International Law & Rights-Based Remedies in the Israel-Palestine Conflict: Settlements

• Published in: Hastings international and comparative law review Vol. 28; no. 3; pp. 387 - 404
• Main Author: Bali, Asli U
• Format: Journal Article
• Language: English
• Published: 01-04-2005
• Subjects: Arab Israeli Relations; Conflict Resolution; Disengagement; International Law; Israel; Military Intervention; Palestinians; United Nations; United States of America
• ISSN: 0149-9246

Israel's unilateral disengagement plan from the Gaza Strip is reviewed, emphasizing the George W. Bush administration's support for this strategy & highlighting how this approach contradicts previous US administrations' policies toward the Israeli-Palestinian conflict; regardless of this foreign policy change for the US, it is stressed that Israeli occupation of Gaza & the West Bank continue to violate existing international law. Indeed, extant international legal standards are reviewed, eg, United Nations Security Council Resolution 242, to de-legitimize Israel's policies toward establishing settlements & refusing Palestinians' right to return to their homeland. Consequently, a rights-based approach to resolving the Israeli-Palestinian conflict that suggests that Israel compensate Palestinians for the violation of international law & devastation of property & territory is advanced. Several issues that require consideration before approving such compensation are highlighted including identifying individual & collective claimants & encouraging the international community to participate in the restitution process. J. W. Parker