Author: Mahi Jha, a student at Chanakya Law College.
ABSTRACT
This comprehensive analysis embarks on a detailed exploration of long going Israel-Palestine conflict, unravelling its legal intricacies through complete examination of historical, geo-political and legal dimensions. Interrogating the conflict from a jurisprudential standpoint, this study elucidates the jus ad bellum principle, examining issues of statehood, occupation, and self-determination within the framework of international law. This legal analysis embarks on a journey to unveil the intricate web of causative factors and historical dynamics shaping the Israel-Palestine conflict.
INTRODUCTION
In the crucible of international relations, the Israel-Palestine conflict has persisted as a multifaceted and enduring challenge. This analysis embarks on a journey to unravel the complex web of historical events and legal intricacies that define this protracted struggle. From the early 20th century declarations shaping the region’s destiny to contemporary debates on territorial rights, the conflict encapsulates a rich tapestry of legal dimensions. As we delve into this exploration, our aim is to provide a comprehensive understanding of the conflict’s legal underpinnings, navigating through the complexities that continue to discourse this geopolitical theatre.
Historical context
Ancient History of Israel:
In 1047 BC, in the area of today’s Israel and Palestine, Jews lived here and ruled by “King Solomon” and the kingdom was known as “Kingdom of Israel”. Its capital was in “Jerusalem”, which was constructed by king, called “1st Temple” or “Temple Mount”, where Jews worshipped.
In 586 BC, during the “Babylonian” invasion, they destroyed the “1st Temple”. Then “Persians” reconstructed it and, called “2nd Temple”. Then Romans demolished it and then only a wall is left till this time.
In 306 BC, the Roman Empire started to opt Christianity and at the same time hatred against Jews and their genocide started. So, Jews had to leave their motherland, and they started to migrate to Europe.
Reasons behind hatred towards Jews:
Atrocities against Jews has begun thousands of years ago. It is said that Jesus Christ was born into a Jews family. Later he started giving his own teachings different from Christianity. Jews didn’t liked it, so Jews in Jerusalem publicly crucified Jesus Christ. This was the reason for rampant hatred against Jews that remained among Christians for centuries. Crusades against Jews started thousand years ago which resulted in huge genocide of Jews.
Zionist Movement:
Rise of Hitler was marked by huge masscare of Jews, 6 Million Jews were killed. They were considered Anti-Christian and huge violence against Jews happened who lived in Europe. They could not buy property, not allowed in public space, sent to concentration camps and were treated as second class citizen.
During 1800s, due to this hatred Jews living around the world began feeling that no country accepts them as their own. If they want to live peacefully, they need to create their own country, a Jewish country.
An Austro-Hungarian Journalist named Theodor Herzel, started a new political movement. In his 1896 pamphlet, he introduced “Zionism” and demanded that Jews should make their own country.
In 1897, first Zionist Congress was formed in Switzerland and decided that they will form their country in their holy Jews homeland that is “Palestine”.
The World War:
In year 1914, World War 1 started, Britain & Germany were against each other. Ottoman Empire who was ruling Jews Kingdom, opposed Germany.
The government of Britain assumed that Jews from America and Russia could have an influence over their government to support a specific side. So, to get side of Jews, Britain started to please them by supporting Zionism, and made a declaration called “Balfour Declaration”. At the same time Britain started to please Arabs as well to by promising Independent Arab nations. Basically, Britain promised to give Palestine to both Arabs and Jews, which became a complicated issue later.
In 1916, before end of war, UK & France signed a secret agreement called “Sykes Picot” agreement, to divide middle-east between themselves.
Britain, US and USSR were allies and won from Germany and Ottoman. Britain removed Ottoman from Jews Kingdom and started ruling it, and according to declaration Britain started to migrate Jews from all around the world to Palestine.
FORMATION OF ISRAEL
Balfour Declaration:
Jews from all around the world started to migrate towards Palestine and living in some areas. Britain according to declaration started funding Jews and they started purchasing land in Palestine. Jews population started to increase. Between 1919-1923, 30 thousand Jews came; between 1924-1926, 50 thousand Jews came; between 1933-1936, 0.17 million Jews came. Arabs and Palestinians were opposing it largely.
Two States Solution:
After 2nd World War, UN was formed to solve problems with countries. Balfour Declaration was sent to UN. UN created a solution called “Two States Solution”, created a country named “Israel” given to Jews and at same place a country named “Palestine”. Jerusalem which was a very holy place for both Muslims and Jews was kept under direct control of UN.
In 1947, after voting, this proposal got approved. In 1947, UN released a map showing how partition should look like. Arabs were unhappy by the plan as 55% land was given to Jews.
War between Israel and Palestine:
On 14th May Israel declares itself as an independent nation, and on very same day (after Britishers left), Arab countries- Egypt, Syria, Jordan, Saudi Arabia, Lebanon, Yemen, Iraq, they all attacked Israel and declared war. Unexpected happened, Arab counties had to back off. Israel occupied more land that was allocated by UN, that is from 55% to 75% and only Gaza Strip and West Bank was left to Palestine. After this nothing was left to Palestine and country nearly loose its existence. 7 lakh Palestinians had to migrated and became refugee. This day is remembered by Palestine as “Nakba Day”.
From 1947 to today, Israel has fought many wars:
- 1948–1949: Israel’s War of Independence
- 1956: Suez Crisis
- 1967: Six-Day War
- 1973: Yom Kippur War
- 1982: Lebanon War
- 2006: Second Lebanon War
- 2008–2009: Operation Cast Lead
- 2000–2005: Palestinian War (Al-Aqsa/Second Intifada)
PALESTINIAN RESISTANCE
Anti-Israel resistance has been a continuous process in Palestine. The first “Intifada”, in Arabic it means “Rebellion” happened in 1987, then in 2000, second Intifada happened which was even more violent.
Palestine is divided into two parts, the “West Bank” and “Gaza Strip”. West Bank is controlled by a coalition called “PLO”, led by a party called “Fatah”, which is a political party of PLO. Whereas, Gaza Strip is controlled by “Hamas”.
Palestine Liberation Organisation (PLO):
Different organisations were formed to lead and represent Palestinian people. In 1964, an umbrella organisation was formed, called PLO (Palestine Liberation Organisation). UN recognised PLO as a representative of Palestinians. PLO was initially made to destroy Israel, but later choose diplomatic means to normalize relations with Israel and also recognised it.
Hamas (Harakat al-Muqawama al-Islamiya):
Later extremist Palestinians realized that PLO is too soft and moderate, after it recognized Israel and tried to normalize relations, it lost its importance. In 1987, another militant organization formed called “Hamas” which means “Islamic Resistance Movement”. In manifesto of Hamas its written that solution to Palestinian problem is only “Jihad”, which is through violence and war. Hamas want to occupy entire Palestine by removing Israel from Map. Hamas in 1997, labelled as a terrorist organisation by US.
Tension between Hamas and PLO:
PLO was not liked by Palestinians as it was corrupt and Hamas continuously targeted PLO for being too soft. Conflict between Hamas and PLO started as they both differ in objective and ideology, as PLO wanted Israel to follow both want to control Palestine.
In 2006 elections of Palestine, Hamas won by majority and defeated PLO, this means now Hamas would control both Gaza and West Bank.
Oslo Accords:
In 1993, 1st Oslo Accords was signed between PLO’s leader and PM of Israel in Washington DC. 2nd Oslo Accords was signed in 1995, in Taba, Egypt. Under this both Israel and Palestine would recognise each other and withdrawal of Israeli forces from West Bank and Gaza. The accords aimed to address the conflict and promote peace in the region.
Due to this Accords, PLO lost its importance as this negotiation with Israel was not accepted by Palestinian extremists.
CURRENT SCENARIO
Hamas Attack:
On 7th October 2023, Hamas launched a surprise attack on Israel by launching 5000 rockets in one go. In Supernova music festival Hamas terrorist entered and attacked, then music festival turned into a masscare. Suddenly many trucks arrived filled with Hamas terrorists. They occupied border towns and kidnapped 250+ people including childrens and aged people. Thousand were killed and marked as the deadly attack till now. Endless innocents lost their lives.
This attack is called “Al-Aqsa Flood” and Hamas terrorist justified this attack by calling it as a resistance against the long suppression by Israel and occupation of Palestinian borders by Israel, and called it a Jihad for freedom, which resulted in loss of lives of innocent civilians.
Israel Counter-Attack
Israeli Prime Minister Benjamin Netanyahu promised to avenge this. The region stands in high alert mode and in state of National Emergency. The operation launched called “Operation Iron Sword”.
IDF (Israeli Defence Force) has been continuously attacking Gaza Strip as a counter attack and has pledged to finish Hamas. Israel’s attack for self defence launched air strikes as well as ground attacks in entire Gaza Strip and even parts of West Bank. Thousands of innocent civilians lost their lives where childrens are in huge number.
Actual Reason of Conflict:
The place where Jesus Christ was crucified, Roman king- Constantive the Great built “Chruch of holy Sepulchre”, which was 2 km away from Temple Mount, which was called by Jews and Christians, but Muslims called it “Haram Al-Shareef”.
In 638 AD, after defeating Romans, “Arab Army of Umar” captured the throne, and there they built “Al Aqsa Mosque” and “Dome of the Rock” in Jerusalem.
The Western Wall, Dome of Rock and Al-Aqsa Mosque, this complete is called “Temple Mount” by Jews and Christians and “Haram Al-Shareef” by Muslims.
This area is very important for Jews, Christians and Muslims. Hence, this area is becomes very dispute especially between Muslims and Jews, and this area of Palestine is the main reason behind the war and conflicts.
CONCLUSION
In conclusion, the Israel Palestine conflict remains a deeply entrenched and complex issue, with historical, political, and cultural dimensions that defy easy resolution.The pursuit of lasting peace requires a commitment from both sides as well as international communities to engage in open dialogue, respect human rights and work towards a two states solution that ensure the security and dignity of both Israeli and Palestinians. As war has no benefit at all as only innocent civilians has to pay for war.
Achieving lasting peace will demand empathy and shared vision for a future where coexistence triumphs over decades.
