Book contents
- International Law and the Arab-Israeli Conflict
- International Law and the Arab-Israeli Conflict
- Copyright page
- Contents
- Abbreviations
- Introduction
- 1 Is International Law Relevant?
- 2 The World War I
- 3 The Zionist Movement and the 1917 Balfour Declaration
- 4 Post–World War I and the 1922 League of Nations Mandate for Palestine, 1920–1947
- 5 The 1947 Partition Plan
- 6 Israel’s Declaration of Independence
- 7 The 1948 Arab-Israeli War
- 8 1949 Armistice Agreements
- 9 The Arab Refugee Problem
- 10 The 1967 Six Day War
- 11 UN Security Council Resolution 242
- 12 Camp David 1978
- 13 1979 Egypt–Israel Peace Treaty
- 14 Taba Arbitration
- 15 The Legality of Israeli Exploitation of Oil from Sinai
- 16 The Oslo Accords
- 17 Israel–Jordan
- 18 Post Oslo Developments
- 19 The Status of the ‘West Bank’ (Judea and Samaria) and the Gaza Strip
- 20 Israeli Settlements in the West Bank
- 21 Controversial Elements of Military Administration
- 22 Freedom of Navigation through International Waterways in the Region
- 23 Israel–Syria
- 24 Jerusalem
- 25 Controversial Laws of War Issues
- 26 Is Palestine a State?
- 27 Water Resources
- 28 Implications for Future Negotiations
- Index
7 - The 1948 Arab-Israeli War
Published online by Cambridge University Press: 21 April 2022
- International Law and the Arab-Israeli Conflict
- International Law and the Arab-Israeli Conflict
- Copyright page
- Contents
- Abbreviations
- Introduction
- 1 Is International Law Relevant?
- 2 The World War I
- 3 The Zionist Movement and the 1917 Balfour Declaration
- 4 Post–World War I and the 1922 League of Nations Mandate for Palestine, 1920–1947
- 5 The 1947 Partition Plan
- 6 Israel’s Declaration of Independence
- 7 The 1948 Arab-Israeli War
- 8 1949 Armistice Agreements
- 9 The Arab Refugee Problem
- 10 The 1967 Six Day War
- 11 UN Security Council Resolution 242
- 12 Camp David 1978
- 13 1979 Egypt–Israel Peace Treaty
- 14 Taba Arbitration
- 15 The Legality of Israeli Exploitation of Oil from Sinai
- 16 The Oslo Accords
- 17 Israel–Jordan
- 18 Post Oslo Developments
- 19 The Status of the ‘West Bank’ (Judea and Samaria) and the Gaza Strip
- 20 Israeli Settlements in the West Bank
- 21 Controversial Elements of Military Administration
- 22 Freedom of Navigation through International Waterways in the Region
- 23 Israel–Syria
- 24 Jerusalem
- 25 Controversial Laws of War Issues
- 26 Is Palestine a State?
- 27 Water Resources
- 28 Implications for Future Negotiations
- Index
Summary
The 1948 war is regarded by Israel as its war of independence in which it managed to repel attacks by all the neighboring Arab States. The Arab population of Palestine regard the war as a catastrophe, al Nakba, that caused the exodus of some 750, 000 Arabs. As a result of the 1948 war, Israel occupied the Western Galilee and Beersheba, Jordan occupied the West Bank and Egypt occupied the Gaza strip, all territories allocated to the proposed Arab State. Israel and Jordan divided Jerusalem between them. International law issues arising from the war include complaints from both sides of deliberate killing of civilians, clearly a violation of the laws of war. Expulsion of civilians, where it occurred, was justified by Israel as an act of legal military necessity, this is disputed by the Palestinians who viewed it as an illegal act. A smaller number of Jewish civilians were expelled from areas held by Arab forces.A legal issue in dispute is whether the objection of the Arabs of Palestine to partition allowed them to use force and whether the intervention of the neighbouring Arab States was a legitimate exercise of the right of collective self-defence.
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- International Law and the Arab-Israeli Conflict , pp. 117 - 138Publisher: Cambridge University PressPrint publication year: 2022