ABOUT THE BOOK

Palestine and the Law is a comprehensive study of the international legal principles and framework concerning the question of Israel and Palestine.

Written by the renowned public international lawyer, Professor Musa Mazzawi, and published in 1997, the book provides legal guidelines for the resolution of the conflict. It covers in detail the period from ancient times until the Oslo accords of 1993, focussing on the origins of the conflict, the Mandate system for Palestine, the validity of the UN Partition Resolution and the continuing role and status of the United Nations in relation to Palestine. It also considers the status of Jerusalem, designated by the UN in the Partition Resolution as a special international zone or corpus separatum, given its significance to three major world religions.

The book makes the legal case for the continuing validity of the UN Partition Resolution; interpreting UN Resolution 242 to support Israel’s withdrawal from the occupied territories; the Palestinians’ right to self-determination; and the extent of the right of return for Palestinian refugees.

Grounded in a rigorous analysis of the law, the book also draws on detailed contemporaneous source material, including records, interpretations and policy emanating from the UK and US governments, members of the United Nations Security Council and the founders of the State of Israel. It can be seen from this study that the policy stance of significant actors in the conflict has shifted over time. The book explains the thinking and legal framework applicable from the early days of the State of Israel, and their continuing validity.

Palestine and the Law has drawn praise for its extensive analysis of, and adherence to, the legal position and its avoidance of political argumentation. The book also considers and critiques in detail the various arguments concerning Israel-Palestine raised by jurists of all perspectives.

Palestine and the Law remains highly relevant today. It provides a unique and comprehensive exposition of the legal framework within which a legitimate peace settlement could now be drawn, based on applicable legal principles and frameworks alongside a detailed consideration of the policy drivers and manner in which those principles and frameworks were developed. It is an invaluable resource for anyone seeking a deeper understanding of the legal dimensions of the Arab-Israel conflict and the parameters within which the quest for peace in the region should be framed.

ABOUT THE AUTHOR

Professor Musa E. Mazzawi, LL.M, Ph.D (London)

Formerly Dean of the Faculty of Law at what is now the University of Westminster, Professor Mazzawi was widely recognised as one of the leading legal scholars on the topic of Israel-Palestine. He was the author of numerous publications on the issue in addition to “Palestine and the Law”, and also on the question of Rhodesia.

Professor Mazzawi was born in Palestine and came to the UK to study law, subsequently taking a PhD in international law and practising at the Bar as a member of Gray’s Inn. He advised numerous governments and state institutions on issues relating to their constitutions, territorial rights and other public international law issues. His views on the Middle East and the application of international law were frequently sought out in UK and international radio and television current affairs programmes.

The publication of this Study in 1997 reflected the author’s fervent hope that the clarification of the relevant legal principles on the subject and the resort to the law for resolving the dispute would lead to a just and lasting peace in the Middle East.


Copyright © Musa Mazzawi, 1997
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First edition
ISBN 0 86372 222 9
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Jacket design by Robert Jones