The Failure of the Two-State Solution by Hani Faris

Author:Hani Faris [Faris, Hani]
Language: eng
Format: epub
Tags: Nonfiction, History, Middle East, Israel, Reference & Language, Reference
ISBN: 9780857734235
Publisher: Bloomsbury Publishing
Published: 2013-09-16T04:00:00+00:00

Contours of the Palestinian State: Territory and Borders

If the Palestinian people are entitled to self-determination and a sovereign state as a matter of international law, and the right to use force to obtain those rights, the territory in which such rights may be exercised must be defined. The only Israeli borders with international recognition are those in the Partition Resolution. Israeli expansion to territory beyond those borders may be recognised as de facto borders, but since the acquisition of territory by use of force is a fundamental violation of the UN Charter,71 borders beyond those allocated to the ‘Jewish state’ in Resolution 181 cannot be recognised. As for later Israeli expansion, prolonged belligerent Israeli occupation of the 1967 territories is manifestly illegal under the UN Charter, international consensus and customary law – as affirmed by the ICJ’s Wall Opinion in 2004.72 United Nations Security Council (UNSC) Resolution 242 of 22 November 1967, which all parties have incorporated into the framework for official negotiations from Madrid onwards, reiterates the ‘inadmissibility of the acquisition of territory by war’, and requires the ‘withdrawal of Israeli armed forces from territories occupied in the recent conflict’.73 At a minimum, then, the Palestinian right to self-determination includes the territories occupied in 1967, all of the West Bank and Gaza, including all the area currently illegally occupied by Jewish settlers.74

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