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country’s willingness to abide by obligations inherent in the UN partition plan as well as the basictenets of the liberal version of Zionism. Perhaps the best way to assess these steps is to considerdecisions that Israel did not take.In British Mandatory legislation there had been three official languages – English, Arabic, andHebrew. Israel immediately abolished the status of English as an official language, but kept the twoothers, meaning that Arabic was declared the second official language of the Jewish state – a status itmaintains to this very day, as is evident from the bilingual inscriptions on its stamps, currency, andso on. Moreover – and much more significant for the Arab minority in the country – Israeli Arabshave the right to send their children to state schools which teach in Arabic, with the curriculumtailored to the cultural differences involved. Yet Israel could have decided differently; followingdemocratic countries like Britain, France, or Germany, it could have decided on a uniform, Hebrewlanguagecurriculum in all its state schools, perhaps leaving the option for the Arab community toset up private schools in their language if they so wished. Without using the term – in 1948 not yetin existence – Israel adopted a multicultural approach toward its Arab minority; it could have donedifferently. Israel’s decision to maintain the status of Arabic as an official language – with all theconsequences flowing from it – was not demanded by the stipulations of the UN partition plan.Furthermore, on holding its first parliamentary elections in January 1949, when the war was stillgoing on, Israel extended voting rights to those Arabs who had remained in the country and theyparticipated in the elections on an equal basis. Yet because Israel was still at war, it could have decidedthat so long as a status of war prevailed between it and Palestinian Arabs and the surrounding Arabcountries, Arabs living in Israel would not be entitled to the vote. Such an option was not followed,and was not even raised in the discussion in the Provisional Government or the Provisional StateCouncil. Had such a step been taken, it could have been construed as in contravention of the UNpartition plan, but could also have been conceivably justified by reference, in international law, tothe state of war. But Israel decided on an inclusive policy – inspired, at least in part, by the Jewishmemory of what it meant to be a minority and by decades of Jewish efforts in the Diaspora toensure equal citizenship and voting rights for members of Jewish communities.The Arab minority in Israel obviously finds itself in a difficult and complex situation, exacerbatedby the continuing conflict in which Israel finds itself; one should not idealize its situation. But Israelcould have taken decisions which would not have been divergent from what other democracieshave followed, especially in war or emergency situations (the American treatment in World WarII of its own citizens of Japanese ancestry comes to mind). It is to Israel’s credit that on this issue,the newly established country, despite having been attacked and besieged, did not adopt a harsherpolicy.The possible tensions between Israel as a Jewish nation-state and its commitments to liberalvalues of equal citizenship continue to surface in some of the current political discourse in thecountry; decades of war and enmity have not made those issues disappear, and in some cases haveexacerbated them. But the political system developed in Israel, based on the Jewish right of selfdetermination,was combined, at the same time, with respect not only for the minority population’s43
equal civil rights but also for their language rights. For Israel, its claim for Jewish self-determinationhas always been viewed within a wider, universalist context, and has assured, in a difficult situation,its adherence to the basic norms of a liberal democracy.Nevertheless, it is clear that so long as there is no final peace agreement between Israel and all itsneighbors, and so long as the future of the Palestinians has not been settled through negotiationswith Israel, some of these issues have not yet found their satisfactory solution. Consequently, peacefor Israel is not just an issue of international relations, but also an imperative necessary for themaintenance and further development of its own democratic, liberal and pluralist society. Theacceptance by most Israelis today of a two-state solution – of two nation-states, a Jewish and aPalestinian one – living in peace with each other, is a testimony to the fact that despite decades ofwar and siege, the fundamental decision adopted by the Jewish community in 1947 continues toguide, despite all difficulties, the moral compass of the Jewish state.44
Page 10 and 11: The National Rightsof JewsRuth Gavi
Page 12 and 13: ffffTwo wars (1947-1949 and 1967) s
Page 14 and 15: Theodor Herzl, 1900 (Israel Nationa
Page 16 and 17: host communities. Others reasoned t
Page 18 and 19: was that of liberating people sitti
Page 20 and 21: On November 29, 1947, the UN Genera
Page 22 and 23: Morris, Benny, 2009. 2008, 1948: A
Page 24 and 25: “AN OVERWHELMINGLYJEWISH STATE”
Page 26 and 27: British Foreign Secretary Arthur Ja
Page 28 and 29: Former British Prime Minister David
Page 30 and 31: Winston Churchill, Britain’s wart
Page 32 and 33: in Palestine as of right and not on
Page 34: notes1 Council of the League of Nat
Page 37 and 38: with an assurance that this would
Page 39 and 40: the Soviet Union voted in favor of
Page 41 and 42: For the Jewish community in Palesti
Page 43: At the end of the day, and despite
Page 47 and 48: Asserting rights and redress for Je
Page 49 and 50: Upon the declaration of the state o
Page 51 and 52: country; or who, not having a natio
Page 53 and 54: Since its inception, the Security C
Page 55 and 56: what the UNHCR does - approximately
Page 57 and 58: Using Procedural Maneuvers to Diver
Page 59 and 60: Legal and Political Basis for the R
Page 61 and 62: Israeli-Palestinian AgreementsIsrae
Page 63 and 64: That was in July 2000. The report o
Page 65 and 66: 28 UNHRC, Human Rights Commission,
Page 67 and 68: 2005, including the dismantling of
Page 69 and 70: The Settlements IssueIn a similar v
Page 71 and 72: of the then valid conventions or tr
Page 73 and 74: In some cases Israel has permitted
Page 75 and 76: 19 Ambassador Morris Abram, in a di
Page 77 and 78: any Palestinian state that may be e
Page 79 and 80: set forth in Resolution 181 (II) (1
Page 81 and 82: Resolution 242 used the term “ter
Page 83 and 84: determination. Outside them, others
Page 86 and 87: The MisleadingInterpretation ofSecu
Page 88 and 89: U.S. Ambassador to the United Natio
Page 90 and 91: territory’s national status, alth
Page 92 and 93: Lord Caradon (left), Britain’s am
Page 94 and 95:
Eugene Rostow, former Dean of Yale
Page 96:
16 See Stone, supra note 8, at 33;
Page 99 and 100:
Jerusalem, in short, has been the f
Page 101 and 102:
Schwebel makes reference to UN Secu
Page 103 and 104:
Why Do All These Legal Opinions Mat
Page 105 and 106:
2. The Mythology of Backchannel Con
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Clinton bridging proposal is incons
Page 109 and 110:
This historical connection is preci
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Palestinians stand atop the biblica
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In short, Israel’s own history, a
Page 115 and 116:
Notes* This essay is an expanded ve
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The Palestinian leadership’s tact
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the PLO was headquartered, and the
Page 121 and 122:
However, aware of Israel’s suspic
Page 123 and 124:
process. 35 In short, as Moshe Yaal
Page 125 and 126:
Uprooting the Principles of Arab-Is
Page 127 and 128:
Furthermore, the attempt to unilate
Page 129 and 130:
approach to Palestinian society-bui
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Is the Gaza Strip Occupiedby Israel
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Rocket attacks in Israel from the G
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foreign army. This approach is base
Page 138 and 139:
ffffffffThird, the Gaza Strip remai
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and the Hamas organization that con
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The first question is, therefore, w
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notes1 The opinions and conclusions
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on the Situation of Human Rights in
Page 148 and 149:
The Violation of Israel’sRight to
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Sovereign equality is a fundamental
Page 152 and 153:
The geographical groups ostensibly
Page 154 and 155:
Full-page advertisement of the Amer
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Ambassador Richard Holbrooke, U.S.
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Shabtai Rosenne (center) together w
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Countering Challenges toIsrael’s
Page 162 and 163:
confiscated by colonial law. It was
Page 164 and 165:
United Nations.” 11 Just as soon,
Page 166 and 167:
Left to right: Dr. Maha Atwan and D
Page 168:
notes1 Martin Gilbert, The Routledg
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The Palestine MandateDecember, 1922
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ART. 10.Pending the making of speci
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ART. 19.The Mandatory shall adhere
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UN General Assembly Resolution 1812
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ecommendations of the General Assem
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e.Preserving freedom of transit and
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Chapter 2: Religious and Minority R
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2.Any dispute relating to the appli
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a.b.c.The expenses of the customs s
Page 189 and 190:
The boundary rejoins the Tiberias S
Page 191 and 192:
Dimra the boundary passes across th
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administration of the city shall be
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f.g.The City shall ensure adequate
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(1) See Official Records of the Gen
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On the 29th November, 1947, the Uni
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U.N. Security Council Resolution 24
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Israel-PLO Recognition - Exchange o
Page 205 and 206:
Declaration of Principles on Interi
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ARTICLE VIIInterim Agreement1.The I
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ARTICLE XIVISRAELI WITHDRAWAL FROM
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d.e.f.g.A temporary international o
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ANNEX IVPROTOCOL ON ISRAELI-PALESTI
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4.Upon the execution of the Declara
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DESIROUS of putting into effect the
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3. The Council and the Ra’ees of
Page 221 and 222:
3. The Palestinian Council’s exec
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c. “Area C” means areas of the
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4. Except for the arms, ammunition
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commence immediately upon the inaug
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1. Disputes arising out of the appl
Page 231 and 232:
ARTICLE XXVIIIMissing Persons1. Isr
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About the AutHorsProf. Shlomo Avine
Page 236 and 237:
Dr. Dore Gold, president of the Jer
Page 238 and 239:
About the Jerusalem Center for Publ
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