
In clear and unequivocal terms John Quigley presents ‘the Case for Palestine’ based on the rule of international law. As a distinguished professor of criminal, comparative and international law at Ohio State University, with many years active engagement in issues of human rights world-wide, Quigley writes with authority, credibility and courage.
In 33 short, readable chapters, Quigley traces the implications of the systematic and inexorable colonisation of Palestine by waves of Zionist colonisers. It is also without doubt the best single volume summary of the legal case for an independent, sovereign and viable Palestinian state. Most convincingly, he lays bare the fallacy that somehow the Israeli-Palestinian conflict, the longest running dispute in the history of the United Nations, is somehow too complicated or too intractable to be resolved.
In the introduction, he presents the thesis of the book, to which he has dedicated his life:
“The conflict needs to be resolved, in my estimation, in a manner consistent with the legitimate expectations of the two populations as regards rights of residency, of property, of fair treatment. Those expectations are found in the rules that the world community has developed for the treatment of individuals, for control over territory, and the like. It is a thesis of this book that the rights of the individuals who make up the two populations must be respected in a settlement. My fear is that a settlement that does not respect those rights will not be accepted and may only perpetuate the conflict.” (xii)
Quigley is dismissive of those who take a pragmatic or partisan approach to resolving the conflict, indeed who feel, to use his words, that the emphasis on legal entitlement is somehow “unrealistic, even counterproductive.” Instead, he rightly lays the blame for the breakdown of successive peace initiatives to Israel’s unwillingness to negotiate on the basis of principles of justice and law, as much as the unwillingness of the UN Security Council to implement its own resolutions.
He argues with great clarity that established tenets of international law, and in particular the right of self-determination, have been systematically ignored, resisted, violated or neutralised by the pro-Zionist lobby and by successive US administrations, to the complete detriment, not only of Palestinian rights, but the securing of a lasting peace in the wider Middle East.
Quigley provides an impartial and thorough understanding of both sides of the conflict in the context of international law. He contends, however, based on that body of law, that Palestinians have a much stronger legal claim to Jerusalem than do the Israelis; that Palestinian refugees have the inalienable right of return to their homes and land, including those within the borders of Israel; and that Israel must withdraw from the Palestinian territory occupied since 1967.
The five sections provide an extensive and well documented evaluation of the conflict spanning the last 120 years:
Part 1: Origins of the Zionist-Arab Conflict in Palestine
Part 2: The 1948 War and the Establishment of Israel
Part 3: The Status of Arabs in Israel
Part 4: The 1967 War, the West Bank and the Gaza Strip
Part 5: Resolution of the Palestine-Israel Conflict
Quigley discusses the origins of Zionist movement, the League of Nations’ decision to promote a Jewish homeland in Palestine, the 1948 war and creation of Israel, and Israel’s occupation of the West Bank, Gaza Strip, and Golan Heights during the 1967 war. Fully one third of the book comprises notes, sources and bibliography, a veritable goldmine for fellow researchers.
The first edition, published in 1990, has already received considerable praise. Professor Francis A. Boyle, legal adviser to the Palestinian delegation to the Middle East peace negotiations (1991–93), for example, writes,
“This masterful book comes at a most critical time in the history of the Israeli-Palestinian conflict and of American foreign policy towards the Middle East. It sets forth essential information on the international legal and human rights principles applicable to the Israeli-Palestinian conflict and their relevance to the production of a comprehensive Middle East peace settlement between Israel and Palestine as well as between Israel and the surrounding Arab States. Indeed, there is no way anyone can even begin to comprehend the Israeli-Palestinian conflict and how to resolve it without developing a basic working knowledge of the principles of international law and human rights related thereto. By the end of this book, the reader should be in an excellent position to go out and work for peace with justice for all peoples and states in the Middle East.”
Richard H. Curtiss, executive editor, Washington Report on Middle East Affairs writes that Quigley,
“shows that by excluding the United Nations and insisting on bilateral peace negotiations between Israel and the Palestinians, Washington diluted the principles of international law—to the ultimate detriment of the parties themselves and of the international community as a whole.”
Ghaleb Darabya, writing in the, International Third World Studies Journal and Review says,
“The Case for Palestine is a concise, well written book with invaluable summary of historical background for the Palestinian-Israeli conflict. John Quigley’s dispassionate analysis and presentation of unbiased historical facts from credible sources overwhelmingly serves to educate and inform any reader. . . . [It] should be considered a must read for all those interested in a comprehensive overview of the legal issues surrounding this conflict and for all those interested in bringing about a long-lasting, durable peace and justice in the holy land."
Antony T. Sullivan, in, Law & Politics Book Review writes that it is one of the,
“best book-length summaries currently available of the historical case for the establishment of an independent and viable Palestinian state. As a primer on what Palestinians understand the historical reality over the past century to have been, there is today no better guide than John Quigley's updated and revised version of his first edition. . . . His mastery of the topic and command of the literature published in or translated into English is on full display in the volume at hand. Arab (Christian and Muslim), Jewish and other sources are exploited in a balanced fashion… This volume should be included on all academic reading lists dealing with the Israeli-Palestinian question. . . . Especially now, The Case for Palestine is worth the attention of US government officials engaged in the Israeli-Palestinian peace process. Quigley is to be commended for having compressed the work of a lifetime into this short, accessible, and copiously documented book."
This second, expanded edition, first published in 2005, elaborates on the hopes and disappointments of the more recent deadlocked peace process, notably the failure of the Oslo and Madrid negotiations.
Quigley concludes by insisting, in somewhat understated and dispassionate terms, what is the unmistakable thesis of the book as a whole, that the resolution to the Arab-Israeli conflict rests entirely with us, the world community, represented by the United Nations:
"The international community bears a responsibility to ensure an outcome consistent with the legal rights of the parties. If the matter is left exclusively to the parties, there is a serious risk of an inappropriate outcome. That would be unfortunate for the inhabitants of the region. It would also increase the likelihood that the international community, which has dealt with the Arab-Israeli conflict for half a century, will face many more years of turmoil in the region." (p. 238)