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Uzone.id – Several prolonged conflicts hit these 2 (two) regions in fighting over and defending their respective territories. Several events that are considered to have triggered the outbreak of the conflict between Israel and Palestine include:
- Establishment of the Jewish National Home
Britain established a ‘national home’ for the Jewish minority in Palestine shortly after it was discovered that Britain had taken over the Palestinian territory from the Ottoman Empire, which had lost in World War I.
The acquisition of territory by England was also strengthened by the mandate of the League of Nations (LBB) so that in the end Jewish immigrants continued to increase rapidly in the period 1920-1940, causing conflict over territory between the 2 (two) parties and causing the United Nations to divide the territory became the property of Palestinian Arabs and Israeli Jews in 1947.
- Declaration of the State of Israel
Exactly on May 15, 1948, Israel confidently declared that Israel was a country. This aroused anger from Palestine and made the political and security situation even more tense.
In the end, the war that was given the name of war broke out al-Nakhba which means a disastrous war. In this war, hundreds of thousands of Palestinian people saved themselves by leaving their homes.
Israel could easily take over part of the Palestinian territory until in the end the holy place of Jerusalem had to be divided into 2 (two), the western side for Israel and the western side for Jordan.
- War 6 (Six) Days
This war was based on the attack on the Egyptian air base by Israel in 1967. The Israeli invasion entered the Sinai Peninsula to take over the Gaza Strip, the West Bank, the Golan Heights, and East Jerusalem.
Israel declared that Jerusalem was the capital of Israel and a critical response arose from Palestine, resulting in this war. As a strategy, Israel has built more than 6,000 settlements for Jews to live in at several points, causing the Palestinian territory to be eroded.
- 11 (Eleven) Day Conflict
Starting on May 10, 2021, Israel attacked the al-Aqsa Mosque area to fight over territory in East Jerusalem, specifically in Sheikh Jarrah.
After carrying out the war, there was criticism from international parties and it was agreed to carry out a ceasefire exactly 11 (eleven) days after the incident on May 21, 2021, the conflict stopped.
Israel and Palestine an International Law Perspective
The protracted dispute between Israel and Palestine has caused deep wounds for local and international civil society. War is inevitable until the blood of innocent souls is spilled.
Support and criticism continue to flow and are divided into 2 (two) camps, Pro-Israel or Pro-Palestine. Several leaders of countries around the world also commented on the events that recently occurred.
This happens because of territorial disputes that continue to occur and victimize many parties.
Then, what are the rules in international law?
From an international law perspective, there are 2 (two) theories in the formation of a state; a. Declarative Theory, and b. Constitutive Theory. We discuss it in full below.
Declarative Theory
This theory was born from the Montevideo Convention on December 26, 1933. Article 1 (one) of the Montevideo Convention emphasizes that there are 4 (four) criteria for a country to be called sovereign, including:
- Permanent population (permanent population),
- A clear and fixed area (defined territory),
- There is a government (government), and
- The existence of (state) capacity to carry out legal actions or relations with other countries.
If we relate it to the Palestinian context, it is clear that it fulfills all the criteria above by proving that Palestine has a stable population that tends to increase, Palestine also has a permanent territory even though it continues to be in dispute with Israel, initially, this territory was Palestinian territory.
The government in Palestine is also actively involved in the international arena with evidence of involvement in the UN and several other international organizations, and Palestine can take legal action between countries as evidenced by the OSLO agreement involving other countries.
Constitutive Theory
In this theory, recognition from other countries is required to be called a sovereign country. Palestine has received recognition from more than 130 world countries and is likely to continue to increase. This indicates that Palestine deserves to be called a sovereign country.
