Book Launch Event: The United Nations and the Question of Palestine by Ardi Imseis

Last Friday, on May 3rd, 2024, the Global Justice Academy collaborated in hosting a book launch event featuring Dr. Ardi Imseis, who introduced his latest work titled “The United Nations and the Question of Palestine.” Dr. Imseis, presently serving as Assistant Professor of International Law at Queen’s University, has previously contributed to UNRWA and has maintained active engagement in advocacy in the field of international humanitarian law.

The latest book delves deep into the persistent gap between the requirements of international law and the United Nations’ approach to the question of Palestine. Dr. Imseis began his presentation by drawing attention to the dire conditions in Gaza, highlighting how the concerns voiced in 1948 remain as pertinent today. The Palestinian question has remained an enduring fixture on the United Nations’ agenda, traversing various legal and historical epochs from late colonialism to the contemporary legal and political landscape. Dr. Imseis introduces a compelling concept in his book: that of international legal subalternate. This term encapsulates a reality where affected individuals hold onto the promise of a brighter tomorrow through the realization of international law, while this perpetually out of reach. Within this framework, he elucidates the clash between the principles of international rule of law and international rule by law, the latter characterized by the selective application of legal norms rooted in Eurocentric liberalism, serving to perpetuate inequality.

In ‘The United Nations and the Question of Palestine’ the author examines the status of Palestine as a legal subalternity across various historical epochs, spanning from the late nineteenth century to the present day. Dr. Imseis delineated three pivotal historical junctures during his presentation.

Firstly, he scrutinized the selective deployment of legal norms during the early discourse surrounding the establishment of a Jewish homeland in historical Palestine. In this period, international law served as a tool of white colonialism, a fact well recognized by figures such as Herzl within the Zionist movement. The prevailing notion of colonialism as a purportedly ‘civilizing’ mission found resonance among international legal scholars of the time, including luminaries like Wheaton and Westlake. Dr. Imseis then dissected the legal rhetoric embedded within the Balfour Declaration, highlighting its role in constructing the legal subalternity by openly flouting the principle of self-determination under the auspices of League of Nations approval.

Continuing his discussion, Dr. Imseis delved into the creation of Israel in 1947 as a prime example of Palestine’s status as an international legal subalternity. The UN’s partition plan ostensibly reflected the western liberal values it purported to champion. However, a closer examination of the plan’s geographic and demographic implications unveils a blatant disregard for the principle of self-determination. Israel was allocated a disproportionate share of land compared to the size of its current population, including the most fertile regions, thereby establishing a minority rule within economically affluent areas, while casting doubt on the economic viability of Palestine. This partitioning represented a departure from the current international legal rules, which offered the UN two alternatives: either the creation of a single independent unified state or the implementation of a UN trusteeship. The latter option was rebuffed by the Palestinian people, who sought independence as a single sovereign entity. However, such a scenario was unacceptable to Zionist settlers, who would have constituted a minority within such a state. Dr. Imseis scrutinised the United Nations Special Committee on Palestine’s role in this process, highlighting how its mandate was altered to endorse partition, despite the glaring inconsistencies with legal principles of self-determination and democracy. This decision effectively imposed the two-state paradigm through legal mechanisms.

In the concluding section of his presentation, Dr. Imseis delved into Palestine’s continued status as a legal subalternity during the late 1960s amidst decolonization. This period witnessed a shift in the UN’s membership, with a more representative body increasingly acknowledging the legal subjectivity of the Palestinian people. Consequently, there emerged a concerted effort to document the numerous violations of international law within the occupied Palestinian territories, a practice that persists to this day. However, these reporting endeavours often fall short in addressing the fundamental illegality of the occupation itself, along with the resultant breach of three peremptory norms of international law: the prohibition of the acquisition of territory through violent means, the right to self-determination, and the prohibition of alien subjugation, domination, and apartheid. Currently, these matters are under assessment within the International Court of Justice.

The event drew to a close with discussion on the distinct implications of international humanitarian law, issues of reparation from colonial legacy and the Eurocentric biases ingrained within international legal frameworks.