International Law and Settler Colonialism in Historical Palestine

This article argues that International Law has so far failed in changing the reality on the ground in historical Palestine. While International human rights law has galvanized global public opinion, and some sections of the Jewish society in Israel, against violations of human rights in the occupied territories, international law in general is not equipped to engage with the root of the problem in Palestine: the Zionist colonization and its international immunity. The reasons, demonstrated in this article, are historical and pertain to the international immunity of settler colonial states in general. The way forward is to focus on international legitimacy, which played a crucial role in the downfall of Apartheid South Africa.

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This article argues that International Law has so far failed in changing the reality on the ground in historical Palestine. While International human rights law has galvanized global public opinion, and some sections of the Jewish society in Israel, against violations of human rights in the occupied territories, international law in general is not equipped to engage with the root of the problem in Palestine: the Zionist colonization and its international immunity. The reasons, demonstrated in this article, are historical and pertain to the international immunity of settler colonial states in general. The way forward is to focus on international legitimacy, which played a crucial role in the downfall of Apartheid South Africa.

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