the State of Israe l
Today " (August 1971), in Uri Davis and Norton Mezvinsky Documents from
Israel, 1969-1973 : Readings for a Critique of Zionism ( 1 975), p . 88 .
17 Nationality (Amendment No . 2) Law, art . 3, Laws of the State of Israel, vol . 22 ,
p .241(1968) .
18 Nationality (Amendment No . 4) Law, Laws of the State of Israel, vol . 34, p . 25 4
(1980) . David Kretzmer, The Legal Status of the Arabs in Israel (1987), pp . 54- 5
19 Kretzmer, supra note 18, p . 55 .
20 Nationality (Amendment No . 4) Law, art . 2 (adding a new art . 3A to the wig-
inal law), Laws of the State of Israel, vol . 34, p . 254 (1980) . Kretzmer, supra not e
18, p. 55 .
21 Uri Davis, Israel : An Apartheid State ;1987), pp . 37-38 .
22 U.S . Dept . of State, Country Reports on Human Rights Practices for ry,s ;
(1984), p . 1286 . Roselle Tekiner, " On the Inequality of Israeli Citizens," Withou t
Prejudice, vol . 1, p . 48, at pp . 5 1 -54 (1987) .
2 3 Uri Davis, Israel : Utopia Incorporated (1977(, p . 96 .
24 Bantu Homelands Citizenship Act, Act No . 26 (1970), explained in Annual Su '
vey of South African Law 1970119711, p . 58 . Maxim Ghilan, How Israel Lost It ,
Soul ( 1 974), p . 174 .
25 Klein, supra note 1o, p . 34 .
26 Asa Kosher, "Justice and Affirmative Action : Naturalization and the Law 0
Return," Israel Yearbook on Human Rights, vol . 15, pp . rot-112 (1985) . Ruth
Lapidoth, " The Right of Return in International Law with Special Reference tr
Notes 29 1
the Palestinian Refugees," id ., vol . 16, p . 1o3, at p. 121 11986) .
27 F. de Castro, "La Nationalite, la Double Nationalite et la Supra-Nationalite,"
in Hague Academy of International Law, Recueil des cours, vol . 1, p . 515, a t
pp . 566-568 (1961) .
28 International Convention on the Elimination of All Forms of Racial Discrimina-
tion, art. 1(3), March 7, 1966, entered into force January 4, 1969, United Nation s
Treaty Series, vol . 66o, p . 195 (1969), reprinted in International Legal Materials,
vol . 5, p . 35 2 (1966) .
2 9 J. Lador-Lederer, "Jewry 's Nationals," Israel Law Review, vol . 16, pp . 75-102 (1981) .
3 0 Marc Galanter, "A Dissent on Brother Daniel," Commentary (July 196 ;), pp . 10- 17 .
3 1 Heinz Wagner, Der Arabisch-Israelische Konflikt im Volkerrecht (1971 ), p . 39 .
Nathan Feinberg, " The Arab-Israel Conflict in International Law (A Critical Analy -
sis of the Colloquium of Arab Jurists in Algiers) ," in Nathan Feinberg, Studies i n
International Law With Special Reference to the Arab-Israel Conflict (1979),
P . 433, at Pp. 443-45 1 .
32 Benjamin Shalit and Others v. Minister of the Interior and Another (dissent) ,
H .C . 58/68, Supreme Court sitting as High Court of Justice, January 23, 1970, i n
Felix Asher Landau (ed .), Selected Judgments of the Supreme Court of Israel:
Special Volume (1971), p . 35, at p . 51, para . 6 .
3 3 W Thomas Mallison, " The Zionist-Israel Juridical Claims to Constitute ' the Jew-
ish People' Nationality Entity and to Confer Membership in It : An Appraisal in
International Law," George Washington Law Review, vol . 32, p . 983, at p . 98 7
(19641 . F. Yahia, The Palestine Question and International Law (1970), p . 1S .
3 4 New York Times, December 7, 1962, p . A15 .
3 5 Oswald Rufeisen v. Minister of the Interior (Case of Brother Daniel), H .C . 72/62 ,
Piskei Din, vol . 16, p . 2428 (1962), Felix Landau and Peter Elman (eds .), Selected
Judgments of the Supreme Court of Israel : Special Volume ( 1 97 1 ), pp . 1 -34, esp .
p . u, para . 5 ; also (translation varies,`- in New York Times, December 7, 1962 ,
p . 15 . Decision summarized in Doris Lankin, Biennial Survey of Israel La w
1962-1963 ( 1 9 64), pp . 56-63, analyzed in Yehuda Savir, " The Definition of a Je w
under Israel ' s Law of Return ," Southwestern Law Journal, vol . 17, p . 123 (19631 ,
and in Oscar Kraines, The Impossible Dilemma : Who Is a Jew in the State o f
Israel? ( 1 97 6 ), pp . 22-28 .
3 6 Case of Rufeisen, supra note 35 .
3 7 Law of Return (Amendment No . 2), sec . 1, inserted into the Law of Return as sec .
4B, Laws of the State of Israel, vol . 24, p . 28 (1970) .
3 8 Dorflinger v. Minister of the Interior, supra note 7 .
3 9 Letter to Rabbi Elmer Berger, in Whiteman, Digest of International Law, vol. 8 ,
p . 35 (1967() and in Mallison, supra note 33, p. 1075 .
4 0 M . Cherif Bassiouni and Eugene Fisher, " The Arab-Israeli Conflict : Real an d
Apparent Issues : An Insight into Its Future from the Lessons of the Past," St.
Joh n 's Law Review, vol . 44, p . 399, at pp . 419-421 (1970)- Ilan Halevi, Question
juive: la 77ibu, la Loi, 1'E.space (1981), p . 199 .
4 1 Tekiner, supra note 3, p . T3 .
4 2 Emergency Regulations (Possession and Presentation of Identity Certificate ;
(Extension of Validity) Law, Laws of the State of Israel, vol . 25, p . 108 (1971 1 ) vol .

292 Notes
27, p . 59 119731 {lowering age at which card required from 17 to 161 .
43 George Raphael Tamarin v State of Israel (19721 C .A . 630/70, Piskei Din, vol . 26 ,
part 1, p . 197 . New York Times, January 21, 1972, p . At 4 ; analyzed in Klein, supra
note to, pp . 61—65 .
44 Moshe Gabai, "Israeli Arabs : Problems of Identity and Integration ;' New Outloo k
(October—November 1984), p . 18, at pp . 22—23 .
45 Abba Eban, Voice of Israel (1969), p . 76 .
18 Divide and Conquer : Arabs in Israel 's Political Syste m
1 Alfred Witkon, " Elections in Israel," Israel Law Review, vol . 5, pp . 42—52 (19701 .
a Ori Stendel, The Minorities in Israel : Trends in the Development of the Arab an d
Druze Communities . 1 948 —1 973 ( 1 973), PP . 116—148 .
3 Ian Lustick, Arabs in the Jewish State : Israel's Control of a National Minority
( 1 9 80 ), p . Is .
4 Government Year Book 5741 (1980—81), in Simha Flapan, "Integration or Aliena-
tion," New Outlook (October—November 1984), p . 33, at p . 34 .
5 David H . Rosenbloom, " Israel ' s Administrative Culture, Israeli Arabs, and Ara b
Subjects," Syracuse Journal of International Law and Commerce, vol . 1 3, p . 435 ,
at pp . 446 — 454 {1987) .
6 Walter Schwarz, The Arabs in Israel (19591, p . 118 .
7 Lustick, supra note 3, p . 91 .
8 George Jabbour, Settler Colonialism in Southern Africa and the Middle Eas t
(19701, p . 81 . Mohammed Aly El Ewainy, " Racial Ideology in Israel and Souther n
Africa ," Revue Egyptienne de droit international, vol . 29, p . 279, at p . 282 ( 1 973 ) .
9 Jacob M . Landau, The Arabs in Israel : A Political Study (19691, p . 191 . Stendel ,
supra note 2, p. 190 . U.S . Dept . of State, Country Reports on Human Rights Prac-
tices for 1984 (1985), p . 1266 . "Israel 's New Parliament : Distribution of Seats i n
Israel' s 12o-member Parliament," New York Times, November 3, 1988, p . A6 .
to Elia Zureik, The Palestinians in Israel : A Study in Internal Colonialism (19791,
p . 120 . Atallah Mansour, " Israel 's Arabs Go to the Polls," New Outlook (Januar y
19601, P. 23, at pp. 23 — 24 .
11 Rafik Halabi, The West Bank Story (1982), p . 237 . Sabr Jiryis, The Arabs in Israel
( 1 97 6), PP . 50—51 .
12 Teddy Kollek, For Jerusalem 119781, p . 121 .
r3 Tom Segev, 1949 : The First Israelis (1986), p . 66 .
14 Id .
15 Schwarz, supra note 6, p . 67 . Maxim Ghilan, How Israel Lost Its Soul (19741 )
PP . 197—198 .
16 Moshe Menuhin, The Decadence of Judaism in Our Time ( 1 965), p . 194 . Landau .
supra note 9, pp . 108—155 .
17 Jiryis, supra note 11, p . 248 . Landau, supra note 9, pp . 156—178 .
18 Lustick, supra note 3, pp . 142—143 .
19 H . Baruch, "Facing the 180,000 : How the Military Government Rules, " Nu)"
(December 1958—January 1959), p . 37, at pp . 44 — 45 .
20 Segev, supra note 13, p . 64 .
Notes 293
z1 Id., p . 67 .
22 Lustick, supra note 3, pp . 126-129 . Schwarz, .supra note 6, p . 68 . Akiva Orr, Th e
(lnjewish State : The Polities of Jewish Identity in Israel (1983), p . 17 . Ghilan,
supra note 15, p . 215 .
2 3 Baruch, supra note 19, p . 42 .
2 4 Landau, supra note 9, p . 94 . Michael Saltman, "The Use of the Mandatory Emer-
gency Laws in Israel ," International Journal of the Sociology of Law, vol . ro, p . 385 ,
at p . 392 (19821 .
as Lustick, supra note 3, pp . 192-193 .
26 Baruch, supra note 19, p . 42 .
27 Zureik, supra note 10, p . 173 .
z8 Sabri Jiryis v Haifa District Commissioner, High Court Case No . 253/64, Novem-
ber If, 1964, Piskei Din, vol . 18, part 4, p . 673 ; paraphrased in Jerusalem Post,
November 17, 1964, p. 4. Stendel, supra note 2, p . 142 .
2 9 Saltman, supra note 24, p . 392 .
30 Jiryis V Haifa District Commissioner, supra note 28 . Landau, supra note 9 ,
pp . 228—230 . Saltman, supra note 24, pp . 392—393 . David Kretzmer, The Lega l
Status of the Arabs in Israel (19871, Pp . 3 1— 33 .
3 1 Jiryis, supra note 11, p . 192 .
3 2 Zureik, supra note to, p . 174. Halabi, supra note u, p . 237 .
3 3 Stendel, supra note 2, pp . 143—144 .
3 4 Kretzmer, supra note 30, p . 34 .
3 5 Yaridor v. Central Elections Committee, Piskei Din, vol . 19, part 3, p. 3 6 9 ( 1 965) ;
paraphrased in Jerusalem Post, November 14, 1965, p . 4 . Kretzmer, supra note 30,
P . 34 .
36 Dan Gordon, " Limits on Extremist Political Parties : A Comparison of Israeli Juris -
prudence with that of the United States and West Germany, " Hastings Interna-
tional and Comparative Law Review, vol . 10, p . 347, at p . 35 2 ( 1 9 8 7) .
3 7 Yaridor 'e Central Elections Committee, supra note 35 . Stendel, supra note 2 ,
p . 144 . Landau, supra note 9, pp . 92—r08 . Gordon, supra note 36, pp . 35 0— 353 .
3 8 Yaridor v Central Elections Committee, supra note 35, p . 386 .
3 9 Id., p . 389 .
4 0 Id., pp . 381—382 .
4 1 574 1 Yalkut HaPirsumim (Public Notices), p. 700 ; 5741 Yakut HaPirsumim ,
p . 1 375, both in Kretzmer, supra note 30, p . 131 . U.S . Dept . of State, Country
Reports on Human Rights Practices for 1980 (1981), p . 998 . Saltman, supra not e
2 4, p . 393 . Halabi, supra note r r, p . 257 .
4 2 The Times, June 20, 1984, p . 6 .
4 3 Naiman v. Central Elections Committee, Piskei Din, vol . 39, part 2, p . 233 (19841 ;
reported in New York Times, June 29, 1984, p . A3 . U.S . Dept . of State, Country
Reports on Human Rights Practices for 1984 (1985), p . 1266 . Simha Flapan,
" Integration or Alienation," New Outlook (October—November 1984), p . 33 .
Gordon, supra note 36, pp . 353-364 .
4 4 Naiman v Central Elections Committee, supra note 43, pp . 2 43, 2 75 —2 7 6 (Judg e
Shamgarl, pp . 304, 307 (Judge Barak) .
4 5 Naiman v. Central Elections Committee, supra note 43, p . 288 (Judge E'en), p .


Notes 29 5
294 Note s

324 (Judge Beiski) . p . 1280, April 21, 1957, in Sabri Jiryis, Democratic Freedoms in Israel (5971) ,
p . 13 .
49 Basic Law : The Knesset (Amendment No . 9), Sefer Ha-Hukim (Primary Legisla -
75 Norman Bentwich, "The Legal System of Palestine under the Mandate, " Middle
tion), No . 1155, August 7, 1985, p .1-96 .
East Journal, vol . 2, pp . 33—46 11948) . Salman H . Falah, "Druze Communal Orga -
47 Uri Avnery My Friend, the Enemy (1986), p 34 .
nization in Israel," New Outlook (March—April 1967), pp . 40—44 .
48 Kretzmer, supra note 30, p . 41 .
72 Jiryis, supra note 11, p. 200 .
49 Segev, .supra note 13, p . 65 .
Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, Laws of the State of
50 Meron Benvenisti, West Bank Data Project A Survey of Israel 's Policies (1984) , 73
Israel, vol . 7, p . 139 (1953) . Dayanim (Rabbinical Judges Law, Laws of the State of
P . 44 -
Israel, vol . 9, p . 74 (1955) . Qadis (Shari'a Judges) Law, Laws of the State of Israel,
51 Michael Palumbo, The Palestinian Catastrophe (1987), p . 150 .
vol . 15, p . 123 (1961) .
52 David Gilmour, Dispossessed: The Ordeal of the Palestinians (1982), p . 112 . An n
Elizabeth Mayer, book review of Aharon Layish, Marriage, Divorce and Succes - 74 Druze Religious Courts Law, Laws of the State of Israel, vol . 17, p . 27 (1962) ,
analyzed in Doris Lankin, Biennial Survey of Israel Law 1962—1963 (19641 ,
sion in the Druze Family, in American Journal of Comparative Law, vol . 33 ,
pp . 14—16 . AI-Fajr, December 20, 1985, p . IS . Ben-Dor, supra note 56, p . Ion .
p . III, at p . 114 119859 Osama Halabi, "From a Group to a Nation? " in Al-Jadid
(Jerusalem, in Arabic, June 1987), p p . 3 1— 44 . 75 Lustick, supra note 3, p . 2ro .
Schwarz, supra note 6, pp . 148—149 . 76 Id ., p . 133 .
53
"The Palestinian Working Class," Democratic Palestine (May 1986), p . Io, at 77 Segev, supra note 13, p. 66 .
54
78 Jerusalem Post, September 1, 1970, p . 2 . Stendel, supra note 2, p . 46 . Ben-Dor,
p . 12 . Jiryis, supra note 11, p . 201 .
supra note 56, pp . 101–102 .
55 Al-Fair, December 20, 1985, p . 15 . Rony Gabbay, A Political Study of the Arab-
Lustick, note 3, p . 133 . Schwarz, note 6, p . 148 . Jiryis, note II, p . 200 .
Jewish Conflict The Arab Refugee Problem (A Case Study) (1959), pp . ill—112 . 79
So Sarah Graham-Brown, Education, Repression and Liberation : Palestinians 11984) ,
Nafez Nazzal, The Palestinian Exodus from Galilee 1948 (1978), pp . 32—33 . Benny
p . 42 .
Morris, The Birth of the Palestinian Refugee Problem, 1947—1949 (1987), p . 225 .
81 Al-Fair, December 20, 1 9 8 5, p . 15 .
56 Nathan Weinstock, Zionism : False Messiah (1979), p . 2.39 . Jiryis, supra note II,
82 "Young Druse Charge Discrimination," Jerusalem Post, February 8, 1971, p . 7 .
p . 199 . Gabriel Ben-Dor, The Druzes in Israel : A Political Study ( 1 979(, pp .
Ben-Dor, supra note 56, pp . Ito— Ili . Al-Fair, December 20, 1985, p. 15 . Jiryis ,
129—130 .
supra note 11, p . 201 .
57 Nazzal, supra note 55, pp . 65—66 .
83 " To Serve or Not to Serve : Palestinian Druze Caught in Controversy over Israel i
58 Lustick, supra note 3, p . 133 .
Army Draft," AI-Fair, December 20, 1985, p . 8 . See infra chapter 19 .
59 Jiryis, supra note r I, p . 48 .
84 Fletcher, supra note 68, p . 5 . Sec supra chapter 14 .
6o Ben-Dor, supra note 56, p. 131 . U.S . Dept . of State, Country Reports on Human
85 Yehuda Litani, "New Stage," Jerusalem Post, international edition, week endin g
Rights Practices for 1983 (1984), p . 1289 .
61 U .S . Dept . of State, Country Reports on Human Rights Practices for 1983 (1984), July 4, 1987, P . 7 .
86 Sheikh Amin Tarif (spiritual head of Israeli Druze community), " The Druz e
p . 1289 .
Community, " New Outlook (March—April 1962), pp . 84—85 . Salman Falah, " Th e
62 Ben-Dor, supra note 56, p . 131 .
Druze Community in Israel," New Outlook (June 1962), pp . 30—35, 53 .
63 " To Serve or Not to Serve : Palestinian Druze Caught in Controversy over Israel i
87 Schwarz, supra note 6, p . 156 .
Army Draft," Al-Fair, December zo, 1985, p . 8 .
88 Jiryis, supra note 11, p . 202 .
64 Yossi Amitay, "A Question of Identity : Like an Uprooted Tree," New Outlook
(October—November 1984), p . 12, 91p . 14 .
65 Al-Fajr, December 20, 1985, p . 15 . "Yale Kan, first-year student of physics, inter-
views a Druse conscientious objector, " in Israel Shahak, The Non-few in the Jew- 19 Protecting Privilege : Arabs and Governmental Services
ish State: A Collection of Documents (1975), pp . 118—120 .
See infra chapter 19 . r Israel Shaham, "Public Housing in Israel," in J . S . Fuerst (ed .), Public Housing i n
66
Europe and America (1974), p . 52 .
67 Lustick, supra note 3, pp . 133, 210 . Zureik, supra note ro, p . 138 .
2 David Kretzmer, The Legal Status of the Arabs in Israel (1987), pp . 67—70 .
68 Elaine Ruth Fletcher, `Aim Is Complete Equality for Druse, " Jerusalem Post, inter-
national edition, week ending February 7, 1987, p . 5 . 3 Jacob Dash, "Planning and Development," in Israel Pocket Library, Immigratio n
and Settlement in Israel (1973), p . 117 .
69 Schwarz, supra note 6, p . 65 .
David Tanne, " Housing," in Israel Pocket Library, supra note 3, p . 122, at p . 128 .
70 Stendel, supra note 2, p . 42 . Kovetz Hatakanot (Collected Regulations), no . 695, 4

296 Notes
5 Jewish Agency Proposal for a General Development Program in the Galilee Hills
(Salad, August 1973), in Noam Chomsky, 7bwards a New Cold War : Essays on th e
Current Crisis and How We Got There ( 1 9 82), p . 43 6 .
6 Israel Shaham, "Public Housing in Israel, " in ) . S . Fuerst (ed .), Public Housing in
Europe and America (1974), p . 52, at p . 53 .
7 Kretzmer, supra note 2, p . 113 .
8 Tanne, supra note 4, p . 125 .
January 19, 1986 ,
9 Atallah Mantzur, "Equality and the Fear of Precedent, " Ha ' aretz,
p. 9 .
Abraham Rabinovich, "The Two Nazareths : Too Close for Comfort," Jerusalem
To
Post, international edition, week ending March 5, 1988, p . 12, at p . 13 .
11 Akiva Orr, "Socialism and the Nation-State, " in Fouzi el-Asmar, Uri Davis, an d
Nairn Khader (eds .), Debate on Palestine (1981), p . 40, at p . 41 .
12 Kretzmer, supra note 2, pp . 83-85 . David Shipler, "Israeli Arabs : Scorned, Ashamed
and '20th Class' ," New York Times, December 29, 1983 ; p . 2 .
r3 Knesset Debates (December 2, 1964), vol . 41, p . 486 .
14 Ya'acov Friedler, "Upper Nazareth—A Mixed Town," Jerusalem Post, internationa l
edition, week ending August 16, 1986, p . 20 .
15 Yeuda Goren, "Carmiel," Ma ' ariv, January 20, 1986, in Israel Shahak, Collection :
Between Equality and Apartheid (1986), p . 8 .
16 Ian Lustick, Arabs in the (elvish State: Israel 's Control of a National Minority
(1980), p . 291 . Ray L . Cleveland, Palestine and Israel : The Civil Rights
Configuration (1983), p . 18 . Sharon Bray, " Jaffa' s Arabs," New Outlook iOctober –
November 19841, pp . 47 – 49 . Kretzmer, supra note 1, p . 113 . Aziz Haitiar, Social
Welfare Services for Israel 's Arab Population, p . 52 .
17 Donald Neff, Warriors for Jerusalem (1984), pp . 289, 324 .
18 Muhammad Said Bourkan v . Minister of Finance, Company for the Restoratio n
and Development of the Jewish Quarter in the Old City of Jerusalem, Ltd ., and
Minister of Housing, Supreme Court (sitting as High Court of Justice), June 14 ,
1978, judges Cohn, Shamgar, and Bechor, Piskei Din, vol . 32, part 2, pp . 800–8o8
(1978); criticized in Kretzmer, supra note 2, pp . 12–13 ; and in Allan E . Shapiro ,
" Jewish Quarter Case Revisited," Jerusalem Post, August 9, 1978, p . 8 .
19 Moshe Lichtman, An Arab Kept Separately Is a Good Arab, " Monitin )March
19831, in Israel Shahak, The Official Racism in Operation with Regard to th e
Land in Israel (1983), p . 1, at p . 3 .
20 Michael Adams, " Israel ' s Treatment of the Arabs in the Occupied Areas," Sympo-
sium on Zionism, Baghdad, November 8–12, 1976, pp . 22–23 . Sarah Graham -
Brown, "The Economic Consequences of the Occupation ;" in Naseer Aruri ,
Occupation : Israel Over Palestine (1983), p . 167, at p . 205 .
21 Rafik Halabi, The West Bank Story (1982), p . 42 .
22 Aryeh Rubinstein, "mx Warns of Political Danger ) Calls for Development Law :
More Jews Leave Galilee than Move In," Jerusalem Post, May 23, 1986, p . 3 .
23 Randijo Land, "Changing Its Role, " Jerusalem Post, international edition—Kere n
Kayemeth supplement, week ending January 31, 1987, p . 4 .
24 Regulations, ministry of housing, March 31, 1985, in Henry Rosenfeld, The Con-
dition and Status of the Arabs in Israel (1985), p . 53 .
Notes 29 7
z5 Prime Minister, Israel Government Year Book 5729 (1968/69 ; (1969), p . 250 . Id . ,
(1 971– 74 ( 1 97 2 ), p . 222 .
26 Jerusalem Post, November 21, 1962, p . 2 .
27 Sarah Graham-Brown, Education, Repression and Liberation : Palestinians (1984) ,
p . 39 . Kretzmer, supra note 2, p . 95 . David Shipler, Arab and Jew: Wounded Spir-
its in a Promised Land (1986), p . 442 .
28 Sabra Chartrand, "Israeli Draft : Sore Subject for Strict Orthodox," New York Times ,
October 29, 1988, p . A4 .
2 9 Brochure, ministry of housing, May 1983, in Kretzmer, .supra note 2, pp . 95–96 .
3 0 Kretzmer, supra note 2, p . 95 .
See supra chapter 14 .
31
3 2 Lichtman, supra note 19, p . 110 .
3 3 Haidar, supra note r6, p . 157 .
3 4 Palestine Perspectives (November–December 1986), p . 12 .
3 5 Hubert Law-Yone, Technion, Haifa, in Jerusalem Post, international edition, wee k
ending November r, 1986, p . 6 .
3 6 Ko1 Ha 'ir, February 15, 1985, in Palestine/Israel Bulletin !February 1986), pp . 5–6 .
3 7 Kretzmer, supra note 2, pp . 45–46 .
3 8 Dayanim Law, Laws of the State of Israel, vol . 9, p . 74 (1955) (dayan is a rabbinica l
court judge) . Chief Rabbinate of Israel Law, Laws of the State of Israel, vol . 34 ,
p . 97 (1980) . Izhak Englard, " Law and Religion in Israel," American Journal o f
Comparative Law, vol . 35, p . 185, at p . 187 (1987) .
3 9 Dina Goren, "Rumblings from the Temple Mount," New Outlook (January –
February 1986), p . 7 .
4 0 Shipler, supra note 27, p . 275 .
4 1 Lotte Salzberger and Dan Schnitt, " Social Welfare Legislation in Israel," Israel
Law Review, vol . 8, pp . 550 – 579 ( 1 9731-
4 2 U.S . Dept . of State, Country Reports on Human Rights Practices for 1983 (1984) ,
p . 1289 .
4 3 National Insurance Law [Consolidated Version), arts . 104–105, Laws of the State
of Israel, vol . 22, p . 114 (19681, as amended . National Insurance Law (Consoli-
dated Version) 5728—1968in English 7ianslation Incorporating All Amendments ,
Up to and Including Amendment No . 60 (19861 .
44 Law.s of the State of Israel, vol . 3, p . 10 (1949) .
45 Discharged Soldiers (Reinstatement in Employment) (Amendment No . 4) Law,
art . 1, Laws of the State of Israel, vol . 24, p . 126 (197(31 . Kretzmer, supra note 2 ,
p . 86 .
46 Knesset Debates, vol . 58, pp . 2493–2494 (July 14, 1970) .
47 Kretzmer, supra note 2, p . 87 . New York Times, December 29, 1983, p . A2 . Sabri
Jiryis, " Israeli Law and the ON Universal Declaration of Human Rights," in Han s
Koehler (ed.), The Legal Aspects of the Palestine Problem with Special Regard to
the Question of Jerusalem (1981), pp . 258–259 .
Rosenfeld, supra note 24, p . 53 . Graham-Brown, supra note 27, p. 39 .
48
49 Regulations on Grants for Soldiers and Their Families, art . 1, 1970, in Kretzmer,
supra note 2, p . 86 .
50 Kretzmer, supra note 2, pp . 9 8– 99 .


298 Notes Notes 299

20 Some Are More Equal : Ethnic Distinctions in the

5I Id., pp . 88-89 . Law of Israel
52 Council for Higher Education (Recognition of Institutions) Rules (1964), Rule 9 ,
in Kretzmer, supra note 2, p . 163 . t David Kretzmer, The Legal Status of the Arabs
in Israel (1987), p . 117 .
: A Study in Internal Colonialism (1979' ),
53 Elia Zureik, The Palestinians in Israel 2 Amnesty International, Town Arrest Orders in Israel and the Occupied
. Adnan Abed Elrazik, Riyad Amin, Uri Davis, "The Destiny of Arab Stu - ries, October 2, 1984 .
Territo-
p . 15s
dents in Institutions of Higher Education in Israel : An Outline towards a Discus- 3 Kretzmer, supra note 1, p . 116 .
sion of the Prospects for an Arabic University in Galilee, " in Hasan Amun et al . 4 Emergency Powers (Detention) Law, art . 12, Laws of the State of Israel,
T1vo Case Studies (1977), p . 91, at p . 103 . vol . 33 ,
(eds .), Palestinian Arabs in Israel : P . 8 9 ( 1 979) .
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54 Rosenfeld, supra note 24, pp . 53 — 54 . 37, part 1, p . 789 . Kretzmer, supra note 1, p . 132 . Described in Nat Hentoff
Weekly, July 2o, 1986 , ,
55 "Arab Students in Israeli Universities," AI-Awdeh English " Makhoul v. District Commissioner of Jerusalem," Village Voice,
March 13, 1984,
p. 1r . p. 6 .
56 Kretzmer, supra note 2, p . 96 . 6 Order by minister of the interior to Canon Riah Abu al-Assal, rector of Chris t
. 97 .
57 Katzav Commission Guidelines, art . 2(e)(1), in Kretzmer, supra note 2, p Evangelical Anglican Church, Nazareth, August 1, 1986 (supplied by Fr . Abu
58 Kretzmer, supra note 2, p . 97 . al-Assal to Palestine Human Rights Campaign, Chicago) .
1987, p . A3 .
59 New York Times, May as, , 7 Prevention of Terrorism Ordinance (Amendment) Law, arts. 1, 8, Laws of the Stat e
6o " ' Racist' Tuition Ruling Sparks Uproar, " Jerusalem Post, international edition of Israel, vol . i4, p . 211 (1980) .
week ending May 30, 1987, p . I . 8 David Kretzmer, " National Security and Draconian Law," Jerusalem Post, July
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61 State Education Law, arts . 2, 4, Laws of the State of 1988, p . 10.
62 Englard, supra note 38, p . 2ol . 9 U.S . Dept. of State, Country Reports on Human Rights
State of Israel, vol . Practices for 1981 (19821,
63 Jewish Religious Services Budgets Law, arts . 1—2, Laws of the P . 996 .
3, p . 66 (1949) . Jewish Religious Services (consolidated version) Law, Laws of th e to U.S. Dept . of State, Country Reports on Human Rights
Practices for 1982 (19831 ,
State of Israel, vol . 25, p . 125 (19711 . p . 1159 .
64 Kretzmer, supra note 2, pp . 81-82 . 1 r Jerusalem Post, international edition, week ending February 14, 1987, p
. 3.
. 117 .
65 Claude Klein, Le caractere iuif de Pettit d'Israel (1977), p 12 Id ., week ending February 7, 1987, p . 13 .
. Klein, supra note 65, p . 117 .
66 Kretzmer, supra note 2, p. 107 13 Nationality (Amendment No . 4 ,1 Law, art . to, Laws of the State of Israel,
vol . 34,
Israel law, art . 2(2), Laws of the State of Israel, vol . 34, p . 9 7
67 Chief Rabbinate of p . 2 54 ) 1 980), inserting the quoted language in the original law as a new sec . r 1(b) .
14 AMUTOT Law, Laws of the ,State of Israel, vol. 34, p .
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68 Kretzmer, supra note 2, p . 30 . 15 Un Davis, Israel : An Apartheid State (19871, pp . 69—7r .
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69 Central Office of Information, Ministry of Education and Culture, Israel Govern 16 Prevention of Terrorism (Amendment No . 21 Act, August 6, 1986, amending art
. .
ment Year Book 5732 (197 1— 7 2 ) (197 2 ), pp . 220—224 4, Sefer Ha-Hukim (Primary Legislation), No
. 1191, August 13, 1986, p . 219 . Th e
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70 Israel . 27 . Al-Fair ,
." Jerusalem Post ,
71 Charles Hoffman, "You Don ' t Have to Be Jewish to Get Rights August 14, 1986, p . 1 . Asher Wallfish, "The Knesset's Big Double Fiasco,"
. 8 . Jerusa-
international edition, week ending September 12, 1987, p lem Post, international edition, week ending August 16, 1986, p
Israel, vol . . 6.
72 Specified Goods Tax and Luxury Tax Law, art . 26, Laws of the State of 17 Amnon Zichroni, "A Totalitarian Society?" Israel and Palestine Report (Decem-
6, p . 15o (1952) . ber 1986), p . 13 .
. 36, in Kretzmer ,
73 Kovetz Hatakanot (Collected Regulations, in Hebrew, 1975), p 18 "4 Guilty of Contact with PLO Abroad," Jerusalem
Post, international edition ,
supra note 2, p . 59 . week ending lune 11, 1988, p . 6 . " Four Get 6-Month Terms for Meetings with
74 Purchase Tax Order (Exemption) 1975, Definition 15 (returning resident), Defini - PLO,"
Jerusalem Post, international edition, week ending July 9, 1988, p
. 1 . " Prosecutio n
tion 20 (returning national), Collected Regulations, supra note 7 3 . of Hassan Jabareen," Jerusalem, no . 29—30, p . 13 (August—September 1987) .
75 Kretzmer, supra note 2, p . 59 . 19 Hillel Schenker, " The Anti-Peace Amendment," New
- Outlook (March 1987) ,
76 Purchase Tax Order (Exemption) 1975, art . 7 (duties assessed on a returning resi P. 7.
supra
dent), art . 7A (duties assessed on a returning citizen), Collected Regulations, 20 Eliahu S . Likhovski, Israel 's Parliament: The Law
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note 73 . Kretzmer, supra note t, pp . 5-7 . Izhak Englard, "
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300 Notes
21 Likhovski, supra note 2o, pp . 74, 78—79 . Kretzmer, supra note 1, p. 12 .
22 David Kretzmer, "A Bill of Rights That Spells Fewer Rights," Jerusalem Post, inter-
national edition, week ending January 2, 1988, p . r 1 .
2 3 Basic Law : Judicature, art . 15, Laws of the State of Israel, vol . 38, p . tot 11984) .
24 Avishai Ehrlich, "'Bagatzi m ' : Petitions to the High Court—A Statistical Portrait, '
Israeli Democracy (May 1987), pp . 33 — 35 .
25 Judges Law, Laws of the State of Israel, vol . 7, p . 124 (1953) . Henry Baker, Th e
Legal System of Israel (1968), pp . 204—207 . Sabri Jiryis, Democratic Freedoms i n
Israel (1972), pp . 20—25 .
26 "Press Can Criticize Mossad, Court Rules ;" Jerusalem Post, international edi-
tion, week ending January 12, 1 9 8 9, p . 5 .
27 Kretzmer, supra note 1, pp . 123, 134 . Sabri Jiryis, The Arabs in Israel (1976) ,
PP .20 —2 3,33 .
28 Emergency Powers (Detention) Law, arts . 6, 9, Laws of the State of Israel, vol . 33 ,
P- 89 ( 1 979 ) .
29 Rafik Halahi, The West Bank Story (1982), pp . 235—236 .
30 Maxim Ghilan, How Israel Lost Its Soul (1974), p . 165 . Shawky Zeidan, "A Human
Rights Settlement : The West Bank and Gaza," in George W Sheperd and Ved P
Nanda, Human Rights and Third World Development (19851, p . 170 . Sydney D .
Bailey, The Making of Resolution 242 (1985), p . 189 .
31 Bernard Avishai, " Israel—the Forty Years ' Crisis," Nation, p . 568, at p . 572, Apri l
23, 1988 .
32 American Law Institute, Restatement of the Law : Foreign Relations Law of th e
United States (Revised), sec . 702 (1987( . Max Planck Institute, 'Apartheid," Ency-
clopedia of Public International Law, vol . 8, p . 37, at p . 39 (1985) . South-Wes t
Africa cases (Ethiopia v. South Africa ; Liberia v. South Africa), second phase,
International Court of Justice, Reports of Judgments, Advisory Opinions an d
Orders (1966), p . 293 (Judge Tanaka, dissent) .
33 tIN Charter, arts . 1, 55, Legal Consequences for States of the Continued Presenc e
of South Africa in Namibia (South-West Africa) Notwithstanding Security Coun-
cil Resolution 276 (1970), International Court of Justice, Reports of judgments ,
Advisory Opinions and Orders (1971), p . 57, para . 131 .
34 International Convention on the Elimination of All Forms of Racial Discrimina-
tion, art . 1, General Assembly Official Records, loth sess ., Supplement No . 14 .
UN Doc . A/6o14 (1966), United Nations Treaty Series, vol. 66o, p . 195 (1969) ,
reprinted in International Legal Materials, vol . 5, p . 352 {1966) .
35 Yehuda Savir, "The Definition of a Jew under Israel ' s Law of Return," Southwest -
ern Law journal, vol . 17, p . 123, at pp . 124—125 (1963) .
36 G . A . Res . 181 . sec . io(d(, November 29, 1947 .
37 W Thomas Mallison and Sally V. Mallison, "An International Law Analysis of th e
Major United Nations Resolutions Concerning the Palestine Question ," pp . 18—21 ,
UN Doc . ST/SG/SER.F/4 (1979) . Mumtaz Soysal, " Israeli Law and the Genera l
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PP . 4 1 -4 2 .
Notes 30 1
38 G . A . Res . 3379, November io, 1975 .
39 Tom Franck, Nation Against Nation : What Happened to the UN. Dream an d
What the U .S . Can Do About It 11985), p . 210 .
4 0 Conference of Ministers for Foreign Affairs of Non-Aligned Countries, Lima ,
August 25—30, 1975, Doc . A/io2r7 and Corr. 1, annex, p . 3, in G . A . Res. 3379,
November io, 1975 .
4 1 Assembly of Heads of State and Government, Organization of African Unity ; Res .
77 (XII), Doc . A/10297, annex II, in G . A. Res . 3379, November To, 1975 .
4 2 International Legal Materials . vol . 21, p . 58 (1982) .
4 3 Jerusalem Post, November 8, 1961, p . 2 .
4 4 Brice Harris, "The South Africanization of Israel," Arab Studies Quarterly, vol . 6 ,
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Palestine ;19811 p . 126, at p . 127 .
4 5 Myres S . McDougal, Harold D . Laswell, and Lung-chu Chen, Human Rights an d
World Public Order: The Basic Policies of an International Law . of Human Dignity
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4 6 International Convention on the Suppression and Punishment of the Crime o f
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19 Ilan Halevi, Question Jmve : la Tribu, la Loi. 1'Espace (198r), pp . 2 53 –2 54 .
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28 Id .
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9 Alec Kirkbride, From the Wings: Amman Memoirs 1947-r95r (1976), p. Io6 .
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10 S . C . Res . 89, November 17, 1950 . S . C . Res . 92, May 8, 1951 . S . C. Res . 93, May
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11 S . C . Res. 95, September 1, 1951 .
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East ( 1 984), pp. 164-170. 75 Ovendale, supra note 24, p . 178 .

51 S . C . Res. 171, art . 3, April 9, 1962 . 76 Pravda, May 24, 1967, p . 1 .

52 Rubenberg, supra note 13, p. 101 .
53 S . C . Res . 228, November 25, 1966 . Vote : 14—0—1 . William V O'Brien, " Interna-
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55 Izzat Tannous, Palestine Liberation Organization, General Assembly Official Rec-
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56 Cobban, supra note 54, pp . 23—24 .
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57
58 Id ., pp . 279 —280 .
59 Israel-Syria, General Armistice Agreement, art . 5, United Nations Treaty Series ,
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6o S . C . Res . 93, May 18, 1951 .
6r New York Times, April 8, 1967, p . A1 . Le Monde, tune 7, 1967, p . 3 .
62 Keesing 's Contemporary Archives, vol . 16, pp . 22063—22068 (1967) . Henry Cattan ,
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63 Ovendale, supra note 24, p . 178 . Charles Yost, "How the Arab-Israeli War Began,"
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64 Yost, supra note 63, p . 307 . New York Times, May 13, 1967, p . At .
65 Yost, supra note 63, p . 307 . Weekly News Bulletin (government of Israel), May
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66 Letter of Representative of Syria to President of Security Council, May 1s, 1967 ,
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67 New York Times, May 17, 1967, p . AS .
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72 Report of the Secretary-General on the Situation in the Near East, May 19, 1967 ,
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88 Ovendale, supra note 24, p . 178 .
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22 Mortal Danger? The 1967 Israel-Arab Wa r
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306 Notes Notes 30 7

ro Neff, supra note 6, p . 93 . 33 Security Council Official Records, 22d year, 1347th mtg., pp . i-2, para . 6, June 5 ,
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poetry Problems, vol . 33, p . 5, at p . 8 (1968) . Hisham Sharabi, " Prelude to War : th e 36 Security Council Official Records, 22d year, 1348th mtg ., p s, June 6, 1967, U N
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15 Asher Wallfish, " Meir Reveals Text of War Decision," Jerusalem Post, June 5 , 40 The Times, July 8, 1967, p . 3 . New York Times, July 8, 1967, p . A4 .
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17 Pierre-Marie Martin, Le Con/lit Israelo-Arabe : Recherches sur 1'Emploi de la Forc e 43 Akehurst, supra note 9, p . 241 .
en Droit International Public Positif 1 1 973), pp . 1 53 —1 54 . Tom J . Farer, " Law and 44 Edward Miller, " Self-Defence, International Law and the Six Day War," Israel Law
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25 Neff, supra note 6, pp . 223-224 . 47 Id .
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27 Id ., p . 328 . Neff, supra note 6, p . 203 . 49 Id .
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29 Id . 51 Id .
30 Neff, supra note 6, p . 205 . 52 " Excerpts from Begin Speech at National Defense College," New York Times,
31 Yearbook of the United Nations 1967 (1969), p. 178 . August 21, 1982, p . A6 .
32 Bailey, supra note 16, pp . 84—85 . 53 Akehurst, supra note 9, p . 241 .
308 Notes
54 fohn L. Hargrove, "Ahatlng the Middle East Crisls Through the United Natlons
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57 U.S, secretary of state, Daniel Webster, 184z, in Moore, Digest of International
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58 Martin, supra note 17, p. 163.
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60 Definition of aggression, G. A. Res. 3314, art, 3, para (c!, December 14, 1974.
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68 Letter from the permanent representative of Israel to secretary-general, lanuary
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I "Palestlnian Emigration and Israel1 Land Expropriation in the Occupled Terntor-
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Sydnty D. Ballex The Making of Resolution 242 11yXj),p, 172. Janet Ahu-Lughod,
"The Continuing Expulsions from Palestine: I 948-1985," In Palestine. Contmu-
ing Ilispossession (1~861, p. 17, at pp. 20, 3 2 . New York Times, lune 12, 1967, p.
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2 Jacques Lefort, "Israt'l et les Palestinicns: I'Occupation." Le Monde. August 19,
1967, p. 2. Peter Dodd and Halim Barakat. River bv~thourBridges. A Study of the
Exodus of the 1967 I'olestinian Arab Refugees (19691,p. l o .
j William Wilson Harris, Tak~ngRoot: Israel1 Settlement in the West Bank, the
Golan a n d Gaza-Sina~.1967-1980 j198o!, p. 21. Noam Chomsky, The Fateful
Triangle: The U n ~ t e dStates, Israel and the Palestinians (1gBi1, p. 97.
4 "Palest~nianEmigration," supra note I , p. 106. Chomsky supra note 3, p. 97.
5 Donald Neii, Warriors for /erusalem: The Six Day,?that Changed the ,'diddle East
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6 Dodd and Barakat, supra notc 2, p. 40. Fred I. Khouri, The Arab-Israel1 ~ l l e r n m a

310 Notes
(1976), p . 150 . New York Times, lune 12, 1967, p . A19 .
Dodd and Barakat, supra note 2, p . 46 .
7
8 Neff, supra note 5, p . 228 .
Dodd and Barakat, supra note a, pp . 41—42 . Arthur C . Forrest, The Unholy Lan d
9
( 1 97 2 ), pp . 16-17 .
10 Neff, supra note 5, p . 292 . John P. Richardson, The West Bank : A Portrait (1984) ,
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Arab-Israeli Conflict and International Law, " New Zealand Universities La w
Review, vol . 5, p . 231, at p . 24 2 ( 1 973) .
11 Amos Kenan, " Report on the Razing of Villages and the Expulsion of Refugees, "
June 1967, in Amos Kenan, Israel : A Wasted Victory (1970), pp . 1S-21, repro-
duced in Fouzi El-Asmar, 7b Be an Arab in Israel (1978), pp . 140-142 . Cussing ,
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12 Neff, supra note 5, pp . 290—292 . Dodd and Barakat, supra note 2, p 47 .
13 Harris, supra note 3, p . 22 . Dodd and Barakat, supra note 2, p . 40 .
14 Dodd and Barakat, supra note 2, p . 40 .
r 5 New York Times, tune 12, 1967, p . A19 . Neff, supra note 5, p . 293 .
16 Cussing, supra note ro, p . 13 .
17 Dodd and Barakat, supra note 2, p . 46 .
r8 Khouri, supra note 6, p . 15o . Dodd and Barakat, supra note 2, p . 47 . Gussing,
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19 Report by the Secretary-General to the Security Council in pursuance of opera -
tive paragraph 3 of the Council 's resolution 237 (1967), Annex I, Security Counci l
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20 Bailey, supra note 1, p . 129 .
21 Jerusalem Post, June 13, 1967, p . 2 . New York Times, June 13, 1967, p . Ai .
22 Misha Louvish, "The Spectre of the Green Line," Jerusalem Post, internationa l
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23 General Assembly Official Records, 22d sess ., 5th emerg . spec . sess ., UN Doc .
A/PV.1526, p . 15, Para 165 (1967) .
24 New York Times, June 11, 1967, p . Ai .
25 Neff, .supra note 5, p . 299 .
26 Cheryl Rubenberg, Israel and the American National Interest (1986), pp. 104 .
122, 131 .
27 Ezer Weizman, " Without Complications : A Formula to Minimize the Chance s
for a New War, " Ha ' aretz, March 29, 1972, p . 9 .
2 8 Abba Eban, An Autobiography (1977), p . 381 .
2 9 Washington Post, June 5, 1967, p . Alo .
3 0 Eban, supra note 28, p . 400 .
3 1 Le Monde, June 3, 1972, p . 4 .
3 2 Bailey, supra note 1, p . 173 .
33 Joel Greenberg, " Shamir : Our Rule as Long as Jordan' s," Jerusalem Post, interna -
tional edition, week ending June 14, 1986, p . 3 .
Notes 31 1
34 Benjamin Shalit and Others v Minister of the Interior and Another (dissent) ,
H .C . 58/68, Supreme Court sitting as High Court of Justice, January 23, 1970, i n
Asher Felix Landau (ed .), Selected Judgments of the Supreme Court of Israel : Spe-
cial Volume(1971), p. 35, at p . 55 .
3 5 New York Times, September 27, 1967, pp . At, Ar 5 . Neff, supra note 5, p . 3 2 3 .
3 6 Statement of the Zionist Executive, in Reports submitted to the Twenty-Seventh
Zionist Congress in Jerusalem for the period April . 1964-December. 1967 (Jun e
19681, p . 53, in Abdeen M . Jahara, "On Behalf of the Committee to Challenge th e
Abuse of the Charitable Contribution Exemption and Deduction," in Genera l
Tax Reform : Public Hearings before the Committee on Ways and Means, Hous e
of Representatives, Ninety-Third Congress, First Session (1973), p . 1758, at p . 1773 .
37 Bailey, supra note t, p . 156 . Ritchie Ovendale, The Origins of the Arab-Israeli
Wars ( 1 9841, p . 185 . John L . Hargrove, "Abating the Middle East Crisis Throug h
the United Nations (And Vice Versa)," University of Kansas Law Review, vol 19 ,
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38 S . C. Res. 242, November 22, 1967 . Henry Cattan, "The Arab-Israeli Conflict an d
the Principles of Justice," Revue Egyptienne de droit international, vol . 28, p . 44 ,
at pp. 5 0— 55 1 1 9721 .
3 9 Bailey, supra note 1, pp . 112—113 . Neff, supra note 5, p . 34 5
4 0 Bailey, supra note 1, p . 153 .
4 1 Conditions of Admission of a State to Membership in the United Nations (Arti-
cle 4 of the Charter), International Court of Justice, Reports of Judgments, Advi-
sory Opinions and Orders ( 1 94 8 1, p . 65 .
4 2 F.Yahia, The Palestine Question and International Law (19701, p . 189 .
4 3 Bailey, supra note 1, p . 152 .
44 Resolution on the Palestinian Question, para . 9, Council of Ministers of the Orga-
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July 2r—26, 1986, Doc . CM/Res .1o61 ()GN1, in United Nations, Division for
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4 5 Konstantin Obradovic, The Palestinian Question from the Standpoint of Huma n
Rights—A Review of Existing Problems, UN Seminar on Violation of Huma n
Rights in the Palestinian and Other Arab Territories Occupied by Israel, 2 9
November—3 December 1982, UN Doc . HR/GENEVA/1982/BP..3, p. 26 .
4 6 UN Charter, art . 36 .
4 7 UN Charter, arts . 41—42 . Bailey, supra note r, p . 151 . Pierre-Marie Martin, L e
Conflit Israelo-Arabe: Recherches sur 1 'Emploi de la Force en Droit International
Public Positif ( 1 973), pp . 2 3 2—2 33 .
4 8 S . C . Res . 476, June 30, 1980 .
4 9 G. A . Res . 37/123(F) December an, 1982 .
5 0 UN Commission on Human Rights, Res . 1987/2, "Question of the Violation o f
Human Rights in the Occupied Arab Territories, Including Palestine," art . r, 27t h
mtg ., February 19, 1987, Economic and Social Council Official Records, 43d sess .,
Supplement No . 5, UN Doc . E/1987/I8, Chapter 2, sec . A (1987) .
5 1 Law and Administration Ordinance (Amendment No . II ) Law, Laws of the State
of Israel, vol . at, p . 75 ( 1 9 67) .

312 Notes
Kovetz Hatakanot (Collected Regulations), no . 2065, June 28, 1967, pp . 2690–2691 ,
52
in Sabri Jiryis, "Israeli Laws as Regards Jerusalem, " in Hans KOchler (ed .), Th e
Legal Aspects of the Palestine Problem with Special Regard to the Question o f
Jerusalem (1981), p . 181, at p . 182 . David Kimche and Dan Bawly The Sandstorm :
The Arab-Israeli War of June 1967 : Prelude and Aftermath 11968) . p . 215 .
) 3 Minister of the Interior, "Proclamation of Enlargement of the Municipal Area o f
Jerusalem," Kovetz Hatakanot (Collected Regulations), no . 2065, June 28, 1967 ,
pp . 2694–2695, in Jiryis, supra note 52, p. 183 .
New York Times, July 10, 1967, p . A,6 .
54
S . C . Res . 252, May 21, 1968 . S . C . Res . 267, July 3, 1969 . C . A . Res . 22 53, Jul y 4 ,
55
1967 . Vote : 110–0–2 .
56 Bailey, supra note 1, pp . 115–116 . John Dugard, Recognition and the Unite d
Nations (1987), pp . 111–1t5 . Antonio Cassese, "Legal Considerations on th e
International Status of Jerusalem," Palestine Yearbook of International Law, vol .
3, p . 13, at pp . 28–32 (19861 .
Basic Law : Jerusalem, Capital of Israel, Laws of the State of Israel, vol . 34, p . 20 9
57
(1980) .
58 S . C . Res . 478, art . 2, August 20, 1980 . G . A . Res . 35/169, December 15, 1980 .
Martin, supra note 47, pp . 261–265 .
59
6o See supra chapter Ir .
61 J . R . Gainsborough, The Arab-Israeli Conflict: A Politico-Legal Analysis (1986) ,
PP- 149, 158 .
62 Quincy Wright, "The Palestine Conflict in International Law ;" in M . Khadduri ,
Maior Middle East Problems in International Law (1972), p . 13, at p . 27 . Quincy
Wright, "The Middle East Problem, " American Journal of International Law,
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63 Dugard, supra note 56, p . 113 . A . L . W. Munkman, review of Jerusalem and th e
Holy Places, by Elihu Lauterpacht, British Year Book of International Law, vol .
43, p . 306, at p . 310 (1968–69) .
64 John Norton Moore, "The Arab-Israeli Conflict and the Obligation to Pursu e
Peaceful Settlement of International Disputes ," University of Kansas Law Review,
vol . 1 9, p . 403, at p . 425 (1971) .
65 Hargrove, supra note 37, p . 367 .
66 Akehurst, supra note to, p . 242 .
67 Yehuda Blum, " The Missing Reversioner : Reflections on the Status of Judea an d
Samaria," Israel Law Review, vol . 3, p . 279, at p . 294 (1968) . Stephen Schwebel ,
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68 Cassese, supra note 56, p . 24 .
24 More Land : Confiscation and Settlement s
1 Meron Benvenisti, The West Bank Data Project: A Survey of Israel 's Policies (1984) ,
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2 7}eatment of Palestinians in Israeli-Occupied West Bank and Gaza : Report of
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3 Walter Lehn, The Jewish National Fund (19881 p . 165 .
4 Geoffrey Aronson, Creating Facts : Israel, Palestinians and the West Bank (1987),
p . 191 . Meron Benvenisti, West Bank Data Base Project 1986 Report : Demo -
graphic, Economic, Legal, Social and Political Developments in the West Ban k
(19861, p . 35 .
5 Benvenisti, supra note 4, p . 26 . Walter Lehn, The Jewish National Fund (19881 ,
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6 Benvenisti, supra note 1, p . 64 .
7 Emergency Regulations Law, Laws of the State of Israel, vol. 32, p . 58 (1977) .
8 Benvenisti, supra note 1, pp . 19–28 .
9 Misha Louvish, "The Spectre of the Green Line," Jerusalem Post, internationa l
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10
Lehn, supra note 3, p . 148 .
11 Benvenisti, supra note 1, p . 27 .
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18 Amira et al . v Minister of Defence et al ., High Court of Justice 258/79, Piskei
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19 Mustafa Dweikat et al . v. Government of Israel et al . (Elon Moreh Case), Hig h
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20 David Hirst, The Gun and the Olive Branch : The Roots of Violence in the Middl e
East ( 1 9 8 4), P . 37 1 .

314 Notes
21 Washington Post, April 26, 1982, p . AI .
22 Hirst, supra note 20, p . 453 .
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25 Yehoshafat Harkabi, The Arab-Israeli Conflict : Future Perspective (1985), p . 3 .
26 United Nations Treaty Series, vol . 75, p . 287 (1950) .
27 UN Commission on Human Rights, Res . 1987/2, "Question of the Violation o f
Human Rights in the Occupied Arab Territories, Including Palestine," art . 8(e) ,
Economic and Social Council Official Records, 43d sess ., UN Doc . E/1987/18 ,
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28 Ambassador Netanel Lorch, Ministry for Foreign Affairs, Statement at Sympo-
sium on Human Rights, Faculty of Law, Tel Aviv University, July 1—4, 1971, i n
Israel Yearbook on Human Rights, vol. 1, p . 366 (1971) . Yehuda Z. Blum, " Th e
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29 Military Prosecutor v. Halil Muhamad Mahmud Halil Bakhis et al ., Israel, Mili-
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30 Department of State Bulletin, vol . 61, p . 76 (1969) . U.S. Dept . of State, Countr y
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31 Convention Respecting the Laws and Customs of War on Land, October 18, 1907 ,
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32 Esther Cohen, Human Rights in the Israeli-Occupied Territories 1967—198 2
( 1 9 8 51, P . 43 .
33 Shehadeh, supra note 2, p . 22 .
34 Israel-Egypt, Framework for Peace in the Middle East, September 17, 1978, i n
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35 William B . Quandt, " Camp David and Peacemaking in the Middle East," Politic .:,`
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36 New York Times, May 1, 1980, pp . A3, A31 . Cheryl Rubenberg, Israel and th e
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37 G . A . Res . 34/65(B), para . 2, November 29, 1979 .
38 Miguel A. d ' Estefano Pisani, " Connivencia de Estados Unidos con el sionismo e n
los organos principales de las Naciones Unidas, " Revista de Africa y Medi o
Oriente, vol . 2, no . I, p . 5s, at p . 66 11985) . Uri Davis, "Israel's Zionist Society :
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39 Israel Shahak, " The Continuing Aims of Zionist Policies in the Middle East,"
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40 Richard Locke and Antony Stewart, Bantustan Gaza ( 1 9 8 5), p . 17 .
41 New York Times, March 27, 1981, p . A13 .
42 S . C . Res . 484, December 19, 1980 . U.S . Dept . of State, Country Reports on Human
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44 Henry Kamm, "Most Arabs Boycott Jerusalem Election," New York Times, Janu-
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46 Aronson, supra note 4, p . 295 .
47 Id., PP . 24 8—2 53 .
48 U.S . Dept. of State, Country Reports on Human Rights Practices for 1981 (19831 ,
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49 Id., p . 1175 .
50 Meron Benvenisti, 1987 Report: Demographic, Economic, Legal, Social and Politi-
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51 Benvenisti, supra note 5o, p . 37 .
52 Id., pp . 3 8— 39 .
53 Emergency Regulations (Judea and Samaria, Gaza Region, Sinai and Souther n
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5 5 Shehadeh, supra note 2, pp . 93-94 . Eli Nathan, "Israeli Civil Jurisdiction in th e
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PP- 1 5 0 - 1 59( 1 97 8 1 .

316 Notes
57 Shehadeh, .supra note z, p . 94 . Israel Shahak, "A Summary of the System of Lega l
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58 Shipler, supra note 45, p . 129 .
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61 Arie Pach, "Human Rights in West Bank Military Courts," Israel Yearbook o n
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62 Israel National Section, International Commission of Jurists, The Rule of Law i n
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63 Officer in Charge of the Judiciary, West Bank, Circular 49/1350, December 6 ,
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64 Aronson, .supra note 4, pp . 103–107, 206–211, 286–290 .
65 Ministry of justice, Investigation of Suspicions Against Israelis in fudea an d
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66 Shahak, supra note 57, p . 9 .
67 International Convention on the Suppression and Punishment of the Crime o f
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25 More Hewers of Wood : Commerce, Agriculture ,
and labor
Sara Roy, The Gaza Strip : A Demographic, Economic, Social and Legal Surve y
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19 .
2 U.S . Dept . of State, Country Reports on Human Rights Practices for 1983 (1984) ,
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3 Entrance to Israel Order (Exemption from Certain Provisions for Inhabitants o f
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4 Meron Benvenisti, West Bank Data Base Project : 1987 Report Demographic, Eco -
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5 Semyonov, supra note 4, pp . 12, 87–88 .
6 Roy, supra note 1, p . 35 . Semyonov supra note 4, p . 81 .
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8 Roy, supra note r, p . 35 .
9 General Exit Permit, No . 5, sec. T, July 1972, Collection of Proclamations an d
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10 Semyonov and Lewin-Epstein, supra note 4, p . 14 .
11 National Insurance Law !Consolidated Version), art . 31, Laws of the State of Israel,
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12 National Insurance Law, supra note r r, arts . 127AAA, 127BBB . Werner, supra
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13 National Insurance Law, supra note n, art . 92(a1(21 . Werner, supra note t1 ,
pp . 12–13 .
14 International Center for Peace in the Middle East, Research on Human Rights in
the Occupied Territories 1979–1983 (1985), p . 96 .
15 National Insurance Law, supra note 11, art . 127A . Werner, supra note 11, pp . 22–23 .
16 National Insurance Law, supra note n, art . 9oB . Werner, supra note 11, pp . 16-17 .
17 National Insurance Law, supra note r1, art . 127EEEE . Werner, supra note 11 ,
pp . 6– 7 .
18 National Insurance Law, supra note 11 , arc I27 V Werner, supra note r s, pp . 8–9 .
19 National Insurance Law, supra note 1 t, arts . 7, 21 . Werner, supra note 11, pp . 4 – 5 .
20 Werner, supra note 11, pp . 10–11 .
21 International Center, supra note 14, p . 89 .
22 National Insurance Law, .supra note n, art. 7 . International Center, -supra note T4 ,
pp . 90-91 . Ben-Israel, supra note 3, p . 150 .
23 International Center, supra note 14, p . 90 .
24 Id ., p . 92 .
25 Director-General, International Labor Organization ,. Geneva, Report on the Situ-
ation of Workers of the Occupied Arab Territories, April 15, 1983 . Schwartz, supra
note 7, p . 2 .

318 Notes
26 Salim Tamari, "The Palestinians in the West Bank and Gaza : The Sociology o f
Dependency" in Khalil Nakhleh and Ella Zureik (eds .), The Sociology of th e
Palestinians (1980), p . 8 4, at p . 9 1 .
27 Shwartz, supra note 7, p . 4 .
z8 E . Rekhess, " The Employment in Israel of Arab Laborers from the Administere d
Areas," Israel Yearbook on Hunan Rights, vol . 5, p . 389, atp . 407 (19758 Interna-
tional Labor Organization, supra note 9, p . 18 .
2 9 International Center, supra note 14, p . 96 .
30 Benny Morris, " The ' Quality of Life ' Fallacy, " Jerusalem Post, international edi-
tion, week ending March 26, 1988, p . 9 .
3 1 Semyonov and Lewin-Epstein, supra note 4, pp . 14, 88 . Hisham M . Awartani, A
Survey of Industries in the West Bank and the Gaza Strip (19791, p . 41 . Roy, supra
note 1, p . 32 .
32 Emergency Regulations (Judea and Samaria, Gaza Region, Sinai and Souther n
Sinai—Criminal Jurisdiction and Legal Assistance) (Amendment and Extensio n
of Validity) Law, art. 4, Laws of the State of Israel, vol . 3 8 , p . 43 ( 1 9 8 41 .
3 3 Military Order No. 45, "An Order Concerning Banking Law," July 9, 1967, in A I
Haq, West Bank Affiliate of the International Commission of Jurists, Newsletter ,
no . 15, p. 7 (September–October 1986) . U.S . Dept . of State, Country Reports o n
Human Rights Practices for 1979 (1980), p . 764 .1d ., for 1980 (1981), p . roo6 . Roy,
supra note 1, p . 79 . Interview of Crown Prince Hassan (Jordan), "Preserving Ara b
Identity on the Occupied Territories," Jordan Times, April 22, 1987, p . 4 .
3 4 Don Peretz, The West Bank : History, Politics, Society, and Economy (19861, p . 117 .
3 5 U.S . Dept . of State, Country Reports on Human Rights Practices for 1983 1 1 9 8 4) ,
p . 1303 .
36 Sarah Graham-Brown, " The Economic Consequences of the Occupation," i n
Naseer Aruri (ed .l, Occupation : Israel over Palestine (1983), p . 167, at p . 198 . Joel
Greenberg, " Bank of Palestine Branch for Gaza, " Jerusalem Post, international
edition, week ending June 14, 1986, p . r 1 . Roy, supra note 1, p . 79 .
3 7 Greenberg, supra note 36, p . it .
3 8 Military Order No . 1180, September 26, 1986, in Al-Haq, West Bank Affiliate of
the International Commission of Jurists, Newsletter, no . 15, p . 7 (September –
October 1986) . " Jordanian Bank Opens in Nablus ," Al-Fajr, November 7, 1986, p . 3 .
Benvenisti, supra note 4, pp . 27, 33 .
3 9 Military Order No . 418, 1971, West Bank, in Benvenisti, supra note 4, p . 36 .
40 Roy, supra note 1, p . 65 .
4 1 Simcha Bahiri, Industrialization in the West Bank and Gaza (1987), p . 40 .
42 Peretz, supra note 34, p . 118 .
4 3 Meron Benvenisti, The West Bank Data Project: A Survey of Israel's Policies 11984),
pp . 22–23 . Geoeffrey Aronson, Creating Facts : Israel, Palestinians and the Wes t
Bank (1987), p . 269 .
4 4 International Labor Organization, supra note 9, p . 20 . U.S . Dept . of State, Coun-
try Reports on Human Rights Practices for 1979 (19801, p . 764 . Roy, .supra note 1 ,
p . 76 . Peretz, supra note 34, p. I r8 . Susan Hattis Rolef, "Partners in a Dialogue ; '
Jerusalem Post, international edition, October r, 1984, p . 8 .
45 Graham-Brown, supra note 36, p . 219 . Rolef, supra note 44, p . 8 .
Notes 31 9
46 Graham-Brown, supra note 36, p . 198 .
47 Benvenisti, supra note 43, p . 11 . Bahiri, supra note 41, p . 40 .
48 Quoted by James Mire, political officer, U.S . consulate, West Jerusalem, in Anthon y
T. Sullivan, "What Outlook for Peace : Conversations with Prominent Palestin-
ians and Israelis Discourage Optimism that Any Political Settlement of the Israeli -
Palestinian Conflict Is Likely Soon," Americans for Justice in the Middle Eas t
News, vol . r1, no . 3, p . I, at p . 3 (December 1985–January 1986) .
4 9 Antoine Mansour, Palestine: Une Economie de Resistance en Cistordanie et a
Gaza ( 1 9 8 3), pp . 8 5--86 .
S o Id ., p . 9r . Awartani, supra note 31, p . 49 . Roy, supra note 1, pp . 54, 58 .
5 r Mansour, supra note 49, p . 92 .
5 2 Benvenisti, supra note 43, p . 10 . Mansour, supra note 49, p . 81 .
5 3 Awartani, supra note 31, p . 4 5 . Roy, supra note 1, p . 67 . Benvenisti supra note 4 ,
p. to .
5 4 Roy, supra note 1, pp . 63, 73 . Tamari, supra note 26 . p . 91 . Bahiri, supra note 41 ,
P . 39 .
5 5 Roy, supra note 1, p . 46 .
5 6 Benvenisti, supra note 43, p. 16 .
57 Jan Metzger, Martin Orth, and Christian Sterzing, This Land is Our Land : Th e
West Bank under Israeli Occupation (1983), pp . 112–113 . Roy, supra note 1, p . 63 .
58 Benvenisti, supra note 43, p . 1 7 .
59 Roy, supra note 1, p . 82 .
6o Sullivan, supra note 48, p . 3 .
61 Thomas L . Friedman, " Palestinians Under Israel : Bitter Politics," New York Times,
January 12, 1987, p . Al, at p . A6 .
62 U.S . Dept . of State, Country Reports on Human Rights Practices for 1983 ( 1 9 8 4) ,
P . 1303 -
63 Raja Shehadeh, Occupier's Law: Israel and the West Bank (1985), p . r 13 . Mansour,
supra note 49, pp . 105–106 . Roy, supra note 1, p . 49 .
64 Res . 1985/58, " Economic Development Projects in the Occupied Palestinian Ter-
ritories," art . 4, Economic and Social Council Official Records, 2d regular ses-
sion, Supplement No . is (1985), p . 12 .
65 Shehadeh, supra note 63, p . 113 . Israeli officials gave this reason for the denial .
Interview by author with Mustafa Natshe, mayor of Hebron, in Hebron, May 25 ,
1986 .
66 U.S . Dept . of State, Country Reports on Human Rights Practices for I984 (1985) ,
p . 1282 . Roy, supra note 1, p . 52 . Richard Locke and Antony Stewart, Bantusta n
Gaza 11985), p . 21 .
67 A . Agmon, former agriculture ministry staff officer for Gaza and northern Sinai ,
quoted in Dani Tzidkoni, "Colonial Policy in the Territories?" New Outlook (July -
August 1 975), p . 41 .
68 "Gaza Project Revitalizes Fishing Industry," AI-Fajr, April 12, 1 .987, p . 9 . Inter-
view by author with Gaza fishermen, Gaza City, May 24, 1986 .
6 9 Mansour, supra note 49, pp . 85–86 .
70 Id ., p . 88 . Roy, supra note p . 45 .
7 1 U.S . Dept. of State, Country Reports on Human Rights Practices for 1983 (1984) ,


320 Notes Notes 32 1

3 David Hirst, The Gun and the Olive Branch : The Roots of Violence in the Mid-
p . 1303 .
dle East 1 1 9 8 4), pp . 302 – 303 .
72 Mansour, supra note 49, p . 87 . Agmon, in Tzidkoni, supra note 67, p . 41 . Roy,
supra note r, p . 49 . Benvenisti, supra note 43, p . 15 . 4 S . C. Res . 248, March 24, x968 .
S . C. Res . 256, August 16, 1968 .
73 Tzidkoni, supra note 67, p . 41 . Roy, supra note 1, p . 5o . 5
6 Statement of Mr . Shahi, Pakistan, Security Council Official Records, 23d year,
74 AI-Fajr, October 25, 1 9 8 7, p . 4 .
75 Tzidkoni, supra note 67, p . 41 . 1 435th mtg ., p . 7, UN Doc . S/PV1435 (19681.
7 Statement of Mr. Berard, France, Security Council Official Records, 23d year. ,
76 U.S . Dept. of State, Country Reports on Human Rights Practices for 1 9 84 (19851,
14o2d mtg ., p . 5, UN Doc . S/PV.1402 (19681 .
p . 1282 .
8 F. Yahia, The Palestine Question and International Law (1970(, pp. 69–70 .
77 Roy, supra note 1, p . 47 . Bahiri, supra note 4 1 , p . 34 .
9 Statement of Mr . Berard, France, Security Council Official Records, 23d yr., 14o2d
78 Roy, supra note 1, pp . 45–46 .
Ibrahim Matar, "The New Sultans," Israel and Palestine Political Report, no . 126 , mtg ., p . 5, UN Doc . S/PV.1402 (1968) .
79
10 Statement of Mr . Shahi, Pakistan, Security Council Official Records, 24th yr. ,
p. 11, at p . 14 (August 1986) . Locke and Stewart, supra note 66, p . 2.5 .
Tzidkoni, supra note 67, p . 41 . Roy, supra note 1, p . 5o . 1468th mtg., p . 5, UN Doc . S/PV 1468 (19691 .
So
Tzidkoni, supra note 67, p . 42 . it Derek Bowett, "Reprisals Involving Recourse to Armed Force," American Journa l
81
"Jericho Farmers Demand Better Markets," AI-Fajr, March 6, 1987, p . I . of International Law, vol . 66, p . 1, at p . 36 11972) .
82
12 S . C . Res . 268, July 28, 1969 .
83 United Nations, Israel 's Policy on the West Bank Water Resources 1198o), p . 12 .
13 S . C . Res . 273, December 9, 1969 .
84 Id .,p.11 .
14 S . C . Res . 290, December 8, 1970 .
85 Id ., p . 12 .
15 A . Rigo Sureda, The Evolution of the Right of Self-Determination : A Study of
86 Id ., pp . 13–14 . Benvenisti, supra note 43, p . 14 . Mansour, supra note 49, pp . 45–46 .
United Nations Practice ( 1 973), p . 338 .
87 U.S . Dept . of State, Country Reports on Human Rights Practices for 1982 (1983),
16 S . C . Res . 302, paras. 6–7, November 24, 1971 .
p . 1176 . International Labor Organization, supra note 9, p . 25 .
17 Kader Asmal, " Hot Pursuit and the Wars of National Liberation," p . 7, Confer-
88 Israel's Policy on the West Bank Water Resources, supra note 83, p . 14 .
89 Id., p . 15 . Peretz, supra note 34, p . 65 . ence of African International Lawyers, Lusaka, Zambia, April 2–5, 1986 .
18 S . C . Res . 568, June 21, 1985 .
90 G . A . Res . 36/147(C), para . 7(m), December 16, 1981 .
19 S . C . Res . 571, September 2o, 1985 . S . C . Res . 574, October 7, 1985 .
91 Roy, supra note 1, p . 51 .
Locke and Stewart, supra note 66, p . 26 . 20 Rigo Sureda, supra note 1 5, p . 345 .
92
Israel's Policy on the West Bank Water Resources, supra note 83, p . 10 . 21 Legal Consequences for States of the Continued Presence of South Africa i n
93
Meir Shamgar (ed .), Military Government in the Territories Administered by Israe l Namibia (South-West Africa) Notwithstanding Security Council Resolution 27 6
94
1967–1980: The Legal Aspects, vol . 1 pp . 448–449 . Raphael Meron, Economi c (197o), International Court of Justice, Reports of Judgments, Advisory Opinion s
Development in Judea-Samaria and the Gaza District : Economic Growth and and Orders (1971), p . 16, at p . 56, para . 27 . G. I . Tunkin, Theory of Internationa l

Structural Change, 1970–80 (1983), p . 24 . Coordination of Government Opera - Law 11974), P . 4 1 9 .

tions in Judaea, Samaria, Gaza District, Sinai, Golan Heights : A Thirteen-Year 22 Palestine National Covenant, art . 16, in New York University Journal of Interna-
Survey (1967–1980) (1981), in International Commission of Jurists, Israel Nationa l tional Law and Politics, vol . 3, no. 1, p . 199, at p . 202 (1970) . Anis Kassim, Claim s
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95
Metzger, Orth, and Sterzing, supra note 57, p . 114 . George Washington University), pp . 23–41 .
96
Benvenisti, supra note 43, p. n . 23 Legal Consequences, supra note 21, p . 70 (separate opinion) .
97
John Gregory Dunne, "This Year in Jerusalem," Esquire (December 19871, p . 237, 24 Legal Consequences, supra note 2 r, p . 92 .
98
25 C . J . R . Dugard, "The Organisation of African Unity and Colonialism : An Inquir y
at p . 245 .
Graham-Brown, supra note 36, pp . 200–201 . into the Plea of Self-Defence as a Justification for the Use of Force in the Eradi-
99
cation of Colonialism," International and Comparative Law Quarterly, vol . r 6
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26 By The Sword : The Palestine Arabs Claim of a z6 Julius Stone, Conflict Through Consensus .' United Nations Approaches to Aggres-
Right to Resist sion (1977), p . 67 .

1 Le Monde, July 3, 1969, p . 4 . 27 Louis Henkin, How Nations Behave: Law and Foreign Policy (1979), p . 144 .
2 Helena Cobban, The Palestine Liberation Organisation (1984), p . 38 . 28 John N . Moore, " The Arab-Israeli Conflict and the Obligation to Pursue Peaceful

322 Notes
Settlement of International Disputes,' University of Kansas Law Review, 19 ,
vol .
p . 403, at p . 422 (1971) .
29 G . A . Res . 3236, art. i, November 22, 1974 .
3o Heather A . Wilson, International Law and the Use of Force by National Libera
Lion Movements (1988), p . 131 .
3 1 UN Charter, art . 2, para . 4 .
3 2 Asmal, supra note 17, p . 24 .
3 3 Declaration on the Granting of Independence to Colonial Countries and Peoples ,
G . A . Res . 1514, para . 4, December 14, r960 -
3 4 Michla Pomerance, Self-Determination in Law and Practice (19821, pp . 49–50.
3 5 Statement of Mr. Jha, India, Security Council Official Records, 16th year, 987th
mtg., pp . 10–1r, UN Doc . S/PV987 (1961) .
36 Quincy Wright, " The Goa Incident," American Journal of International Law, vol .
5 6, p. 617, at p . 629 (19621 .
3 7 G . A . Res . 21os, December 2o, 1965 .
3 8 Stephen M . Schwebel, "Wars of Liberation—as Fought in UN Organs," in Joh n
Norton Moore (ed .), Law and Civil War in the Modern World 1 974(, p . 446 ,
1 S . C . Res . 313, February 28, 1972 .
at p . 453 .
3 9 Declaration on Principles of International Law Concerning Friendly Relation s
and Co-operation Among States in Accordance with the Charter of the Unite d
Nations, G . A . Res. 2625, art . 1, October 24, 1970 .
40 G . A . Res . 2708, December 14, 1970 .
4 1 Definition of Aggression, G . A . Res . 3314, art . 7, December 14, 1974 .
4 2 Stone, supra note 26, pp . 66–86 .
4 3 Tom J . Farer, " The Regulation of Foreign Intervention in Civil Armed Conflict, '
Recueil des Cours, vol. 142, p . 297, at p . 367 (1974, no . 2) .
44 G . A . Res . 2787, art . 3, December 6, 1971 .
4 5 G . A . Res . 34/44, paras . 2, 12, November 23, 1979 .
4 6 " Resolution on the Palestinian Question," para . 1, Council of Ministers of the
Organization of African Unity, Forty-Fourth Ordinary Session, Addis Ababa, Ethio-
pia ., July 21–26, 1986, Doc . CM/Res .1o6r jXLIV), in United Nations, Division o f
Palestinian Rights, Bulletin, vol . 9, nos . 9–10, September–October 1986, p . 20 ,
at p. 22 .
4 7 Nathan Feinberg, "The Legality of the Use of Force to Recover Occupied Territory, "
Israel Law Review, vol . 15, pp . 16o–179 (1980 .
48 Oscar Schachter, "In Defense of International Rules on the Use of Force," Univer-
sity of Chicago Law Review, vol . 53, p . 113, at p . 132 (19861 .
Derek Bowen, Self-Defence in International Law ( 1 9591, p . 18 .
R. Y. Jennings, The Acquisition of Territority in International Law )1963), p . 72 .
S. C . Res . 338, October 22, 1973 .
Hirst, supra note 3, pp . 303–304 .
S . C . Res . 262, December 31, 1968 .
Hirst, supra note 3, pp . 251, 306 .
S . C . Res . 265, April 1, 1969 .
S . C . Res . 270, August 26, 1969 .
G . A . Res 4o/61, December 9, 1985 .
Notes 32 3
58 Al-Fair, September xz, 1986, "Poll Results Supplement," p . C . Jerusalem Post,
international edition, week ending September 20, 1986, p . 9 .
59 David Shipler, Arab and Jew: Wounded Spirits in the Pmmised Land (19861, p . inS .
6o John Quigley, " Eliminating Terrorism : A Law and Justice Approach," Connecti-
cut Journal of International Law, vol . 3, p . 47, at p . 59 (x987) .
G . A . Res . 34/145, December 17, 1979 . Vote : 118–0–22 .
27 Guns and Stones : Resistance by the Palestin e
Arabs to Occupation
i Barry Levenfeld, " Israel 's Counter-Fedayeen Tactics in Lebanon : Self-Defense an d
Reprisal Under Modern International Law," Columbia Journal of Transnationa l
Law, vol . 2r, p . 1, at pp . 17–18 (1982) .
S . C . Res . 279, May 12, 1970 .
S . C . Res . 280, May 19, 1970 .
S . C . Res . 285, September 5, 1970 .
S . C . Res . 316, June 26, 1972 .
New York Times, May 31, 1972, p. Al .
Id ., September 6, 1972, p . Al .
Id ., September 9, 1972, p . AI . David Hirst, The Gun and the Olive Branch : Th e
Roots of Violence in the Middle East (1984), p . 251 .
to Hirst, supra note 9, pp . 318–322 .
11 S . C . Res . 337, August 15, 1973 .
12 New York Times, April 12, 1974, p. Al .
13 Id ., May 16, 1974, p . Ar . Hirst, supra note 9, pp . 3 28– 33 1 .
14 Cheryl Rubenberg, Israel and the American National Interest 119861, pp . 197, 227 .
15 S . C . Res . 425, March 19, 1978 .
16 Francis A . Boyle, " Israeli Invasion and UN Charter," Chicago Daily Law Bulletin ,
July 9, 1982 . Uri Avnery, My Friend, the Enemy (1986), p . 234 . Rubenberg, supra
note 14, pp . 267, 276 .
17 Michael Jansen, The Battle of Beirut (19821, p . 8 .
18 Rubenberg, supra note 14, p . 281 . Noam Chomsky, The Fateful Triangle : th e
United States, Israel and the Palestinians ( 1 9 8 3), p . 221 .
19 Rubenberg supra note 14, p- 278 .
20 Id .
21 Harold Saunders, "An Israeli-Palestinian Peace," Foreign Affairs, vol . 61, p . loo, a t
p . 110 (19821 .
22 S . C . Res . 509, June 6, 1982 .
23 S . C . Res . 515, July 29, 1982 .
24 " Excerpts from Report on Israelis' Responsibility in Massacre," New York Times ,
February 9, 1983, p . A18 . Linda A . Malone, "The Kahan Report, Ariel Sharon and
the Sabra-Shatilla Massacres in Lebanon : Responsibility Under International Law
for Massacres of Civilian Populations," Utah Law Review (1985), p . 373 .
25 S . C . Res. 521, September 19, 1982 . G . A . Res . ES 7/9, September 24, 1982 . G . A .
Res . 37/123D, December 16, 1982 .

324 Notes
26 S . C . Res . 573, October 4, 1985 .
27 State of Israel : Press Bulletin : Report of the Commission of Inquiry into th e
Methods of Interrogation of the General Security Service Regarding Hostile Ter-
rorist Activity (communicated by the coordinator of the commission of inquiry) ,
November 1-8 1987, excerpted in Jerusalem Post, international edition, week
ending November 7, 1987, p . I, and in Jerusalem Post, November 1, 1987 .
28 Bennie Morris, "A Strain on Credulity" Jerusalem Post, international edition ,
week ending November 14, 1987, p . 10 .
29 Landau Commission findings, reported in Jerusalem Post, international edition,
week ending November 7, 1987, p . 1 . John Quigley, "International Limits on Us e
of Force to Elicit Confessions : A Critique of Israel 's Policy on Interrogation,"
Brooklyn Journal of International Law, vol . 14, p . 4 8 5, at p . 48 8 11988) .
30 Jerusalem Post, international edition, week ending November 7, 1987, p . 2 .
3 1 Jerusalem Post, international edition, week ending November 14, 1987, p . I .
Quigley, supra note 29, p . 487 .
3 2 Ann Lesch, "Israeli Deportation of Palestinians from the West Bank and the Gaz a
Strip, 1967-1978," Journal of Palestine Studies, vol . 8, no . 2, p . tor, at p . 10 2
(1979) (1,151 individual expulsions 1967-1978) . Article continues in journal of
Palestine Studies, vol . 8, no . 3, pp . 81-112 (1979) . New York Times, April 13 ,
1988 p . AS . Joost Hiltermann, Israel 's Deportation Policy in the Occupied Wes t
Bank and Gaza (19861, p . 1 .
3 3 Rafik Halabi, The West Bank Story (1982), p . 38 .
3 4 Noam Chomsky, The Fateful Triangle : the United States, Israel and the Pales-
tinians 1 1 9 8 3), p . 97 . Amos Perlmutter, "Menachem Sharon? Well, No," New York
Times, May 17, 1982, p . A15 .
3 5 Halabi, supra note 33, p . 40.
3 6 Treatment of Palestinians in Israeli-Occupied West Bank and Gaza : Report of
the National Lawyers Guild 1977 Middle East Delegation 11978), pp . 61-82 .
3 7 Dani Tzidkoni, " Leftist in Gaza Put Before the Military Court," Davar, January 8 ,
1987, in Israel Shahak, Collection : The Real Situation in the Occupied Territo-
ries, 1987 (1987), p . IT .
3 8 Ron Jourard, " No division between politics, crime in West Bank," Jerusalem Post,
international edition, week ending May to, 1986, p . 5 .
3 9 Military Order No . 101, August 27, 1967, as amended by Military Order No . 718 ,
in Raja Shehadeh and Jonathan Kuttab, The West Bank and the Rule of La w
( 1 9 80 ), pp . 126-128 .
4 0 Esther Cohen, "Justice for Occupied Territory? The Israeli High Court of Justic e
Paradigm," Columbia Journal of Transnational Law, vol . 2 4, p . 471, at p . 5o 6
(1986) . Esther Cohen, Human Rights in the Israeli-Occupied Territorie s
1967- 1 98 2 ( 1 9 8 5), p. 506 .
41 Ruling of September 16, 1987, in Al-Fair, October 18, 1987, p . 8 .
42 Abu Awad v. IDF Commander of Judea and Samaria, High Court of Justice 97/79 ,
Piskei Din, vol . 33, part 3, p . 3 0 9 ( 1 979) .
43 Joel Brinkley, "U.S . Criticism Sets Off a Furor in Israel ," New York Times, Augus t
25, 1988, p . A3 .
44 Cohen, Human Rights, .supra note 40, p . 110 .
Notes 325
45 G . A . Res . 2535 December to, 1969 . G . A. Res . 2792(C), December 6, 1971 .
46 National Lawyers Guild, International Human Rights Law and Israel 's Efforts to
Suppress the Palestinian Uprising (1989) pp . 5-6 .
4 7 " Situation in Occupied Palestine, " UN Commission on Human Rights, Resolu-
tion 1988/3, para . 3, February 22, 1988 . Vote : 30-4-8 .
4 8 S . C . Res . 605, December 22, 1987 .
4 9 New York Times, January 22, 1988, p . A1o.
5 0 Id., January 23, 1988, p . A6 .
5 1 Jerusalem Post, January 26, 1988, p . 1 .
5 2 National Lawyers Guild, supra note 46, pp . 69-74 .
5 3 U .S . Dept. of State, Country Reports on Human Rights Practices for 1988 )1989) ,
P . 1 379 .
5 4 " U .S . Criticizes Israeli Expulsion Policy , " AI-Fajr, August 28, 1988, p . 4.
5 5 S . C. Res . 607, January 5, 1988, UN Doc . S/INFJ6o7 (1988) .
5 6 Security Council, Provisional Verbatim Record, January 5, 1988, p . uN Doc .
S/PV.2780 (1988), reprinted in UN Law Reports, vol. 22, p . 37 )1988) .
5 7 U .S . Dept . of State, Country Reports on Human Rights Practices for 1988 (1989),
pp. 1376-1387 .
5 8 UN Human Rights Commission, " Question of the Violation of Human Rights in
Occupied Palestine," para . 3, February 17, 1989, UN Doc . E/CN .4/ 1989 /L .4 (1989) .
Vote : 32-1-9 .
28 Statehood in the Making:
Palestine Declares Independenc e
1 Palestine National Covenant, art . 6, New York University Journal of Interna-
tional Law and Politics, vol. 3, p . 22 7 ( 1 970) .
2 Philip Mishalani, " The National Question and the PLo, " in Fouzi El-Asmar, Ur i
Davis, and Naim Khader /eds .], Debate on Palestine (1981), p . m2, at pp . 106-107 .
3 Id ., p . 107 . David Hirst, The Gun and the Olive Branch : The Roots of Violence in
the Middle East (19841, pp . 292-294 . Helena Cobban, The Palestinian Liberatio n
Organisation : People, Power and Politics (19841, p . 16 .
4 Naim Khader, " An Initial Response to Dr . Emile Tuma and His Comments on th e
Socialist Republic of Palestine," in El-Asmar, Davis, and Khader, supra note 2,
p . 8 3, atp . 93 .
5 Id ., p . 93 . Uri Avnery, My-Friend, the Enemy (1986), p . 67 .
6 Hirst, supra note 3, p . 299 .
7 Id ., pp . 325-326 . Sally Morphet, "The Palestinians and Their Right to Self -
Determination, " in R . f . Vincent (ed .), Foreign Policy and Human Rights : Issues
and Responses (19861, p . 85, at p . 93 . Norton Mezvinsky, "The Palestinian People
and the Right to Self-Determination, " in Hans Koehler (ed .), The Legal Aspects of
the Palestine Problem with Special Regard to the Question of Jerusalem (1981) ,
P . 34, at PP . 39-40 .
8 Avnery, supra note 5, p . 190 .
9 Mishalani, supra note 2, p . 121 . Cobban, supra note 3, at p . 17 .


326 Note s Notes 32 7

to Jacques Dehaussy, " La crise du Moyen-Orient et 1'oNU, " Journal du droit interna - 4 Paul Lewis, " U .N . Repeals Its ' 75 Resolution Equating Zionism with Racism, "
tional, vol . 95, pp. 853-888 (1968) . New York Times, December 17, 1991, p . Ar .
11 G . A . Res . 3237, November 22, 1974. 5 G . A. Res . 46/86, December 16, 1991 .
12 G. A . Res . 3236, art . 4, November 22, 1 974 . 6 Raja Shehadeh, From Occupation to Interim Accords : Israel and the Palestinia n
13 G. A . Res . 3151 G, December 1 4, 1 973 . Territories ( 1 997), P . 115 .
14 G . A . Res . 3379, November ro, 1975 . 7 Jose Rosenfeld and Herb Keinon, " Ministry Changes List of Areas Receivin g
r5 Jeane Kirkpatrick, " Ten Years as an ' Outlaw State, '" Chicago Tribune, Novem - Housing Incentives, " Jerusalem Post, July 6, 1993 (news section) .
ber ro, 19 8 5, P . 3 . 8 Awad Mansour, Clever Concealment : Jewish Settlement in the Occupied Territo-
r6 G . A. Res . 3376, November ro, 1975 • ries under the Rabin Government : August 1992-September 1 993 ( 1 994), pp . 1-2 .
17 G . A. Res. 32/40, para . 1, December 2, 1977 . 9 Evelyn Gordon, " Peace Now Petition against Settlement-Building Rejected, "
18 G . A. Res . 34/65D, para . 1, December 12, 1979 . Jerusalem Post, August 26, 1993 (news section) .
19 G . A. Res . 38/58C, December 13, 1983 . ro Cheryl A. Rubenberg, The Palestinians In Search of a Just Peace ( 200 3), p . 3 2 5 .
20 "The 18th Palestine National Council Resolutions : The Political Report," para 5, 11 "Text of Declaration of Principles, " Jerusalem Post, September 1 5, 1 993, p . 4A .
AI-Fajr, May 3, 1 9 8 7, p . 13 . 12 Palestine Yearbook of International Law, vol . 7, pp . 230-231 ( 1 992-941 .
21 UN Doc . A/43/827, S/20278, p . 13 (1988) . 13 Security Council Official Records, 5oth year, 3538th mtg., p . 7, UN Doc . S/PV /
22 Steve Lohr, " Arafat Says P.L .O . Accepted Israel, " New York Times, December 8 , 3538 ( 1 995) .
1988, p . AI . Paul Lewis, "' Right of All Parties ' Accepted by Arafat, " New York 14 Id ., PP . 3, 4, 5, 8 .
Times, December 15, 1988, p . A19 . " Statement by Arafat on Peace in Mideast, " 15 Palestine and the UN (Monthly Bulletin of Permanent Observer Mission of Pal-
New York Times, December 15, 1988, p . A19 . estine to the United Nations), vol . 1, issue 1, p . 4 (October 1996) .
23 Celestine Bohlen, " U .S . Plan Faulty, a vLO Aide Says, " New York Times, March 13, 16 Vienna Convention on the Law of Treaties, art . 26, UN Treaty Series, vol . 1155 ,
1989, p . A6 . P . 33 1 .
24 "Transcript of Shultz Remarks Outlining New U .S . Position toward P.L .O ., " New 17 Patrick Cockburn, " Jews Given Swathe of Arab East Jerusalem for Homes, " Inde -
York Times, December 15, 1988, p . A18 . pendent, February 27, 1997, p . 13 .
25 "Excerpts from Hussein ' s Address on Abandoning Claims to the West Bank, " 18 Security Council Official Records, 52nd year, 3747th mtg ., p . 4, March 7, 1997 ,
New York Times, August 1, 1988, p . A4 . UN Doe . S/ PV.3747 ( 1 997) . Paul Lewis, "U .S . Vetoes U .N . Criticism of Israel ' s

26 Jerome M . Segal, Creating the Palestinian State : A Strategy for Peace (1989), pp . Construction Plan, " New York Times, March 8, 1997, p . A3 .
104-114 . 19 G . A . Res . 51/223, March 13, 1997 . Paul Lewis, " Israel's Plan for Jerusalem I s
27 Paul Lewis, "Arabs at U .N. Relax Stand on P.L .O ., " New York Times, December 6 , Condemned by Assembly, " New York Times, March 14, 1997, p . Arz .
1 9 8 9, p. A3 . zo Security Council Official Records, 52nd year, 3756th mtg ., p . 6, March 21, 1 997 ,
28 G . A . Res. 43/177, December 15, 1988 . UN Doc. S / PV. 375 6 1 1 997) . Paul Lewis, "U.S . Again Vetoes a Move by U .N. Con-
29 "Editorial : The Battle for Jerusalem," Jerusalem Post, October 22, 1990, p . 4 . demning Israel, " New York Times, March 22, 1997, p . A4.
30 Joost R. Hiltermann, " Settling for War : Soviet Immigration and Israel ' s Settle - 21 G .A . Res . Es-1o/2, April 2 5, 1 997 . " Israel Warned to Halt New Housing for Jews, "
ment Policy in East Jerusalem," Journal of Palestine Studies, vol. 20, no . 2, p . 71 , New York Times, April 26, 1997, p . A4 .

at pp . 77-7 8 ( 1 99 1 ) . 22 G . A. Res . E5-1o/3, July 15, 1 997 .

31 Cheryl A . Rubenberg, The Palestinians in Search of a Just Peace (2003), p . 27 .
30 Talks Fail : The Sword Replaces the Pen

29 Oslo via Madrid: A Turn to Peace ?
r R . W. Apple Jr., " Mideast Foes List Demands and Trade Angry Charges across
Conference Table, " New York Times, October 31, 1991, p . Al .
2 "The Peace Conference, " Palestine Yearbook of International Law, vol . 6, pp .
262-302 (1990-91) .
r Eric Silver, " Netanyahu Hits First Crisis over Cabinet Line-up, " Independent,
June 1 9, 1 996, p . to .
2 Interim Agreement on Trade and Trade-Related Matters between the Europea n
Community and the European Coal and Steel Community, of the One Part an d
the State of Israel, of the Other Part, Official Journal of the European Commu-
nities (L71, March 20, 1996), vol. 39, p . 2 .

3 U .S. Department of State, Letter of Assurances to the Palestinian team), Octo - 3 " Israel Angered by EU Call to Boycott Settlers ' Produce , " BBC Summary of Worl d
ber 18, 1991, in Palestine Yearbook of International Law, vol . 6, pp . 281-28 2 Broadcasts, May 15, 1998, from Voice of Israel, Jerusalem, in English, 0400 GMT ,
1 1 990 -9 1 ) .
May 14, 1998 (available on LEXIS, News Library) .

328 Notes
4 " EU/Israel : Plan for Embargo on Exports from Jewish Settlements, " European
Report, May 16, 19981available on LEXIS, News Library) .
5 Id . Mark Dennis, "Breaking Through : Has the Eu Found How to Make Netanyahu
Listen?, " Newsweek, June 15, 1998, p . 18 .
G . A . Res . 52/ 2 50, Jul y 1 3, 1 99 8.
Cheryl A . Rubenberg, The Palestinians In Search of a Just Peace (2003), p . 83 .
S .C . Res . 1435, September 24, 2002 .
"Report of the Special Rapporteur of the Commission on Human Rights, Mr . John
Dugard on the Situation of Human Rights in the Palestinian Territories Occupie d
by Israel since 1967, " December 17, 2002, UN Doc . E/cN .4 .2o03/30 .
"Concluding Observations of the Committee on Economic, Social and Cultural
Rights : Israel, " para . 15, May 23, 2003, UN Doc . E/c .12/1/Add.9o . "Concludin g
Observations of the Human Rights Committee : Israel, " para. r 1, August 21, 2003 ,
UN Doc . CCPR/CO/78/ISR .
"Concluding Observations of the Human Rights Committee : Israel, " paras . 15 ,
16, 18, 19, August 21, 2003, UN Doc . ccrx/co/78/ISR .
"Concluding Observations of the Committee on the Rights of the Child, " para . 4,
October 9, 2002, UN Doc . c8c/c/15/Add .195•
" Concluding Observations of the Committee on Economic, Social and Cultura l
Rights : Israel, " para . 16, May 23, 2003, UN Doc. E/c .12/Add .9o .
Jerusalem and the Settlements : Who Should Stay?
Basic Law: Jerusalem, Capital of Israel, Laws of the State of Israel, vol . 34, p . 209
(198o) .
Temple Mount Faithful Association v. Attorney General, High Court 4185/90,
47(51 Piskei Din 221 (1993), summarized in Asher Felix Landau, "Israel's Rights
on Temple Mount Undisputed , " Jerusalem Post, November 15, 1993, p . 7 .
UN Doc . A/43/827, S/20278 (1988) .
Henry Cattan, Palestine and International Law ( 1 9731, pp. 6 4-73 .
G . A . Res . r81, part 3, November 29, 1947 .
Emergency Regulations (Land Requisition-Accommodation of State Institu-
tions in Jerusalem) (Continuance in Force of Orders) Law, Laws of the State of
Israel, vol . 4, p . m6 [1950). " Jerusalem Named Capital of Israel , " New York Times ,
January 24, 1950, p . Al .
7 Musa Mazzawi, Palestine and the Law : Guidelines for the Resolution of the
Arab-Israel Conflict (1997), pp . 202-218 .
8 S . C . Res . 25z, May 21, 1968 .
9 Basic Law : Jerusalem, Capital of Israel, Laws of the State of Israel, vol. 34, p . 209
(1980) .
ro S . C . Res . 478, August zo, 1980 . G . A . Res . 35/169E, December 15, 1980 .
11 S . C . Res . 476, June 30, 1980.
12 G . A . Res . 37/123F, December zo, 1982 .
13 S . C . Res . 672, October 12, 1990 .
14 " Report Submitted to the Security Council by the Secretary-General in Accor -
dance with Resolution 672, " para . 3, UN Doc. S/21919 (1990) .
Notes 32 9
15 S . C . Res . 673, October 24, 1990 .
16 B 'tselem, A Policy of Discrimination : Land Expropriation, Planning and Build-
ing in East Jerusalem (1995 ), p . 1 .
17 " Israeli Ministry Says 1967 East Jerusalemites "Permanent Residents " of Israel :
Text of Report by Israeli Government Press Office Communicated by Tova Elin-
son, Interior Ministry Spokeswoman, " 6 February 1997, BBC Summary of Worl d
Broadcasts, February 8, 1997 (available on LEx1S, News Library) .
18 Gesetz vom 10 . Juli 1945 fiber die Uberleitung in die osterreichische Staatsbiirger-
schaft (Staatsburgerschafts-Ubcrlcitungsgesetz-St-OG) §1, 1945 Staatsgesetz-
blatt fur die Republik Osterreich (no . 591, p . 81 .
19 Treaty of Peace between the State of Israel and the Arab Republic of Egypt ,
March 26, 1979, Annex I : Protocol concerning Israeli Withdrawal and Securit y
Arrangements, art. 1, Israel Law Review, vol. 15, p . 306 (1980) .
20 International Covenant on Civil and Political Rights, art . 7, UN Treaty Series, vol .
999, P. 171 .
21 David K . Shipler, " Israel Completes Pullout, Leaving Sinai to Egypt, " New York
Times, April 25, 1982, p . A1 .
22 William Claiborne, "Israel, Settlers Fail to Agree on Sinai Payments, " Wash-
ington Post, January 12, 1982, p . A, .
23 Herb Keinon, " Unsettled Settlers : Many Will Go if the Price Is Right, " Jerusalem
Post, December ro, 1 993, p . 2B .
24 Susan Hattis Rolef, " Back to Green Line Israel , " Jerusalem Post, January 15, 1996 ,
p. 6 .
25 Treaty of Peace between the Allied and Associated Powers and Italy, art . 19(1),
February 1o, 1947, UN Treaty Series, vol . 49, p . 3 .
26 Loizidou v. Turkey (merits), judgment of December 18, 1996 .
32 The Displaced : Where Will They Go ?
1 John Fischer Williams, " Denationalization, " British Year Book of International
Law, vol. 8, p . 45, at p . 56 (1927) . P. Weis, Nationality and Statelessness in Inter -
national L a w ( 1 979), p . 47 .
z Universal Declaration of Human Rights, G .A . Res . 217A, art . 13, para . 2, UN Doc .
A/81o, p . 7 1 ( 1 94 8) .
3 International Covenant on Civil and Political Rights, art . 12, para . 4, UN Treaty
Series, vol . 999, p . 1 71 .
4 Ruth Lapidoth, "The Right of Return in International Law, with Special Refer-
ence to the Palestinian Refugees," Israel Year Book on Human Rights, vol . 16 ,
p . 103, at p. 114 (19861 .
Nationality of Natural Persons in Relation to the Succession of States, art . 5 ,
G . A. Res . 55 /153, December 12, 2000 .
Ian Brownlie, "The Relations of Nationality in Public International Law, " British
Year Book of International Law, vol . 39, p . 284, at p . 320 ( 1 9 6 3) .
Rudolf Graupner, "Nationality and State Succession : General Principles of the
Effect of Territorial Changes on Individuals in International Law," Transaction s
of the Grotius Society, vol . 3 2 , p . 87 1 1 9471 .


330 Notes Notes 33 1

8 Research in International Law, Harvard Law School, "Nationality, Responsibilit y
of States, Territorial Waters : Drafts of Conventions Prepared in Anticipation o f
the First Conference on the Codification of International Law, The Hague, 1930, "
The Law of Nationality, art . 18, American Journal of International Law, vol . 23 ,
p. 13 )Supplement 1929) .
Id ., p . 61 )comment to art . 18) .
9
10 F. A . Mann, " The Effect of Changes of Sovereignty upon Nationality, " Modern
Law Review, vol . 5, p . 218, at p . 221 (1941—42) .
11 Convention concerning the Exchange of Greek and Turkish Populations (Lau -
sanne), January 30, 1923, art . 1, League of Nations Treaty Series, vol . 32, p . 75 .
33 " General Framework for Peace in Bosnia and Herzegovina : Annex 7 : Refugees and
Displaced Persons," art . 1, December 1 4, 1 995 (Dayton agreement), Internationa l
Legal Materials, vol . 35, p . 75 ( 1 996).
34 "Neubauer Welcomes Estonian President ' s Call as Model for Czechs, " Czec h
News Agency, cit National News Wire, October to, 1995 (available on LExis ,
News Library) .
35 V.M . Broshevan, Deportatsiia zhitelei Kryma (The Deportation of the Resident s
of Crimea), in Krims'ki Tatari : Istoriia i suchasnist' (do 50-richchia deportatsii
Krims 'kotatars 'kogo narodu) : materiali mizhnarodnoi naukovoi konferentsii .
Kin,, 13-14 travnia 1994 r. )The Crimean Tatars : History and the Present Da y

12 E . Reut-Nicolussi, " Displaced Persons and International Law, " Recueil des tours (towards the 5oth Anniversary of the Deportation of the Crimean Tatar People :
(Hague Academy of International Law), 1948(2), p . 1, at p. 29 . Materials of the International Scholarly Conference, Kiev, May 13-14, 1 994(,
13 Stephen P. Ladas, The Exchange of Minorities : Bulgaria, Greece and Turkey p . 44 )I . Kuras ed. 1 995) .
( 1 93 2 )) P . 34 1 .
14 UN Doc . A/648(1948) .
15 G . A. Res . 194, para . 11, December 11, 1948 .
16 The Ambassador in France (Bruce) to the Secretary of State, Top Secret, June 12,
1949, Foreign Relations of the United States 1949, vol. 6, pp . 1124-1125 .
17 Lapidoth, supra note 4, p . 116 .
18 General Assembly Official Records, 3d Sess ., Part I, C .1, Summary Records o f
Meetings 21 September-8 December 1948, p . 686, UN Doc . A/c .I/SR .2o5 (1948) .
19 General Assembly Official Records, 3d Sess ., Part I, C .1, Summary Records o f
Meetings 21 September-8 December 1948, p . 724, UN Doc. A/c .1/sR .2o9 (1948) .
20 G. A . Res 3236, November 22, 1974 .
21 S . C . Res . 242, November 22, 1967 .
22 Eyal Benvenisti and Eyal Zamir, "Private Claims to Property Rights in the Futur e
Israeli-Palestinian Settlement, " American Journal of International Law, vol . 89,
p . 295, at p . 326 (1995) .
23 W . Thomas Mallison and Sally V . Mallison, The Palestine Problem in Interna -
tional Law and World Order (1986), p . 188 .
24 Sarah Honig and David Makovsky, " Religious Issues Delay Coalition Deal, "
Jerusalem Post, June 17, 1996, p . I (quoting aide to Netanyahu) . Dilip Hiro,
" Netanyahu Considers Pre-emptive Strike on Clinton, " Interpress Service, July 8 ,
1996 (quoting Netanyahu) .
25 S . C . Res . 779, October 6, 1992 .
26 " Report of the United Nations High Commissioner for Refugees, " General As -
sembly Official Records, 33rd Sess ., Supp . No. 12), p . 14, UN Doc. A/33/1 2
( 1 97 8 ) .
2.7 General Assembly Official Records, 3d Sess ., Part I, Annexes to the Summar y
Records of Meetings, p . 69, UN Doc . A/ c .1/398 .Rev.2 %1948) .
28 General Assembly Official Records, 3d Sess ., Part I, C .1, Summary Records o f
Meetings 21 September-8 December 1948, p . 910, UN Doc . Aj c .I/SR .226 )1948) .
29 Id ., p . 906 .
30 Id .,p .912 .
31 Id., p . 910 .
32 Id., p .909 .
 Inde x

Aaland Islands, 1 5 Arab Higher Committee, 24, 39-4 0,

Abdnlhamid II (sultan of the Ottoma n
Empire), 7
Abdullah (emir of Transjordan, King o f
Jordan, 22, 24, 2 9-3 0, 35, 3 8, 43, 6 3 ,
78, 80, 1 5 3
Absentee property, 107-10 9
Acheson, Dean, 3 3
Acre, 6o, 82, 86, m5, 14 1
Administrative detention, 1 45, 1 47 ,
205 . See also Deportatio n
Aggression, 75-81, 1 54, 1 59- 160 , 163 ,
1 9 0- 1 9 7
Agranat, Simon, 129, 13 4
Agriculture, Arab, 113-114, 186-188 .
See also Farmer s
Akehurst, Michael, 79, 16 4
Akzin, Benjamin, 3 7
Al-Ard, 13 3
Alexander III (tsar of Russia, 3
Alexandria, 2 9
Algeria, 10 2
Allon, Yigal, 4, 17, 61, 82, 8 9
Almogi, Joseph, 138-13 9
American Emergency Committee fo r
Zionist Affairs, 2 8
Ammoun, Fouad, 19 1
Ancient title, 68-6 9
Anglo-American Committee o f
Inquiry, 23, 3 1
Angola, 190-191, 1 9 4
Anti-Semitism, 3, 20, 26, 2 8
Apartheid, 114, 128, 1 34, 1 4 8 - 1 5 0 ,
181, 183, 190-19 1
Aqaba, Gulf of, 159, 161, r65-16 7
Arab Executive, 21
43 ; efforts to establish a state by, 62 ,
64, 74-81, 92 ; efforts to preven t
Arab flight by, 63, 88 ; invitation t o
Arab League from, 77 ; partitio n
viewed by, 24, 3 2 , 34-35, 3 8 , 44, 9 2
Arab League, 29, 100, 237 ; interven-
tion in Palestine by (1948), 34, 38 ,
43, 6 3, 76-84, 9 2 , 10 7
Arab Legion, 43, 78, 80, 82-84, 87-88 ,
1 39
Arab revolt, 23, 25-2 6
Arab Socialist List, 133-13 4
Arabs of Palestine, 73-75 ; flight fro m
Palestine by, 43-44, 57, 62-63, 82 -
86, 88, 98, 168, 182 ; political par-
ticipation in Israel by, 131-137 . Se e
also Discrimination, racial
Arab Studies Society, 14 6
Arab Workers Congress, 11 4
Arafat, Yassir, 214, 21 7
Arendt, Hannah, 9
Armistice agreements, 8 9, 9 2 -93, 97,
1 54- 1 55, 16 6
Ashkelon, 97 . See also Majda l
Asmal, Kadar, 19 2
Austin, Warren, 3 2
Australia 22, 33, 5 1
Austria, 102, 22 8
Austro-Hungarian Empire, II, 19 1
Avidan, Moshe, 6 6
Avnery, Uri, 82-83, 107, 124, 134, 14 2
Balad ash Sheikh, 4 2
Balfour, Arthur James, first earl of, 7 -
8, to-rr

334 Index
Balfour Declaration, 8, 13, 16, 17, 33 ,
35, 69, 31 ; interpretation of, TO, 17 -
38, 20 9
Bank accounts, Arab, 11 1
Banking, 18 4
Baqa el Gharbiya, 9 7
Bassiouni, Cherif, 7 5
Bedjaoui, Mohammed, 7 5
Bedouin Arabs, 86, 98, 109, 1 3 5
Beersheeba, 85-86, 10 6
Begin, Menachem, 4 1 43, 6o, 16 5, 1 75 -
17 6
Beirut, 1 95, 1 99- 20 0
Beisan, 61, 83, 8 6
Beit-Hallahmi, Benjamin, 1 49
Beit Nuba, 16 8
Beit Surik, 5 9
Belgium, 5 1
Ben-Eliezer, Benjamin, 17 9
Ben-Gurion, David, 26-27, 29, 34, 8 3 ,
89, 101, 105, 109, 156 ; Histadru t
and, 17 ; Jewish Agency and, 25 ; Jew-
ish immigration to Palestine and,
98-99, 1 54 ; Jewry viewed by, 70,
126 ; Mapai party and, 25 ; partitio n
viewed by, 24, 31 ; policy toward s
Palestine Arabs of, 20, 42, 62, 88 ,
roe, io6, 154 ; United States and, 28 ;
Zionist claims to Palestine and, 66 ,
71-7 2
Ben-Shemesh, Shimon, 124
Bentov, Mordecai, 17 0
Bentwich, Norman, 17, 2 1
Benvenisti, Meron, 17 4
Berenson, Zvi, 12 8
Bernadotte, Folke, 84-87, 23 2
Bevin, Ernest, 31, 3 6
Biddu, 5 9
Biram, 85, 98, 105-106
Black September, 19 8
Blockade, 161-162, 164-16 7
Bosnia, 23 4
Botswana, 19 0
Bourkan, Muhammed, 1 3 9
Bowett, Derek, 19 5
Brandeis, Louis, 8, 11, 70
British army, 29, 40, 42, 6 o
Brownlie, Ian, 48, 90-9 1
Buber, Martin, ro b
Buwaishat, 9 8
Byroade, Henry A ., 100, 126, 1 5 5
Cairo, 28, 3 8 , 43, 7 2
Camp David agreement, 179, 22 8
Canaan, Canaanites, 6 8
Canada, 3 3
Carmel, Israel, 9 9
Carmiel, 111-112, 1 3 8-1 3 9
Catholicism, 12 8
Censorship, 145, 147, 20 1
Central Intelligence Agency (CIA), 41 -
42, 101, 161-16 2
Chamizal tract, 9 2
Chancellor, John, 1 9
Charlemagne, 6 9
Child support, 141-14 2
China, 224, 2 33 ; Jews in, 7 0
Christianity, Christians, 68-70, 128 -
129, 1 34- 1 35, 1 4 3
Citizenship : Israel, 126-130, 146 ; Pal-
estinian, 7 5
Cizling, Aharon, 8 4
Clinton, Bill, 22 1
Cocatre-Zilgien, Andre, 9 1
Coerced confessions, 200-20 1
Cohen, Morris, 12
Cohn, Haim, 103, 117, 134
Colombia, 3 6 -37, 2 33
Colonialism, 6-7, 9, 76-77, 86, 148 -
149, 191-196, 210
Commission on Human Rights ,
United Nations, 172, 178, 203, 205 ,
22 2
Committee on Economic, Social and
Cultural Rights, 22 3
Committee on the Rights of the Child ,
22 3
Communist Party (Rakah), 14 1
Complicity, 21 6
Congo, 7 9
Constantinople, 7 2
Constitution, 146-148, 1 53
Convention on the Rights of the
Child, 22 3
Courts, military, 18 1
Crime, international, 20 5
Crimean Tatars, 23 5
Crimean War, 7
Crossman, Richard, 31, 3 8
Cunningham, Alan, 4 1
Curfews, 103, 20 1
Curzon, George Nathaniel, first baron
and first marquis, 10, 23 2
Customs duty, 14 4
Cyprus, 102, 22 9
Czechoslovakia, 79, 8 2, 99, 1 9 1
Dajani, Omar, 3 5
Damascus, 7 2
Danin, Ezra, 5 8
Dawaymeh, 8 5
Dayan, Moshe, 61, 109, 1 55- 1 5 6, 16 9 ,
18 9
Dean, Arthur, r6 6
Declaration of Independence, Pal-
estine, 212-213, 22 5
Declaration of Principles, 1993, Israel -
PLO, 21 7, 22 5, 2 3 4
Declaration of the Establishment o f
the State of Israel, 64, 116, 126, 14 6
Defense (Emergency) Regulations, 23 ,
30-31, 102-104, 106, 108, 11 4, 1 33 -
1 34, 1 45, 147-148, 20 1
DeirYassin, 58-6 0
Democratic secular state, 21 0
Deportation, 1 45, 177, 201-202, 204 -
20 5
Development areas, 112, 11 5
Development town, 142-143
Discrimination, racial, 145-150, 196 ,
212-214 ; in agriculture, 113-114 ,
186-188 ; in banking, II r, 184 ; chil d
support and, 141-142 ; in citizen -
ship, 75, 126-130, 146 ; curfews and,
103, 201 ; in education, 1 4 2 - 1 43 ,
204; in elections, 131-137, 179 ; i n
employment, 114-115, 182-184 ; in
fishing industry, 186 ; in housing, 84,
Index 33 5
10 3, 109, 1 3 8-1 4 1 , 1 55, 201, 205 ; i n
industry, 1 r 1-113 ; Israel Defens e
Force and, 115, 137-143 ; Jewish la w
and, 117-118, 128-129, 1 33, 1 39,
1 47, 1 75- 1 78, 202 ; in Knesset, 1,6 ,
131, 133-134, 163 ; land and, 84-85 ,
105-112, 121-125, 1 74-1 7 6 , 1 7 8 ,
182 ; marriage law and, 118 ; martia l
law and, 106-110, 114, 131-132 ,
135 ; pensions and, 183 ; religiou s
funds and, 143-144 ; social insur-
ance and, 182-184 ; UN resolution o n
Zionism and, 211, 215-216 . See als o
Censorship ; Deportation; Law of
Return ; Nationality Law; Water
Displaced persons . See Refugees, Jew-
ish; Refugees, Palestine Ara b
Druze Arabs, 134-13 8
Dulles, John Foster, 16 6
Dunkelblum, Moshe, 3 0
Dunkelman, Ben, 83
Dunne, John, 18 8
Eagleton, Clyde, 4 7
Eban, Abba, 64, 8 9-90 , 126, 130, 163 ,
165, 16 9
Education, elementary, 14 3
Eg y p t, 2 9, 45, 6 3, 70, 101, 1 35, 1 53 -
1 55, 1 7 8 - 1 79, 209 ; ancient, 6 9 ; 1 94 8
war and, 77-78, 85, 88-89 ; 1956 wa r
and, 156-157 ; 1967 war and, 158 -
167, 169 ; 1973 war and, 1 9 5
Eilat, 159, 16 1
Ein ez Zeitun, 6 1
Ein Hashelosha, 16 3
Elabun, 8 5
Elaraby, Nabil, 3 7
El Bassa, 6 2
Elections, 1 3 1 - 1 37, 1 7 9
Eliahu, Mordechai, 14 1
Eliashiv, Samuel, 9 9
Elon, Menachem, 11 7
Elon, Moreh, 176, 17 8
Emmaus, 16 8
Employment, 114-115, 182-18 4
Epstein, Yitzhak, 5


336 Index Index 33 7

Eretz-Israel, 24-25, 64-65, 71, 116,
119, 172, 176
Ernst, Morris, 29, 33
Er Rama, 61
Eshkol, Levi, 71, 158, 163, 169, 172
Es-Salt, 190, 1 95
Estonia, 2 35
Ethiopia, Jews in, 70
European Commission, 220
European Court of Human Rights, 229
European Economic Community, 204
European Union, 220
Eveland, Wilbur, tor, 162
Expulsion, 1 45, 1 77, 201-202, 204 -
205
Falashas, 70
Farer, Tom, 194
Farmers, 19, 23-24
Fatah, 158, 189-191, 1 95
Feinberg, Nathan, 1o, 48, 88
Feliciano, Florentino, 76
Fighters for the Freedom of Israel
(LEHI ; Stern Gang), 27-29, 40-43 ,
57-59, 78, 8 2, 8 5, 1 4 2
Finland, I5, 22 3
Fishing industry, 18 6
Fitzmaurice, Gerald, 49
Foundation Fund, 17, 121, 12 5
France, 3, 7, 26, sr, 6 9, 74, 100, 102 ,
156, 190, 19 1
Franck, Tom, 14 9
Galicia, 6 9
Galilee, 59, 61-62, 70, 84-86, ro6 ,
109-110, 124, 138-140, 14 5
Galili, Israel, 16 9
Gandhi, Mahatma, 14, 2 5
Gaul, 6 9
Gaza Strip, 97, 1 34, 1 53, 1 55- 1 5 6 , 1 94,
199-200, 223, 237 ; agriculture in ,
186-188; consumer goods and, 188 ;
courts and, 181 ; economy of, 182 -
188 ; industry in, 184-186 ; Israel i
settlements in, 174-181, 218, 228 -
229 ; labor force of, 182-184 ; mili -
tary rule in, 178-179, 201 -205, 21 4 ; 82, 142 ; intelligence assessment of Imperialism, 9, 86, 1 48-14 9
1948 war and, 86, 88-89, 209-210 ; reasons for Arab flight, 62-63 ; liqui - Inbar, Ben Zion, 6 o
1967 war and, 159, 162-163, 168 - dation of, 82 ; 1948 war and, 57-63, India, 25, 16 5, 1 9 3
173 ; resistance to occupation in, 78, 82-83 Industry, Arab, 111-1 1 3
200-205 ; withdrawal by Israel from, Hague Regulations (1907), 178 Institute of International Law, 14, 7 5
156, 209, 221 Haifa, 8, 27, 4 1 -4 2 , 6o, 63, 82, 84, 86, Insurance, social, 182-18 4
General Assembly. See United 10 5, 1 33, 1 4 1 International Commission of Jurists ,
Nations General Assembly Haiti, 37 1 77
Geneva Convention ( 1 949), 1 77- 1 7 8 , Hakim, George, 88 International Court of Justice, 15, 37 ,
202, 204-205 Hambro, Edvard, 47 4 8 -53, 75, 9 1 , 170-171, 19 1
Genocide, 200 Haram al-Sharif, 222 International Covenant on Civil an d
Geraud, Emile, 48 Har Homa, 218-219 Political Rights, 223, 23 1
Germany, 9, 1 5 20 , 27, 2 9, 34, 66, m2, Harvard Law School, 231 International Covenant on Economic ,
198, 228 ; Zionist organization in, 26 Hashomer militia, 6, 17 Social and Cultural Rights, 223 -
Gerson, Allan, 48-49 Hebrews, ancient, 66, 68, 69 22 4
Gestapo, 26 Hebron, 6, 85 International crime, 20 5
Gibbons, Herbert, i r Heiman, Leo, 59 Intifada, 203, 229-23 0
Gish, 8 5, 97 Henderson, Loy, 34 Iraq, 2 9, 45, 59, 1 48, 169, 21 3- 21 4 ,
Goa, 193 Henkin, Louis, 192 215 ; Jews of, loo-,o ,
Golan Heights, 16 3, 1 95 Herzl, Theodor: 4-7, 10 Irgun Zvei Leumi (National Military
Goodrich, Leland, 47 Hijacking, airplane, 196 Organization), 23, 27, 29, 4 0 -43, 57 -
Graham-Brown, Sarah, 188 Hisam, 97 61, 78, 82, 14 2
Granovsky (Granott), Abraham, 4, 30, Histadrut, 17, 20, 113, 115, 131, 1 3 8 , Islam, 68-70, 134-136, 143, 180
12 2 182, 184, 21 3 Israel : ancient, 68-69 ; modern, found-
Great Britain, 6-32 passim, 43, 5 1 , 59 , Hitler, Adolf, 3 3 ing of, 64, 77-8 1
6 9, 76, 78, 87-88, 10 3, 1 5 6 , 2 34, 2 3 6 ; Hod, Mordechai, 16 2 Israel, Supreme Court of, 71, 117, 128-
Balfour Declaration and, 8 ; interes t Hope Simpson Commission, 20-21, 2 3 129, 1 33, 1 39, 1 47, 1 75- 1 7 8 , 202
in Palestine of, 7 ; mandate over Pal- House of Lords, 6 9 Israel Defense Force, 82, 99, 1 47, 1 75 ,
estine and, 16, 48, 74; protection of Housing: demolition of Arab houses , 223 ; Arab members of, 135 ; MSS -
Jews in Levant and, 7, 101 ; with- 8 4, 10 3, 10 9, 1 4 1 , 155, 201, 205 ; in border raids and, 1 54- 1 55, 18 9- 1 9 1 ,
drawal from Palestine by, 4 0 -4 1 , 43, Israel, 138-14 1 195-196, 198-200; expulsion o f
45, 6 3- 6 4, 9 1 , 99; Zionism and, 6-1 0 Huleh marshes, 6 Arabs and, 8z-86, 88-89, 98, 168 -
Greater Israel, 24-25, 64-65, 7r, , r6, Human Rights Committee, 22 3 169 ; Gaza-West Bank civilian popu-
119, 172, 17 6 Hungary, 7 0 lation and, 200-205 ; 1948 war and ,
Greece, 23 2 Hussein (king of Jordan), 169, 21 2 82-86, 88-89 ; 1956 war and, 156 ;
Greeks, ancient, 68-6 9 Husseini, Faisal, 14 6 1967 war and, 161-164; 1982 wa r
Guatemala, 23 4 Husseini, Haj Amin al- (mufti of and, 199-200 ; service in as a crite-
Guerrilla forces, 154, 157-158, 189 - Jerusalem, 3 8 rion for rights or benefits, 115, 138 -
'9 9 Hutchison, E . H ., 3 8 '4 3
Guinea, 190 Hula, 8 5 Israeli air force, 162, 168, 20 0
Guinea-Bissau, 190, 19 4 Israel-Jordan Armistice Commission ,
Gulf of Aqaba, 159, 161, 165-16 7 Ikrit, 85, 105-106, 147 38
Gur-Arie, Benjamin, 14 1 Immigrants, Jewish, 111-112, 140 , Israel Land Authority, 11 2
1 44, 1 77-178 ; to Palestine/Israel, 3 , Israel Lands Administration, 12 3
Ha ' am, Ahad, 4-5, 1 8 20, 27, 3 0 , 97-1 02 , 108, 1 54, 1 5 6 - Israel Lands Council, 12 3
Haganah, 17, 23, 26, 28 -3 0 , 34, 3 8 -43, 1 57 Italy, 69, 10 2
338 Index Index 33 9

Johnson, Lyndon, r6 3 Labor Party, 176, 21 6

Jaba, 8 4 Mandate over Palestine, 14—15, 21, 33 ,
Jones, G . Lewis, ro t Land : confiscation of, 105-110, 174 - 48 ; Balfour Declaration and, 1 8
Jaffa, 17, 4 1 , 43, 61, 63, 86, io 5
Jordan, 74, 82-83, 1 35, 139, 153 - 1 55 , 176, 178, 18z, 203 ; tenure syste m
Japan, 5 1 Mandate system, League of Nations ,
178, 189 ; 1967 war and, 162, 164, and, 121 — 125 ; Zionist acquisition i n
Jauneh, 9 7 1 4- 1 5, 4 8 -53, 75, 1 9 1
168—169, 173, 195, 212, 226. Se e Palestine of, 4-6 . See also Jewish Mapai party, 2 5, 44, 1 3 1 -132, 13 4
Jebel Abu Ghneim, 21 8
also Transjorda n National Fun d Marriage law, 11 8
Jenin, 4 3
Joseph, Dov, 30, 11 8 Landau, Moshe, 17 5 Marshall, George, 33-3 4
Jennings, R . Y ., 1 9 5
Judah, 6 8 Land of Israel, 24-25, 6 4-65, 7 1 , 116,
Jericho, 16 8 Martial law, 106—110, 114, 131—132 ,
Judaism, 68, 118, 128 — 129, 14 2—1 44; 119, 172, 17 6
Jerusalem, 6, 4 1 -44, 5 8 -59, 61 , 6 3, 7 8 , 135
Khazars and, 69-71 ; proselytis m Latvia, 2 3 5
82-84, 86, 90, 93, 10 5, 1 39, 159, 162 , Meir, Golda, 25, 35, 57, 73, 8 2
and, 7 0 Lausanne Arab-Israeli meetings (1948 ,
168, 172, 1 74, 179, 201, 213, 218 - Mekorot (National Water Authority) ,
Judea, 68, 70, 17 4 90 113, I2 0
219,22I — 222,225 —22 8
Judicial review, 14 7 Lauterpacht, Elihu, 4 8 Menuhin, Moshe, 6
Jewish Agency, 16, 18-19, 22-43 pas-
Jurisdiction of Israel courts, r 8 i Lauterpacht, Hersch, 5 , Men, Lennart, 23 5
sim, 131 ; assumption of power in
Lavon, Pinhas, 1 7 Mexico, 9 2
Palestine by, 57- 6 5, 74-86, 92, 116 ;
Law of Return (Israel, 117, 126, 128 —
claim to Palestine of, 66-74, 92 ; eco- Karameh, 18 9 Military government, io6-i ro, 114 ,
Katzav, Moshe, 14 3 129, 140, 1 4 2, 1 44, 2 2 3 131 — 132,13 5
nomic activities of, 113, 119, 1 3 8 ,
Kaukji, Fawzi al-, 38, 4 2 League of Arab States, 29, 100, 237 ; Moore, John Norton, 149, 1 9 2
174; Jewish settlement and, no ,
Kefar Yavetz, 16 3 intervention in Palestine b y Morocco, 102
176; legal status of, 118-119 ; nego-
Kelsen, Hans, 4 7 1948), 34, 3 8 , 43, 6 3, 76-84, 9 2 ,
tiations with Jordan by, 35 ; Office o f Moshavim, 109, 11 5
Absorption and, 142 ; partition Keren Hayesod-United Israel Appeal , 10 7 Mossad, 100, 14 7
17, 121, 12 5 League of Nations, 10, 14-16, 33, 48 - Moyne, Lord, 2 8
viewed by, 2 4, 34, 3 8 , 47 ; recruit-
ment of Jews and, 99—102 ; role vis - Keren Kayemeth Le-Israel . See Jewis h 53, 66, 75, 77, 1 9 1 Mozambique, 190, 1 9 4
National Fund Lebanon, 9, 14, 24, 29, 61, 63, 74, 8 5 , Munich Olympic Games (1972), 19 8
a-vis Israel of, 118-121, 125 ; Settle-
Kfar Anan, 9 7 89, io6, 195, 198-20 0
ment Department and, 124 ; as stat e Muslims, 68-7o, 134-136, 143, 18 0
Kfar Yasif, 9 7 LEHI (Fighters for the Freedom of
in formation, 34, 41, 9 1
Khissas, 4 1 Israel; Stern Gang), 27-29, 4 0-43 , Nablus, 4 3
Jewish labor policy, zo-2 2
Khmer Rouge, 22 4 57-59, 78, 82, 85, 14 2 Nahal-Oz, 16 3
Jewish law, 117-118 . See also Israel ,
Kibbutzim, io6, 109, 11 5 Levin, Harry, 6 2 Namibia, 37, 48-53, 1 9 1 , 1 9 4
Supreme Court of; Jewish Lawyer s
King-Crane Commission, 11—12, 6 9 Liberia, 3 7 Nasser, GamelAbdel, 1 57- 1 59, 16 4
Association; Judicial review ; Juris-
King David Hotel, Jerusalem, 2 9 Likud Party, 17 6 National institutions . See Histadrut ;
diction of Israel court s
Kirkpatrick, Jeane, 21 I Lithuania, 7 0 Jewish Agency ; Jewish Nationa l
Jewish Lawyers Association, 30-3 1
Kissufim, 16 3 Lloyd George, David, 9 Fund; World Zionist Organizatio n
Jewish National Fund, 4, 21-22, 2 5 ,
Knesset, 61, 93, 102-103, 105, 107 - Lydda, 43, 83, 86, r r i Nationality Law (Israel(, 126-130, 223 ,
121 ; economic activities of, 113 ,
108, 112—114, i16 — 118, 120— 12I , 23 1
138, 174 ; Land Developmen t
124, 126, 129, 136, 143—147, 1 7 2 , Maalot, 1 9 9
Administration and, 123 ; land man - National Military Organization (Irgu n
MacDonald, Ramsey, 2 0
agement and, 121-125 ; landpur- 179, 184 ; Arab members of, 1 33 - Zvei Leumi), 23, 27, 29, 40-43, 57 -
chasing b y, 4-5, 17, 28 30, 107, 17 4 134, 163 ; eligibility to serve in, i 16 , MacMichael, Harold, 2 8 61, 78, 82, 14 2
Madrid conference, 21 5 Nazareth, 83, 86, ro5, II1, 1 34, 1 3 8 ,
Jewry : Eastern European, 70-71 ; 1 3 1 , 1 33- 1 3 4
Kollek, Teddy, 101, 131-132, 21 3 McClintock, Robert, 36, 63-6 4 14 1
migration to Ottoman Empire by ,
Koor Industries, 11 2 McDonald, James, 9 8 Nazism, 28 -3o, 33-34, 99, 191 ; reset-
72 ; psychological link to Palestin e
Kretzmer, David, 12 5 McDougal, Myres, 7 6
of, 71-72 ; question of nation status tling victims of, 2 6
Kuwait, 213, 215 McGhee, George, 10 1 Negev Desert, 30, 85-86, 98, io6, 109 -
of, 70, 128-130
McNair, Arnold, 5 o 110, 113, 122, 135, 138, 15 6
Jews : of Arab countries, 99-102 ; num -
Labor : Arab, 114-115, 182-184; law s Majdal, 8 5, 97-9 8 Netania, 16 3
ber in Palestine of, 68 . See also indi-
governing, 114-115 ; migrant, 182-184 Mallison, Sally, 231 Netanyahu, Benjamin, 220, 23 3
vidual countries


340 Index Index 34 1

New Zealand, 22, 51 legal force of, 47-53, 92, 231-232; Reinach, Joseph, 69 Bank, 170, 174-181, 184-185, 216 -
Nuseibeh, Anwar, 63 reaction to, 40, 100 Reisman, Michael, 74 219, 228-229; legality of, 177-17 8
Patai, Raphael, 70 Religious services, 1 43-144 Settlers, Jewish, 180-181, 184-18 5
O'Ballance, Edgar, 82 Patai Wing, Jennifer, 70 Repatriation, 88, 97, 105, 220, 222, Shaham, Israel, 13 8
Obradovie, Konstantin, 171 Peel Commission, 23-27, 30 230-235 Shamir, Itzhak, 85 170, 17 6
Occupation: as basis for claim, 67-70, Peled, Matitiahu, 164 Reprisal attacks, 154-155, 189-191, Shapira, Yaacov, 3 0
92; belligerent, 170, 177-181 Pensions, 183 1 95 Sharaf, Abdel-Hamid, 16 9
O'Connell, Daniel, 90-91 Peres, Shimon, 1o8 Resolution r8, . See Partition Sharett (Shertok), Moshe, 47, 62, 84,
Oil, 161 Permanent Mandates Commission resolution 92, 108, 128, 155-15 6
Oliphant, Laurence, 4 (League of Nations), 15 Rhodes, Cecil, 7 Sharm el-Sheikh, 159, 16 1
Operation Nachson, 58 Philippines, 37 Rhodesia, 7, 31, 92 Sharon, Ariel, 155, 201, 222, 22 3
Organization of African Unity, 148 - PlanD, 57-58 Rikhye, Indar Jit, 159-16o Shatilla refugee camp, zo o
1 49, 1 7 1 , 1 94, 211 Poland, 3, 28, 69-70, 72, 99, 191 Rodinson, Maxime, 149 Shaw Commission, 19-2 0
Oslo agreement, 217, 234 Pogroms, 3 Roosevelt, Franklin, 29 Shechem, 4 3
Ottoman Empire, 4, 11, 72 Popular Front for the Liberation of Pal - Rosenne, Shabtai, 35 Shertok (Sharettl, Moshe, 47, 62, 84 ,
Ottoman law, 75 estine, 1 95, 1 9 8 Royal Air Force, 42 92, 108, 128, 1 55- 1 5 6
Population numbers, Palestine Arab, Ruppin, Arthur, 20 Shfar'am, 1 3 4
Pakistan, 33, 45, 1 9 0 86 Rusk, Dean, 65 Shipler, David, 19 6
Pale, Jewish, 3 Portugal, r90, 193, 211 Russia, 3, 1 5, 79 ; Crimean War and, 7 ; 5hona, 7
Palestine : ancient, 3, 67; modern state - Progressive List for Peace, 134 Jews in, 69 ; Zionism in, 4 Shwartz, Michael, 18 3
hood of, 204 Property, of Arab Refugees, 84-85, Silberg, Moshe, 71, 128, 17 0
Palestine Foundation Fund, 17, 121, 105-106,109,111-112,233 Sabra refugee camp, 200 Sinai Peninsula, 4, 88-89, 110, 156,
125 Safad, 6, 61, 86 159, 162-164, 195, 209, 22 8
Palestine Land Development Com - Qadis, 136 Saffuriya, 84 Six-Day War, 158-16 7
pany, 18, 22 Qalqilya, 168 Samaria, 68, 174 Sloane, F . Blaine, 47-4 8
Palestine Liberation Organization, Qatia, 97 Samuel, Herbert, 16 Sneh, Ephraim, 18 3
1 34, 1 46, 1 57, 18o, 1 95- 1 9 6 , 1 9 8 - Qazaza, 42 Sasson, Elias, 57 South Africa, 48-52, 107 124-125 ,
200, 212, 213, 214, 216, 217, 221, Q ibya , 1 54- 1 55, 168 Saudi Arabia, 2 9, 45, 77, 166 128, 148-150, 190-191, 21 0
2 35, 2 3 8 Qiryat Shmona, 199 Saunders, Harold, 199 Southern Rhodesia, 7, 31, 9 2
Palestine National Council, 210, 212, Schattner, Mordechai, rob South-West Africa, 37, 4 8 -53, 1 9 1 , 1 9 4
225 Rabbinate, 144 Schools, 142, 1 43, 2 04 South-West Africa People's Organiza -
Palestine National Covenant, 52, 191, Rabbinical courts, 118 Security Council . See United Nations tion (SwAPo), 191, 21 9
209, 210 Rabin, Itzhak, 156, 158-159, 161, 164, Security Council Sovereignty, vacuum of, 91-9 2
Palestine National Liberation Move - 185, 198, 203, 217 Segev, Itzhak, 18o Soviet Union, 99, 158, 16 3, 21 3
ment, 158, 18 9- 1 9 1 , 1 95 Racism . See Discrimination, racial Self-defense, 75, 77, 79, 9 2 , 1 54, 162 - Spain, 79, 91 : Jews in, 69-7 0
Palestinians, as a people, 73-74 . See Rakah (Communist Party), 141 163, 165-167, 1 7 2 - 1 73, 1 9 1 , 1 95, Special Committee on Palestine ,
also Arabs of Palestine ; Deporta- Ramleh, 43, 83, 86, II' 1 99 United Nations, 1 5, 3 2-33, 35-3 6
tion ; Discrimination, racial Recognition, 90-91 ; of Israel, 9 0 , 93, Self-determination, 18, 2o, 24, 33-34, State symbols, Israel, 16 6
Palmach, 41, 59, 61-62, 83 170, 212, 217 ; of Palestine, 212-213, 37, 44, 5 2-53, 74, 1 49, 1 53, 1 73, 209, Stern, Avraham, 2 7
Palmerston, Henry John Temple, Vis - 217 236 ; Balfour Declaration and, 10-12 ; Stern Gang (Fighters for the Freedo m
count, 7 Red Cross, International Committee in League of Nations Covenant, 14 - of Israel; LEHI), 27-29, 40 -43, 57 -
Palmon, Yehoshua, 131-133 of, 8 5, 1 99 16 ; right to use force and, 190-197 ; 59, 78, 82, 85, 14 2
Partition proposal, 24 Refugees, Jewish, 26, 28 in UN Charter, 66-67, 77 Stone, I . F., 3 r
Partition resolution ON General Refugees, Palestine Arab, 84-88, 154 - Semiramis Hotel (Jerusalem(, 43 Stone, Julius, 69, 74, 1 9 2 , 1 9 4
Assembly), 3 6-37, 44-53, 57, 6 3- 6 4, 158, 168-169, 182; repatriation of, Senegal, 190 Storrs, Ronald, 8
66, 77-79, 1 33, 148, 213, 22 5, 2 3 6; 88, 97, 105, 220, 222, 2 3 0 - 2 35 Settlements, Gaza Strip and West Straits of Tiran, 161-162, 164-167


Index Index 34 3
342

216 ; self-determination and, 67 , Weitz, Joseph, 2 5

Suez Canal, 1 5 4 Um-el-Faraj, 9 8
Union of Soviet Socialist Republics , 179 ; trusteeship proposal for Pal- Weizman, Ezer, 164-165, 16 9
Suicide bombings, 22 2
99, 158, 163, 21 3 estine by, 31, 44, 62-63, 6 5 Weizmann, Chaim, 7-8, 12, 16, 20, 25 ,
Sulzberger, Arthur, 2 9
United Arab Republic . See Egypt ; United Nations Security Council, 47 , 62
Sussman, Yoel, 13 4
Syri a 59, 7 6 , 1 54, 1 58, 1 93, 1 97, 218-219 , Welles, Sumner, 3 6
Sweden, 1 5
222, 227, 2 33, 2 37 -2 3 8 ; cross-borde r
Sydenham, Lord, 6 9 United Kingdom . See Great Britai n West Bank, 68, 78, 86-87, 89, 98, 1 34 ,
raids and, 1 54- 1 55, 1 57, 189-191 ,
Sykes, Christopher, 4 1 United Nations, 31-40 passim, 92 , 1 39, 18 9-1 90, 1 94, 1 9 6, 1 99, 22 3 ,
195, 198-200 ; Israel ' s UN member - 237 ; agriculture in, 186-188 ; aquife r
Sykes, Sir Mark, 8 168-169, 210-212 ; Ad Hoc Com-
mittee on the Palestine Question , ship and, 87-90, 222-224 ; 1948 wa r and, 187-188 ; consumer goods and,
Sykes-Picot Agreement, 8
and, 77-81 ; 1956 war and, 156; 196 7
35-3 6 , 50, 52 ; Commission o n 188 ; courts and, 181 ; economy of,
Syria, 4, 7, 9, II, 14, 24, 2 9, 3 8 , 4 2 , 45 , war and, 163, 171-172, 222, 225 ;
Human Rights, 172, 178, 203, 205 , 182-188 ; industry in, 184-186 ;
59, 73-74, 77, 8 9, 100, 1 55- 1 5 6 , 1 99 ;
222 ; Committee on the Exercise o f 1 973 war and, 195 ; Palestine state Israeli settlements in, 174-181, 218 ,
1967 war and, 158-159, 16r-165 ,
the Inalienable Rights of the Pales- and, 212 ; partition and, 44-46, 50 , 228-229 ; labor force of, 182-184 ;
169; 1973 war and, 1 9 5
tinian People, 211 ; Economic an d 53 ; peace process and, 215, 221-222 ; lawyers and, 202 ; military rule in,
trusteeship and, 44-4 5 179-181, 201-205 ; 1967 war and ,
Taibe, 11 4 Social Council, 186 ; Emergency
Force, 156, 159-162, 164 ; Hig h United States, 92, 100, 203-204, 213 - 153, 163, 168-173 ; resistance t o
Tariffs, 18 5
Commissioner for Refugees, 234 ; 214, 218-219, 236 ; Anglo-American occupation in, 200-205 ; withdrawal
Tel Aviv, 36, 58, 78, 93, 176, 19 8
Israel's membership in, 87-91 ; Pal- Committee of Inquiry and, 31 ; Dei r by Israel from, 209, 22 1
Territory, in international law, 67-70 ,
estine Conciliation Commission , Yassin killings and, 58 ; Jewis h Western Sahara, 37, 9 1
92-9 3 Agency and, 27-28 ; Jewish immigra-
87-88, 111, 232 ; Relief and Works White Paper (Britain,' 939), 2 7
Terrorism, 145-146, 1 75- 1 7 6 , 1 95 -
Agency for Palestine Refugees in the tion to Palestine and, 30, 33-34 ; Wilson, R . D ., 4 1
1 97 Jews in, 28, 57 ; 1 948 war and, 77 ,
Near East, 204; Special Committe e Wilson, Woodrow, 1 1
Threat to peace, 19 4
on Palestine, 1 5, 3 2 -33, 35-3 6; Spe- 88-89; x956 war and, 156 ; 1967 wa r Witkon, Alfred, 133, 17 5
Tiberias, 6, 59, 8 6
cial Unit on Palestinian Rights, 211 ; and, 161-163, 168 ; partition of Pal- Workers Party of Eretz Israel, 2 5, 44 ,
Tiran, Straits of, 161-162, 164-16 7
Truce Supervision Organization , estine and, 32-37, 44-47, 50; peace 131-132, 13 4
Tireh, 4 1
process and, 215, 21 7 World War I, 8 -9, 33, 7 4
Toledano, Shmuel, 6 r 154, I 58 ; Trusteeship Council, 51 ,
Universal Declaration of Human World War II, 27-2 8
Torture, tor, 20 5 93 . See also United Nations Char -
Rights, 23 1 World Zionist Conference, 2 8
Toubi, Tawfiq, 124, 127, 13 4 ter; United Nations General Assem-
bly; United Nations Security Universities, 142, 204 World Zionist Organization, 17, 26 ,
Toynbee, Arnold, 21, 28, 34, 5 8, 109 ,
Upper Nazareth, 138-139, 14 1 69, 116, 119-120, 125, 213 ; congres s
15 0 Council
United Nations Charter, 33, 45, 49 - Uprising, Palestinian, 203, 229-23 0 of 1897, 4, 10 ; congress of 1903, 6 ;
Transjordan, 22, 24-25, 2 9-3 0 , 35, 3 8 ,
UThant, 159-16 0 congress of 1905, 5 ; congress of
43, 74, 77-78, 80, 87, 89, 9 2 , 109 , 52, 66 - 6 7, 75-77, 80 , 8 9, 147- 1 48 ,
162-163, 165, 171-172, 1 9 1-1 97 , Uti possidetis, 91-9 2 1937, 2 5 ; economic activities by,
153 . See also Jorda n
20 3 113, 122, 170, 174, 185 ; League o f
Treblinka, 3 7
United Nations General Assembly, 93 , Versailles Conference, 10-14, 6 9 Nations and, 16 ; legal status of ,
TrevorRoper, Hugh, 7 2
187, 192-193, 196, 200, 202, 227 ; Victor Emmanuel III (king of Italy), 6 , 118-119 ; role vis-a-vis Israel of,
Triangle (Central Palestine), 43, 97 -
conciliation commission, 87-88; 47 118-12 1
98, rob, 109, 11 4
force of resolutions by, 47-53 ; Village leagues, 18 o Wright, Quincy, 18, 90
Tripoli, Libya, 6
Vorster, John, 149
Truman, Harry, 64-65, 2 3 7 Israel's uN membership and, 87-90 ;
1967 war and, 163, 165, 169, 171 - Yalu, 16 8
Tulkarm, 4 3
Wadi Ara (Little Triangle), 9 8 Yazar, 4 1
Tunis, zoo 172 ; observer status of Palestine in ,
Waqf property, ro 9 Yemen, 29, 45, 70 : Jews of, 100-10 2
Tunisia, 200 210, 213, 221 ; partition recommen-
War, state of, 166, 18 9 Yugoslavia, 2 3 4
Turkey, 4, 6, 15, 66, 71, 73, 22 9, 2 3 2 dation and, 36-37, 4 0 , 44-53, 62 - 6 4,
War crimes, 20 5
225 ; peace process and, 211-212 ,
War of 1 94 8 , 4 0 -44, 57- 6 5, 82-8 6 Zambia, 19 0
Uganda, 6, 7 8 238 ; power over territory of, 47-53 ;
resolution on Zionism by, 211, 215 - Water, 113, 187-188 Zimbabwe, 148, 194
Ukraine, 72

344 Index
Zionism, 2-13 passim, 16-z5 passim ,
3 1 -3 2 , 7 1 -73, 99-100, 116-125 ,
131, 215-216, 236 ; Balfour's view s
on, 10–1 i ; impact on Palestin e
Arabs of, 4-5, 16, 18 ; origin of, 3-4 ;
Palestine Jews viewed by, 6 ; u N res
olution equating racism and, 211 ,
215–21 6
Zionist Executive, 24, 2 6
Zionist Federation of America, 8
Zionist Federation of Great Britain, 8
Zionist Organization of Canada, 140
About the Author. John Quigley is Professor, Col -
lege of Law, and Adjunct Professor, Department o f
Political Science, The Ohio State University . He i s
the coauthor of Treatment of Palestinians in Israel i
Occupied West Bank and Gaza, as well as severa l
books on Soviet law .
Library of Congress Cataloging-in-Publication Data
Quigley, John B .
The case for Palestine an international la w
perspective .—2nd ed .
p . cm .
Rev . and expanded ed . of: Palestine and Israel . 1990 .
Includes bibliographical references and index .
ISBN 0-8223-3527-1 (cloth : alk . paper)
ISBN 0 -822 3-3539-5 (pbk . : alk . paper )
1 . Arab-Israeli conflict . 2 . Israel—History-. 3 . Pales -
tinian Arabs—Israel . 4 . West Bank . 5 . Gaza Strip .
I . Quigley, John B . Palestine and Israel . II . Title .
os119 .7 .Q7219 200 5
95 6 .04—dell 200402 1 2 6 3