Human Rights and Palestine: The Right to Self-Determination in Legal and Historical Perspective

Curtis F. J. Doebbler

doi:10.4236/blr.2011.23011

Abstract

The 'Question of Palestine', as it is known in the United Nations (UN), is the longest unresolved human rights problem on the world organization's agenda. It is primarily a question about the right to self-determination of the Palestinian people. This is a right that, according to well-established international law, existed in favor of the indigenous inhabitants of Palestine and continues to exist today, although its exercise has been denied in violation of international law. This contribution examines the development of this right and how it exists today.

Highlights

The ‘Question of Palestine’, as it is known in the United Nations (UN), is the longest unresolved human rights problem on the world organization’s agenda [1]
Historical or ancient right to govern Palestine and its people the Zionist movement that became modern day Israel denied the majority of inhabitants living in Palestine their right to self-determination
The acquisition of territory by force, which had been previously allowed under international law, was illegal

Summary

Introduction

The ‘Question of Palestine’, as it is known in the United Nations (UN), is the longest unresolved human rights problem on the world organization’s agenda [1]. To understand the importance of Palestine in the context of the international community’s commitment to international human rights law it is valuable to understand how this problem came on to the United Nations agenda in the first place. This is a question about which there is significant confusion, in part because it has usually been answered in political terms rather than by reference to the agreed norms of international law. The most serious violation of human rights has involved the denial of the Palestinian people’s right to self-determination. Historical or ancient right to govern Palestine and its people the Zionist movement that became modern day Israel denied the majority of inhabitants living in Palestine their right to self-determination

The Legal Right of Self-Determination

Distinguishing Different Situations of Self-Determination

The History of the Palestinian Self-Determination

Findings

Evaluating Palestinian Self-Determination and the Creation of Israel