The challenge for Europe: making international law work for Middle East peace

Abstract

ABSTRACTNo modern conflict has contributed so much to the development of international law as the Israeli–Palestinian conflict yet, paradoxically, no conflict has so undercut the efficacy of law by its political marginalization of a rights-based framework throughout the Oslo peace process. International law has a potentially redemptive role to play in securing a just and lasting peace in Israel/Palestine, but its absence in the formative agreements of the Oslo process – supported by the international mediating powers and the occupying power – has contributed mightily to the failures of the past quarter-century. Europe has played a muffled role during this process, advocating for the principles of international law – such as the illegality of the Israeli settlements and the annexation of East Jerusalem – yet unwilling to enforce these principles through the adoption of political measures against Israeli policy in the occupied Palestinian territory. As Israel's prolonged role as belligerent occupier crosses a bright red line into illegality, the importance of Europe taking an effective stand to end the occupation assumes an increasingly greater significance.