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The Arab – Israeli Peace Mirage:
Legal Perspectives

Talia Einhorn

Policy Paper No. 138, 2002

Executive Summary

The Oslo Agreements signed between Israel and the Palestinian Authority in 1993 were made with a view to enhance “a just, lasting and comprehensive peace”. Yet, since their coming into effect the Middle East has witnessed not peace but violence of the worst kind in recent history.

This article focuses on the rule of law which must be observed within the legal regime of parties to peace agreements, as a pre-condition to peaceful co-existence among them. In the absence of the necessary legal framework all efforts to achieve peace will, at best, buy a temporary armistice, but be rendered futile in the long run.

This article first analyzes the Arab – Israeli conflict from the international law perspective. It shows that public international law does not, and indeed cannot, offer a solution. This does not mean that there is no peaceful solution that both Israelis and Arabs would find desirable.

But such a solution requires political will as well as a serious law reform, some main aspects of which are analyzed in the article.

For the complete article (in English), click here.