ISRAEL- PALESTINE CONFLICT


    All India Human Rights Association (AIHRA)



 

ISRAEL- PALESTINE CONFLICT:

A BRIEF INTRODUCTION

 

 

Written By: ABHIRA SHUKLA

B.Sc., LL.B

DR. BHIM RAO AMBEDKAR UNIVERSITY, AGRA

 

EDITED BY: Yash Jain
5th Year B.B.A. LL.B.
Amity Law School, Noida

 

INTRODUCTION

 

Recently we have witnessed violence in the turf of Israel and Palestine on May 6, 2021. As per the sources around 250 and more Palestinians were slaughtered in the violence and two thousand were wounded, on the other side at least 13 Israelis causalities in the violence for 11 days. According to a report by the UN surmise that more than 72,000 Palestinians were compelled to displace by the violence.

The Palestinian-Israeli conflict is a hundred years old conflict of what happens when two people claim inalienable rights to the same piece of land. The whole chaos was done when the British made a complete muddle of things with their post-world war I nation-building exercise in the Middle East, and opportunities for peace have been missed neglected since.

 

Israel-Palestine Conflict: A Critical Analysis:

The dispute between Israel and Palestine revert to the end of the 19th century when in 1947, the UN adopted Resolution 181, the Partition Plan. The plan was to divide the British authority of Palestine into Arab and Jewish states. The rise of Israel instigated the war as the Israel set up on May 14, 1948, which leads to the first war between Arabs and Israelis but when the war ended it impacted 750,000 Palestinians who were displaced and scattered. The whole state was divided into three zones which are: The state of Israel, The West Bank (of the Jorden River), and The Gaza Strip.

In 1967 war broke out again which resulted Israel in possession of the West Bank and Gaza Strip, both were home to a large Palestinian population which is utmost important for today’s conflict. The West bank since then is under Israeli possession but is indirectly controlled by the Palestinian authority. On the other hand, ‘Hamas’, an Islamist fundamentalist party has its influence and control over Gaza and is under Israeli blockade but not ground troop occupation.

The inference drawn in short is that first, Palestine wants Israel to stop all expansionary activities and pull back to pre-1967 borders as Palestine intends to form a sovereign state in the West Bank and Gaza accompanied by East Jerusalem as its capital. Israel contrastingly wants is to be identified as a Jewish state and wants the Palestine refugees to return only to Palestine, not to Israel.

v GEOGRAPHICAL IDENTITY:

 

If we talk about Palestine, it is in the Eastern Mediterranean region and the Palestinian lands of the Gaza strip; alongside the coast of the Mediterranean Sea and the West Bank (west of the Jorden River). The Palestinian region is recognised as the sanctified land and is sacrosanct among Jews, Christians, and Muslims. The Plain of Akko i.e. Acre region on the north side mostly elongate with a breadth of 5 to 9 miles (8 to 14 km) for about 20 miles (32 km) from the Lebanon border within the north to the Carmel promontory, In Israel, within the south, where it tapered to a mere 600 feet (180 metres);”[1]. The word derives from the Greek word ‘Philistia’ as to the land of the Philistines. In the 2nd century, CE Romans called it “Syria Palaestina” as it is in the southern portion of the province of Syria.

Israel is a small, semi-arid country sited in the Middle East, along the eastern coastline of the Mediterranean Sea, bordered by Lebanon, Syria, Jorden and Egypt. This small country is a junction to the three continents i.e. Europe, Asia and Africa. About 35 centuries ago Jewish people give up their peripatetic life and settled in the land and become a nation. “Israel is about 290 miles (470 km) in length and 85 miles (135 km) in breadth at its widest point;”[2]

v HISTORICAL BACKGROUND:

"One side features a state, the opposite one does not,” said Doctor Serpil Atamaz who is a professor in the Department of History and Director of the Middle East and Islamic Studies Program at California State University in Sacramento. He said, it is not only about land but also about having the proper right to self-determination. It is not a friction between Jews and Muslims or Jews or Arabs said the professor. It doesn't return to the biblical times or the Old Testament in the least. This is relatively a modern conflict;”[3]

 

Ancient History:

The Israel-Palestine is the most and the world’s longest-running conflict. The tension affirmed to be rooted date back to 957 BC when King Solomon built the first temple in the Israeli kingdom which was destroyed by the Nebuchadrezzar-II of Babylonia in around 587-586 BC. In 538 BCE, the Babylonians empire, the ancient Akkadian speaking state were defeated by the Achaemenid empire whose king Cyrus allowed the Jews to go back to ‘Judah’ the place in the south, where they rebuilt second temple of Solomon. Later in 70 CE the Romans looted the second temple of Solomon and destroyed it. Afterwards the Bar Khokba Revolt of 132-136 AD, ‘Hadrian’ the roman emperor expelled all Jews from Jerusalem. He to a greater extend by eliminating traces of Jewish presence in the province and rename it from Judah to Syria Palestine.  He outlaw the practice of the Jewish faith and destroyed the association of Jews.

Israel was conquered and ruled by a series of Persians, Romans, Greeks, Arabs, Fatimids, Seljuk Turks, Crusaders, Egyptians, Mamelukes and finally the Ottomans.

Modern History:

The Modern history of Israel-Palestine starts with the Ottoman Empire which reigned much of West Asia including the Israeli region from 1517 to 1917. “Theodor Herzl, Austro-Hungarian born who was a Jewish and journalist by profession somewhere near in the nineteenth century, implant the thought of a Jewish motherland for the Jewish people in Palestine. This thought came to be referred to and spread as Zionism, which found many followers among the Jews in Europe, where Jews were facing discrimination and even pogroms;”[4]

British government during the first World War in the hope to gain support from the Jewish section in 1917 announced the ‘Balfour Declaration’ which promised that “the Jewish people can establish a nation-home for them in Palestine” but this whole offer was contradictory to what British had already assert to ‘Sharif Hussain’ the ruler of the Mecca in 1915 that he would take over the region of Palestine region if he led an Arab rivalry against the Ottomans which he did accordingly.

 

After World War I:

When the world war was over, the British established a dependency in Palestine until the Palestinians were ready to be in-charge themselves. They called it ‘Mandatory Palestine’ as per the League of Nations mandate. When the Jews were compelled to expel from Europe, they in the hope and expectation of creating their homeland marched to Palestine. It was recorded that from 1920 to 1930 the population of Jews in Palestine increased by hundreds of thousands. In 1936 the Palestinian Arabs outbreak against the British but it was suppressed by them with the help of Jews. World War II broke out and during it, many Jews escape from the Holocaust. They were brought to Palestine illegally by the Jewish organisations. It all gets off from the British and nothing can be resolved by the British, they decided to hand over the problem to the United Nations proposed to partition and divide Palestine by separating it into one for Palestine and another for the Jewish state, but it was rejected by the Arabs.

v FACTORS OF ISRAEL-PALESTINE CONFLICT:

There are several reasons for the Israel-Palestine conflict dating a century back, but the roots were grown when the British government implemented a Mandate for Palestine for the establishment in Palestine of a homeland for Jewish people. This grows into Jews-Arabs sectarian quarrel. However. When we study the conflict the factors which can be inferred from it are Ethnic, National, Historical and Religious. We will study the factors under these heads to have an understanding of the conflict.

Ethnic Factor:

The exodus of Jews to Palestine due to the execution of the Zionist movement in 1882 to establish a homeland for Jewish people. This leads to the war between Jews and Palestinians in 1948, which rise the whole state of Israel. In the war of 1948, many Palestinians were forced to leave Palestine and took shelter in Arab countries and become refugees, while other Palestinians had to become Israeli citizens. “According to Arian et al. (2008),  87%  of  the  Israeli  survey  claims  that  the relationships  between  the  Jews  and  Arabs  in  Israel  are  the main  problem  facing  the  Israeli society (next comes  the relationship between  rich-prosperous and  poor people and  in  the last, third place the seculars and religious);”[5]

National Factor: It is paramount for today’s scenario as Israel in possession of the West Bank and Gaza strip after the war of 1967, the two lands home to a large Palestinian population. The Israeli troops implement Israeli security restrictions on Palestinian movement, and activities and Jews settlers expanding their faction in the West Bank to rebut the land to Palestinians. In addition to this, Gaza is controlled by Hamas, an Islamist fundamentalist party that is under the blockade of Israel.

What is the solution to this long-running conflict, “a two-state theory or one state which can be either big Israel or one big Palestine”?

 

Historical and Religious Factors: In above we have already briefly discussed the historical factor in the brief history of the conflict, we will discuss the religious factor which has impacted the conflict till today. Zionist are so-called extremists of Israel, who see themselves as guardians and definers of the Jewish state. In Jewish and biblical history Jerusalem also has its importance as it was the capital of Israel in the reign of King David.

 

“From 1920 to ‘30s, Mufti of Jerusalem named ‘Muhammad Amin al-Hussayni’ strived to stop Jews from buying Arab land by persuading Arabs to donate their land to an Islamic holy trust, known as a ‘Waqf’, bequest has been made by a Muslim for a religious, educational, and charitable cause, where the land would be withdrawn from purchase by Jews. Without a known authority for its truth, Al-Hussayni spread the word that Jews were going to take over the Temple Mount and Haram al-Sharif and that stirred up animosity among the Arabs. This was one of the leading causes of the riots of 1929, where Jews were attacked in Hebron, Safed and Tel Aviv;”[6]  “Religious morale build up greatly after the 1967 war, because of Israel’s military victories over its Arab enemies. Religious Jews began to believe that their victories were a sign from God that the Messiah was on His way. They believed their victory was a sign from above to redouble their efforts in settling all the land that was part of ancient Israel, from the Mediterranean to the Jorden;”[7]

 

v INVOLVEMENT OF SUPER-POWERS:

 

USA: The United States of America had played a crucial role in the Israel-Palestine conflict for more than half a century. USA involvement is after World War II with the UK relocating the Holocaust survivor to Palestine. It was the USA that initially gave recognition to Israel as a sovereign nation in 1948. The USA also mediated along with other super nations like France, Russia and Britain after the 1967 Six-Day war. “The United States foreign policy changed in the war of 1973 because Arab oil producers were imposed a ban on due to harmful oil production as per the notification by the US, and it brought the United States—which supported Israel—and the Soviet Union—which armed Egypt and Syria—close to a nuclear confrontation after a period of détente. The war of 1973 was proved to be a boon for recognition of Palestine Liberation Organization (PLO) for Palestinian cause along with Arab League.”[8]. American President Mr Joe Biden has supported a two-state solution, the Israel and Palestine state same as existed before the 1967 war.

 

RUSSIA: Russia on a diplomatic level always portrayed itself as a peacemaker and fundamental actor in the conflict. Israel has a great influence in Russia as the powerful Jewish lobby and investors in Russia built pressure on the lobby. On the other hand, many Russians live in Israel which is also a matter of concern for President Putin. “The head of the Foreign Relations Council of the Russian Federation, Mikhail Margelov on September 10, 2004, articled, which is titled ‘Middle East Horizons of Russian Politics: Russia returns to one of the world’s key regions’, wrote:

President of Russia Mr Vladimir Putin called for the revival of contracts with the countries with which Russia maintained long friendly relations and invested a lot of material and intellectual resources. The Arab countries are one of those friendly and large parts of those counties. ... In general, the stand of Russia and the majority of Arab countries on key issues of development of the political situation in the region coincide with each other.”[9]

“Russia designate West Jerusalem as Israel’s capital as per the sources of Al Jazeera, Russia stand for both the opposing sides in the Israel-Palestine conflict which is not bias and not at all diplomatic.”[10]

 

INDIA:  India’s policy has always shift from pro-Palestine initially for four decades and later three-decade-old bonds with Israel. Now at present, India’s position has been perceived as pro-Israel. In 1992 India normalise its relationship with Israel after the break-up of the USSR and the Palestinian Liberation Organisation’s best clout in the Arab world. In 1992 India also establish its embassy in Tel Aviv, which marked the end of four decades of tension between Israel and India. “PM Jawaharlal Nehru’s argument for the decision to recognise Israel was that it was an absolute fact that not doing so would create enmity between two UN members.”[11]

 

India was one of the countries which voted against the Partition Plan at the UN General Assembly in 1948 as that time India’s energy-dependent on the Arab countries and also they had to look after the Muslim sentiments. In 1967 & 1973 India openly opposed Israel and lashed out. Narassimha Rao govt. established a diplomatic relation and policy with Israel by opening a Representative Office in Gaza.

 

From 1992 the India-Israel relationship continued to grow. BJP-led. PM Atal Bihari Vajpayee was in charge of the office that deals ‘firmly’ with terrorists. In 2000, Advani was the first minister to visit Israel and later followed by Jaswant Singh.  Ariel Sharon was the first Israeli PM to visit India, he visited India in 2003. Lately, we are familiar with the fact that PM Modi has built a strong diplomatic relationship with Israel.


v HUMAN RIGHT VIOLATION:

The Israel-Palestine conflict is going on for ages but the legal fight and physical battles began in 1972, this happened when the Israeli settler group told Palestinian families living in the city that they trespass on the land which is owned by Jews. Accordingly to ‘Peace Now’ an activist group Palestinians are at risk of expulsion and 20,000 Palestinian homes are in danger of being demolished. According to the Human Right Watch, in East Jerusalem and other areas, Israel have discriminatory policies which include confiscation of property and containment of Palestinians, they forcefully push Palestinian from their residence. “Illegal use of stun grenades, rubber-coated bullets, and severe beatings by Israeli army soldiers was reported by the New York Times.”[12] “Many mass arrests, unlawful force and detentions were imposed on peace-making groups, people and activists in Palestinian region.[13]

 

“Thirty-one Palestinian which includes nine children were brutally killed by Israeli army said Amnesty International in a report.”[14]. Reports show that Palestinian civilians were punished collectively, detained unlawfully and prohibited to cross-borders even in the need of medical emergencies. Recordings of inhumane treatment of Palestinians by Israeli soldiers in detention and prisons have been found and telecast. Israel being condemned by Human Right Watch for committing crimes against humanity, persecution and apartheid against Palestinian in their own country.”[15].“The murder rate against Palestinian citizens of Israel increased 25 times which is proportional to the Jewish citizens of Israel, which constitute almost 80% of the population.”[16], “Hundred and ten Palestinian civilians were killed in 2021 by the Israeli army which is recorded the highest of all in decades, reported an NGO named AMAN.”[17]

 

“Israel has illegally sheltered approximately 41,327 refugees and asylum seekers which were mostly from the Eritrean and Sudanese nationals which are designated as conflicted areas as per the report of UN refugee agency UNHCR. Only 1% were granted refugee status. These Asylum seekers had no legal access and fair status to be the part of determination procedures, not even any means of economic support.”[18]

 

v CONFLICT AND THE UNITED NATIONS:

 

United Nations is a peace establishing organisation that prevents wars and conflicts among states. However, the Middle East conflict imposes the UN initiatives for peace and are familiar with the fact that the British when failed to keep up Mandatory Palestine they handover whole conflict to United Nations. After the war of 1947-48 the origin of Israel and the war between Arab and Jewish, the refugees wanted to come back to Palestine and as per Resolution 194 UN granted the refugees. UN followed by recommended Resolution 181 to separate the region into Jerusalem city, the Jewish state and Arab Palestine but this has not been resolved till today. UN also tried to mediate the conflict which can be listed as down below:

 

·       Partition Plan: UN brought Resolution 181 to divide the Palestine in Arab and Jewish states.

·       The violence of peace: “This idea came from Resolution 54, which protects the order of the usage of violence explaining that any violation of peace will be obliged the UN to take further actions against it. This resolution instead of enforcing, breach the peace and no actions were taken.”[19]

·       UN Truce Consular Commission for Palestine (Conference in Lausanne): In 1949, the UN tried to negotiate on borderlines of the Palestine partition but did not turn up on any conclusion, instead Israel got the chance to become a member of the UN on May 11th, 1949.

·       Security Council Resolution 242: “UN proposed a mediation proposal to cease the independence claims of all parties involved in the conflict which was supported and accepted by Jordan, Egypt and Israel but Syria and Palestine were against it and disapproved of it. As a result due to disapproval of Syria and Palestine, the resolution 242 couldn’t be enforced.”[20]

 

These were some negotiating efforts that were failed by the UN still it putting efforts to carry out its obligations to the right of Palestine to self-determination. In the current scenario, UN has been questioned about the failure of passing at least one resolution concerning Israel-Palestine. “The UN Council is under threat of becoming a “silent witness to the demise of the two-state solution said, the New Zealand Foreign Minister Mr Murray Mccully.”[21]

UNSC is also seen as a failure to take any action in resolving the conflict as no form of action has been seen from one part of the council.

 

v HOW THE CONFLICT CAN BE RESOLVED?

 

·       Unilateral Measure: After years of negotiations and no solution, the possibility seems to call for unilateral action. The unilateral action might be significant or can withdraw positive outcome, some may see it as no final settlement but it shows the possibility to reserve the two-state plan. “To preserve the two-state plan for future and prohibiting proactive Israeli destruction plan and to withdraw its illegal occupation, The Institute for National Security Studies have suggested some ‘co-ordinated unilateral’ plans for future benefits.”[22]

 


The Positive impact of unilateral steps can be:

Ø  Israel may stop settlement expansion beyond the wall.

Ø  Leniency towards restrictions on Gaza.

Ø  Re-designating areas of West bank.

Ø  Lift the impediments to Palestinian economic development.

Ø  Dislodge the restrictions on Palestinian election in East Jerusalem, Gaza and West bank.

Ø  Freeing Palestine prisoners.

These measures may reserve the two-state solution but at the same time, they can be dangerous or violent which automatically hindered the peace in Israel-Palestine most likely in the Middle East.

·       State-minus Approach of Israel: The preponderance of the Israeli conservative, right-wing favoured the “State-minus Approach” as the two-state solution seems impossible to attain. This “State-minus Approach” is some form of one-state outcome which was also supported by American President Donal Trump but declined by the Palestine-Arab world. This approach will give Israel control over the full territory which would cause prejudice to Palestinians, discrimination and unequal rights for the Jewish or maybe the binational state which has always been the subject of conflict and would not last the peace in the state.

·       Interim Measures: The Interim measures are some kind of ‘transitional arrangements’ which will present a two-state outcome without guarantees to achieving a two-state solution. “In a session of UN General Assembly, the representative of Palestine, President Mahmoud Abbas stated that they will not accept any temporary solution or a fragmented state, he added.. ‘Palestine has held a dignified position for many years and will continue to hold for the foreseeable future’.”[23]


v CONCLUSION:

In this research we have studied the conflict from its various dimensions and point of view,  Israel-Palestine dispute is one of the longest-running conflicts in the world whose solution or the endpoint is not been drawn till today. We have studied the geo-political significance of Palestine and how the whole conflict gave birth to a rising superpower Israel in Western Asia as a whole new state. In this research, we have come across historical aspect like the settlement of Jews, Muslims (Arab), and native Palestinians. Ethnic, National, Historical and Religious factors play their part in the conflict. We saw how superpowers like the USA and Russia time to time-shift their diplomatic stands instead of resolving the conflict and how Indian diplomacy has been over the decades. The United Nations, which speaks of human rights violations in the Israel-Palestine conflict has always looked in a distressed position and helpless to make a way out of it. The mediation process looks impossible to happen and the UN is portrayed as the only chief spectator in the whole conflict. The United Nations from the emergence of the unfortunate conflict tried to resolve it in other ways too like Unilateral measures, the State-minus approach of Israel and Interim measures as well but it seems like a long wait until coming to any full and final endpoint.




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