From Coexistence to Conquest: International Law and the Origins of the Arab-Israel

457 Pages·2009·3.24 MB·English

by  Victor Kattan

From Coexistence to Conquest
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‘This is an elegant and forceful narrative by a young Palestinian scholar.’
Boutros Boutros Ghali, Former UN Secretary-General
‘By placing international law within its proper political and historical context, Victor
Kattan offers a fresh analysis of a confl ict with far-reaching implications for the region
and beyond, and which should have ended long ago. If the Middle East is to develop
an intra-independency of sovereign states, then issues of legitimacy, authority and
jurisdiction must not only be addressed, but defi ned. From Coexistence to Conquest as
a piece of scholarship is a welcome addition to the search for a peace in the Middle East
with human dignity for all its peoples at its centre.’
His Royal Highness Prince El Hassan bin Talal of Jordan
‘Kattan’s book constitutes an exceptionally important contribution to the literature on
the history of the Arab–Israeli confl ict. Most importantly, it highlights the centrality of
international law in the search for a durable solution to the confl ict. As Kattan amply
demonstrates, a solution that is not “rights-based” will have little chance of fi nding
public acceptance and therefore of being sustainable in the long term.’
Lex Takkenberg, General Counsel, United Nations Relief and Works Agency for
Palestinian Refugees in the Near East (UNRWA), and author of The Status of
Palestinian Refugees in International Law.
‘Differing historical narratives and competing legal claims have characterized the
Palestinian issue for over a hundred years. Victor Kattan gives them new meaning in his
excellent study, which contains much new historical material and many new legal insights.
His portrayal of issues such as the Balfour Declaration, the establishment and operation
of the Mandate, the Partition proposal, the expulsion of Palestinians from their homes
in 1948–49 and the consequent refugee crisis serves to remind us of how international
law has failed the Palestinians. At the same time it is a warning that a settlement of the
Palestinian issue not premised on international law is doomed to fail.’
John Dugard, Professor of Public International Law Emeritus, Leiden University and
UN Special Rapporteur to the Occupied Palestinian Territories 2000–08
‘No confl ict in modern history has presented so many legal issues, which presumably
could have been solved applying international law. This book highlights a number of
these issues as they relate to the establishment of the State of Israel. The author’s style is
crisp and direct, making it easy for the reader to follow complex legal issues.’
M. Cherif Bassiouni, Distinguished Research Professor of Law at DePaul
University College of Law and President Emeritus of the International Human Rights
Law Institute
‘Readers, whatever their view of the Arab–Israeli confl ict, will appreciate this lucid and
scholarly work. Kattan explains how Jews and Palestinians were tragically caught up in
the net of Great Power politics. His critique of Zionism, while robust, fully acknowledges
the oppression that the Jews of Europe suffered through antisemitism, a subject that he
treats with sensitivity and insight. This is one reason why, beyond explaining the origins
of the confl ict, this book could contribute to its resolution.’
Brian Klug, Senior Research Fellow & Tutor, St. Benet’s Hall, University of Oxford
‘This is a trenchant analysis of the critical early decisions that led to the failure of the
international community to resolve the confl ict over Palestine.’
John B. Quigley, President’s Club Professor of Law, Ohio State University
‘This is a well researched and extremely informative and well argued book. As to the
material, it is one of the best, if not the best, on the subject.’
Dr. Anis al-Qasem, Barrister-at-Law, Lincoln’s Inn, and formerly Chairman of
the Legal Committee of the Palestinian National Council
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FROM COEXISTENCE
TO CONQUEST
International Law and the Origins of
the Arab–Israeli Confl ict, 1891–1949
Victor Kattan
Foreword by Richard Falk
PLUTO PRESS
www.plutobooks.com
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First published 2009 by Pluto Press
345 Archway Road, London N6 5AA and
175 Fifth Avenue, New York, NY 10010
www.plutobooks.com
Distributed in the United States of America exclusively by
Palgrave Macmillan, a division of St. Martin’s Press LLC,
175 Fifth Avenue, New York, NY 10010
Copyright © Victor Kattan 2009
The right of Victor Kattan to be identifi ed as the author of this work has been
asserted by him in accordance with the Copyright, Designs and Patents Act 1988.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
ISBN 978 0 7453 2579 8 Hardback
ISBN 978 0 7453 2578 1 Paperback
Library of Congress Cataloging in Publication Data applied for

This book is printed on paper suitable for recycling and made from fully managed and
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This book is dedicated to the memory of my grandmother:
Marguerite Kattan
1915–2008
And to the grandfather I never knew:
Victor Giries Kattan
1910–1980
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Contents
Foreword Richard A. Falk ix
Acknowledgements xiii
Preface xv
Chronology xxi
About the Author xxxi
Maps xxxiii
Introduction 1
1. Anti-Semitism, Colonialism and Zionism 8
2. Palestine and the Scramble for the Middle East 38
3. Arab Opposition to Political Zionism 78
4. The Hussein–McMahon Correspondence 98
5. The Question of Self-Determination 117
6. The Partition of Palestine 146
7. The Arab–Israeli Confl ict 169
8. The Palestinian Refugees 209
9. The Creation of Israel 232
Epilogue 248
Notes 262
Bibliography 368
List of Individuals 388
Glossary 396
Index 403
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Foreword
Richard A. Falk
The prevailing discourse relating to the unresolved Israel/Palestine confl ict
is dismissive of any recourse to history, contending that it is irrelevant to
present realities. In essence, the Israeli contention, backed by Washington, is
that how we reached the present impasse is of no practical use in mapping a
benefi cial future. All that counts, according to this view, is the present relation
of forces, ‘the facts on the ground’ that the Israelis have been unilaterally
shaping to their advantage for many decades, and continue to do so in the
Palestinian territories occupied since 1967. Of course this Israeli position is
extremely self-serving, and confronts the Palestinians with an unpalatable
choice between swallowing non-sustainable, unjust peace offerings and
continuing their struggle under the highly adverse conditions of a prolonged
occupation of their territories carried out in manner violative of international
humanitarian law.
Victor Kattan, with the discipline and knowledge of a serious scholar,
proceeds from a premise that historical understanding matters fundamentally,
indispensably helping us realize why the long evolution of the confl ict remains
both unresolved and the source of so much suffering since its point of origin
in the late 19th century. We can be here likewise instructed by the poetic
wisdom of T.S. Eliot’s ‘Burnt Norton’:
Time present and time past
Are both present in time future,
And time future contained in time past.
In keeping with this spirit, we can never and should never escape our history
if we are to construct a worthwhile future. We cannot grasp the meaning
of the present without attentiveness to history, and we cannot hope for a
benevolent future without relying on historical knowledge that is interpreted
with as much objectivity as fi rst-class scholarship enables. Kattan’s scholarly
achievement is to provide us with this historical understanding.
What Kattan’s scrupulous presentation of the historical narrative tells us
above all is that the Zionist Project from its inception in the latter decades
of the 19th century was colonialist in its essence, initially threatening and
displacing, and later dispossessing an indigenous and deeply rooted people
from their homes and their land. It is important to recognize that the Arab
inhabitants of Palestine opposed this systematic Jewish settlement from its
earliest beginnings, understanding that it was aimed at transforming their
homeland from without. They were deeply and justifi ably suspicious of and
ix
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