394 pages | 37 B/W Illus.
During the British Mandate for Palestine (1922–1948), Arabs and Jews repeatedly used the law to gain leverage and influence international opinion, especially in three dramatic and largely forgotten trials involving two issues: the interplay between conflicting British promises to the Arabs and Jews during World War I, and the parties’ rights and claims to the Wailing Wall.
Focusing on how all three parties – Arab, Jewish and British – used the law and the legal process to advance their objectives during the Mandate years, this volume reveals how the parties availed themselves – with varying degrees of success – of the law and the legal process. The book examines various legal arguments they proffered, and how that early tendency to resort to the law as a tool, a resource, and a weapon in the conflict has continued to this day. The research relies almost entirely on primary source documents, including transcripts of the public and secret testimony before the Shaw, Lofgren, and Peel Commissions, diaries, letters, Government files, and other original sources.
This study explores the origins of many of the fundamental legal arguments in the Arab-Israeli conflict that prevail to this day. Filling a gap in research, this is a key text to scholars and students interested in the Arab-Israeli conflict, Lawfare, and the Middle East.
Introduction 1. McMahon-Hussein, Balfour, and the Legality of the Jewish National Home 2. The Wailing Wall – Conflicting Legal Claims 3. The Shaw Commission 4. The Lofgren Commission 5. The Peel Commission 6. The Early Legal Battles and Their Relevance Today Conclusion
The UCLA Center for Middle East Development (CMED) series on Middle East security and cooperation features new and original scholarship on many of the most critical issues facing the region. Each book presents a variety of perspectives on a specific topic, such as democracy in the Middle East, dynamics of Israeli-Palestinian relations, Gulf security, and the gender factor in the Middle East. Aside from covering the key issues facing the region, the series also features a number of sub-themes under a single heading, covering security, social, political, and economic factors affecting the Middle East. Most books feature a multinational collection of authors who, for political reasons, do not always publish in the same volume or collection, so no matter what the issue, specialists from within and beyond the region offer a broad range of different viewpoints.