scholarly journals Western Interest dalam Proses Perkembangan Negara Israel (1917-1948) Sebagai Akar Utama Konflik Israel-Palestina

2020 ◽  
Vol 1 (1) ◽  
pp. 24-37
Author(s):  
Tika Tazkya Nurdyawati
Keyword(s):  
Literature Review ◽  
International Law ◽  
Religious Identity ◽  
National Interest ◽  
The State ◽  
The West ◽  
Palestinian Territories ◽  
Rational Actor ◽  
State Of Israel

The Israeli-Palestinian conflict which is often found to continue for more than 7 decades is inseparable from the root of the problem itself, namely; designation of the Palestinian territories as a national home for the Jews which would later lead to Israeli independence in 1948. Referring to the Balfour Declaration 1917 under the British decision, the massive migration of Jews from Europe to Palestine was inseparable from the benefits that were gained by Western hegemonies in the West. the winner of the war at the time. This can be studied using a realism perspective which views the state as a rational actor with all its decisions under the national interest. Using the literature review method, this article tries to answer whether the tension that occurs in the Israeli-Palestinian conflict is based solely on differences in religious identity between the two? Or are there interests of several parties that do not appear on the surface? Why can the annexation case in the formation of an Israeli state that violates international law continue without strict sanctions? The economic and political motivated interests of the West and the connection of Zionism in the founding of the state of Israel will be examined as concrete evidence. This article is expected to be useful as a reference for later literature for similar research.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

Blogging for Sovereignty

2012 ◽  
pp. 148-160 ◽  
Author(s):  
Justin D. Martin ◽  
Sherine El-Toukhy
Keyword(s):  
Online Discussion ◽  
Geographical Location ◽  
The State ◽  
Political Issues ◽  
Palestinian Territories ◽  
Arabic And English ◽  
State Of Israel ◽  
Discussion Spaces

Blogs addressing political issues are often viewed as highly polarized online discussion spaces. To test the universality of this assumption, the authors evaluated 127 Palestinian blogs written in both Arabic and English languages. Blogs authored by Palestinians living in the Palestinian Territories and the State of Israel, members of the Palestinian Diaspora, and Palestinian advocates of other nationalities were analyzed in terms of the prevalence of political content, perceptions of the State of Israel, and differences in content due to language, nationality, and geographical location. Results of the analysis indicate that blogs in the sample were primarily political and that most blogs were critical of the State of Israel and its policies. The tone of discourse regarding the State of Israel, however, was not as reflexively visceral as one might have anticipated, particularly among blogs written in English and those authored by Palestinian advocates.

Water Rights in the West Bank and in Gaza

2005 ◽  
Vol 18 (3) ◽  
pp. 621-644 ◽  
Author(s):  
BIRGIT SCHLÜTTER
Keyword(s):  
Water Resources ◽  
International Law ◽  
West Bank ◽  
Water Rights ◽  
The West ◽  
Palestinian Territories ◽  
Peace Negotiations ◽  
The World ◽  
West Bank And Gaza ◽  
International Decade

With the launch of the UN International Decade for Water on 22 March 2005, awareness is raised in the international community of the growing demand and scarcity of water for people throughout the world. Water is a particularly scarce resource in both Israel and the Palestinian Territories. The use of the water resources of the West Bank and Gaza has been part and parcel of the Israeli–Palestinian peace negotiations. With the beginning of new peace negotiations under Palestinian President Mahmud Abbas, the topic of water and its allocation to Palestinians and Israelis is back on the negotiation table. The present article will point to the water crisis in Israel and the Palestinian Territories and analyse core provisions of international law which govern the use of water resources. Finally, it will outline how an allocation of water rights according to principles of international law could take place.

scholarly journals Implikasi Perjanjian Damai Terhadap Aksi Intifadah Hamas

POLITEA ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 45
Author(s):  
Gustri Eni Putri
Keyword(s):  
Foreign Policy ◽  
Qualitative Study ◽  
The State ◽  
Literature Study ◽  
Peace Agreement ◽  
National Interests ◽  
Cost And Benefit ◽  
Rational Actor ◽  
The Cost ◽  
State Of Israel

<p><strong> </strong></p><p class="06IsiAbstrak"><span lang="EN-GB">This study aims to explain how the implications of the peace agreement as Israel's strategy in reducing the Hamas intifadah action. The discussion in this study is limited to the peace agreement between Israel and the PLO known as the 1993 Declaration of Principles and the intifadah movement in 1987. This research is a qualitative study with a literature study through books, journals, and articles. This study is based on thinking which explains that as a rational actor, the state in taking foreign policy always calculates the cost and benefit. In its foreign policy, the ruling government uses the "optimization of results" criteria. Or in other words, Israel's foreign policy focuses on emphasizing the country's national interests. This rationale influenced Israel's foreign policy, which was to accept a peace agreement with the PLO to reduce the intifadah movement carried out by Hamas. And this policy provides optimal results for the state of Israel.</span></p>

The Practice and Case Law of Israel in Matters Related to International Law

1998 ◽  
Vol 32 (3) ◽  
pp. 475-527 ◽  
Author(s):  
Rotem M. Giladi
Keyword(s):  
International Law ◽  
Case Law ◽  
International Agreements ◽  
The State ◽  
International Treaties ◽  
Depth Analysis ◽  
The Status ◽  
The Government ◽  
State Of Israel ◽  
Regular Practice

On February 24, 1998, the government submitted the International Treaties (Approval by the Knesset) Bill, 1998 to the Knesset. This governmental bill represents the culmination of fifty years of exchange between the Executive and the Legislature concerning the constitutional authority to conclude international agreements on behalf of the State of Israel.Normally, it would have been preferable to await the completion of the enactment process before commenting on the new legislative arrangements. Due to the constitutional importance of the Bill and the fact that it raises several important questions, the regular practice will be abandoned in this case.Despite the availability of an abundance of materials on the treatymaking practice of the State of Israel and the status of treaties under municipal Israeli law both in English and in Hebrew, an in-depth analysis of the Bill requires an extensive expositionde lex lataon both these questions. Only then will the provisions of the Bill be presented. This will take the form of an issue-by-issue analysis, with conclusions drawn in each segment. The review will conclude with several additional observationsde lege ferenda.

scholarly journals Secretary of State Describes Israeli Settlements in the West Bank as “Not Per Se Inconsistent with International Law”

2020 ◽  
Vol 114 (2) ◽  
pp. 296-301
Keyword(s):  
International Law ◽  
Security Council ◽  
West Bank ◽  
State Department ◽  
The State ◽  
The West ◽  
Obama Administration ◽  
Secretary Of State ◽  
Per Se ◽  
Trump Administration

On November 18, 2019, Secretary of State Mike Pompeo stated that the “establishment of Israeli civilian settlements in the West Bank is not per se inconsistent with international law.” This announcement contrasts with the approach taken by the State Department late in the Obama administration. Although embraced by Israel, the position announced by Pompeo was criticized by Palestinians, Security Council members and other states, who maintain that Israeli settlements in the West Bank violate international law. In January of 2020, the Trump administration released its proposed peace plan for the Israelis and Palestinians, which met with approval from Israeli leaders and rejection from Palestinian leaders.

The Resolution of the Institute of International Law on the Immunities of Heads of State and Government

2002 ◽  
Vol 51 (1) ◽  
pp. 119-125 ◽  
Author(s):  
Hazel Fox
Keyword(s):  
International Law ◽  
The State ◽  
Criminal Proceedings ◽  
Public Officials ◽  
Prosecutorial Discretion ◽  
International Crimes ◽  
Civil Aircraft ◽  
Heads Of State ◽  
Witch Hunts ◽  
State Of Israel

A pressing issue of the day requiring authoritative resolution is whether public officials when in office carrying out their official functions may be prosecuted by the courts of other countries for alleged international crimes. Objection has been made, though not by the Danish Government, to a new ambassador appointed by the State of Israel, taking up his appointment as head of the Israeli diplomatic mission in Copenhagen, on the ground of his implication in war crimes. Recently, criminal proceedings were brought in the French courts against Colonel Ghadaffi as the serving Head of the State of Libya for complicity in acts of terrorism resulting in the destruction of a French civil aircraft and death of all its passengers. Writing critically of the Lords' decision in the Pinochet case, Henry Kissinger talks of the tyranny of judges replacing that of government, of prosecutorial discretion without accountability and warns that ‘historically the dictatorship of the virtuous has often led to inquisitions and witch hunts’.

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