در ۲۹ نوامبر ۱۹۴۷ میلادی، سازمان ملل متحد، طرح تقسیم سرزمین فلسطین به دو کشور اسرائیل و فلسطین و اداره شهر بیتالمقدس («اورشلیم» نزد اسرائیل و «قدس» نزد فلسطین)، به صورت بینالمللی را تصویب کرد. از تاریخ ۳۰ نوامبر ۱۹۴۷ تا ۱۴ مه ۱۹۴۸ میان شبهنظامیان یهودی و فلسطینی، نبردهای خونینی درگرفت. نهایتاً در ۱۴ مه ۱۹۴۸ همزمان با پایان قیومیت بریتانیا بر فلسطین، «رژیم اسرائیل» با صدور منشور استقلال، اعلام موجودیت کرد. یک روز پس از اعلام استقلال، همسایگان عرب برای دفاع از مردم فلسطین بهطور همزمان به اسرائیل حمله کردند که متحمل شکست شدند. از آن پس، مجموعهای از درگیریهای نظامی بین نیروهای اسرائیلی و کشورهای عرب رخ داده که جنگ ۱۹۴۸، جنگ ۱۹۵۶، جنگ ششروزه ۱۹۶۷ و جنگ یوم کیپور ۱۹۷۳ مهمترین آنها بودهاند.
↑Lapidoth, Ruth (2011). "Jerusalem: Some Legal Issues"(PDF). The Jerusalem Institute for Israel Studies. p. 26. Archived from the original(PDF) on 5 June 2014. Retrieved 5 June 2014. The attitude of the Palestinians was expressed inter alia in 1988 and 2002. When the Palestine National Council proclaimed in November 1988 the establishment of a Palestinian State, it asserted that Jerusalem was its capital. In October 2002 the Palestinian Legislative Council adopted the Law on the Capital, which stipulates that Jerusalem is the capital of the Palestinian State, the main seat of its three branches of government. The State of Palestine is the sovereign of Jerusalem and of its holy places. Any statute or agreement that diminishes the rights of the Palestinian State in Jerusalem is invalid. This statute can be amended only with the consent of two-thirds of the members of the Legislative Council. The 2003 Basic Law also asserts that Jerusalem is the capital of the State of Palestine. Reprinted from: Wolfrum, Rüdiger (ed.) (online 2008-, print 2011). The Max Planck Encyclopedia of Public International Law. Oxford University Press.
↑Miskin, Maayana (5 December 2012). "PA Weighs 'State of Palestine' Passport". israelnationalnews.com. Arutz Sheva. Archived from the original on 7 December 2012. Retrieved 8 June 2014. A senior PA official revealed the plans in an interview with Al-Quds newspaper. The change to 'state' status is important because it shows that 'the state of Palestine is occupied,' he said.
This article uses the terms "Palestine", "State of Palestine", "occupied Palestinian territory" (oPt or OPT) interchangeably depending on context. Specifically the term "occupied Palestinian territory" refers as a whole to the geographical area of the Palestinian territory occupied by Israel since 1967. In all cases, any references to land or territory refer to land claimed by the State of Palestine.
In 1947, the UN adopted a partition plan for a two-state solution in the remaining territory of the mandate. The plan was accepted by the Jewish leadership but rejected by the Arab leaders, and Britain refused to implement the plan. On the eve of final British withdrawal, the Jewish Agency for Israel declared the establishment of the State of Israel according to the proposed UN plan. The Arab Higher Committee did not declare a state of its own and instead, together with Transjordan, Egypt, and the other members of the Arab League of the time, commenced military action resulting in the 1948 Arab–Israeli War. During the war, Israel gained additional territories that were designated to be part of the Arab state under the UN plan. Egypt occupied the Gaza Strip and Transjordan occupied and then annexed the West Bank. Egypt initially supported the creation of an All-Palestine Government, but disbanded it in 1959. Transjordan never recognized it and instead decided to incorporate the West Bank with its own territory to form Jordan. The annexation was ratified in 1950 but was rejected by the international community. The Six-Day War in 1967, when Israel fought against Egypt, Jordan, and Syria, ended with Israel occupying the West Bank and the Gaza Strip, besides other territories.
In 1964, when the West Bank was controlled by Jordan, the Palestine Liberation Organization was established there with the goal to confront Israel. The Palestinian National Charter of the PLO defines the boundaries of Palestine as the whole remaining territory of the mandate, including Israel. Following the Six-Day War, the PLO moved to Jordan, but later relocated to Lebanon after Black September in 1971.
The October 1974 Arab League summit designated the PLO as the "sole legitimate representative of the Palestinian people" and reaffirmed "their right to establish an independent state of urgency." In November 1974, the PLO was recognized as competent on all matters concerning the question of Palestine by the UN General Assembly granting them observer status as a "non-state entity" at the UN. After the 1988 Declaration of Independence, the UN General Assembly officially acknowledged the proclamation and decided to use the designation "Palestine" instead of "Palestine Liberation Organization" in the UN. In spite of this decision, the PLO did not participate at the UN in its capacity of the State of Palestine's government.
In 1979, through the Camp David Accords, Egypt signaled an end to any claim of its own over the Gaza Strip. In July 1988, Jordan ceded its claims to the West Bank—with the exception of guardianship over Haram al-Sharif—to the PLO. In November 1988, the PLO legislature, while in exile, declared the establishment of the "State of Palestine". In the month following, it was quickly recognised by many states, including Egypt and Jordan. In the Palestinian Declaration of Independence, the State of Palestine is described as being established on the "Palestinian territory", without explicitly specifying further. Because of this, some of the countries that recognised the State of Palestine in their statements of recognition refer to the "1967 borders", thus recognizing as its territory only the occupied Palestinian territory, and not Israel. The UN membership application submitted by the State of Palestine also specified that it is based on the "1967 borders". During the negotiations of the Oslo Accords, the PLO recognised Israel's right to exist, and Israel recognised the PLO as representative of the Palestinian people. Between 1993 and 1998, the PLO made commitments to change the provisions of its Palestinian National Charter that are inconsistent with the aim for a two-state solution and peaceful coexistence with Israel.
Demonstration against road block, Kafr Qaddum, March 2012
As envisioned in the Oslo Accords, Israel allowed the PLO to establish interim administrative institutions in the Palestinian territories, which came in the form of the PNA. It was given civilian control in Area B and civilian and security control in Area A, and remained without involvement in Area C. In 2005, following the implementation of Israel's unilateral disengagement plan, the PNA gained full control of the Gaza Strip with the exception of its borders, airspace, and territorial waters.[iii] Following the inter-Palestinian conflict in 2006, Hamas took over control of the Gaza Strip (it already had majority in the PLC), and Fatah took control of the West Bank. From 2007, the Gaza Strip was governed by Hamas, and the West Bank by Fatah.
On 29 November 2012, in a 138–9 vote (with 41 abstentions and 5 absences), the United Nations General Assembly passed resolution 67/19, upgrading Palestine from an "observer entity" to a "non-member observer state" within the United Nations system, which was described as recognition of the PLO's sovereignty. Palestine's new status is equivalent to that of the Holy See.
The UN has permitted Palestine to title its representative office to the UN as "The Permanent Observer Mission of the State of Palestine to the United Nations", and Palestine has instructed its diplomats to officially represent "The State of Palestine"—no longer the Palestinian National Authority. On 17 December 2012, UN Chief of Protocol Yeocheol Yoon declared that "the designation of 'State of Palestine' shall be used by the Secretariat in all official United Nations documents", thus recognising the title 'State of Palestine' as the state's official name for all UN purposes; on 21 December 2012, a UN memorandum discussed appropriate terminology to be used following GA 67/19. It was noted therein that there was no legal impediment to using the designation Palestine to refer to the geographical area of the Palestinian territory. At the same time, it was explained that there was also no bar to the continued use of the term "Occupied Palestinian Territory including East Jerusalem" or such other terminology as might customarily be used by the Assembly. As of 31 July 2019, 138 (71.5%) of the 193 member states of the United Nations have recognised the State of Palestine. Many of the countries that do not recognise the State of Palestine nevertheless recognise the PLO as the "representative of the Palestinian people". The PLO's Executive Committee is empowered by the Palestinian National Council to perform the functions of government of the State of Palestine.
The governorates in the West Bank are grouped into three areas per the Oslo II Accord. Area A forms 18% of the West Bank by area, and is administered by the Palestinian government. Area B forms 22% of the West Bank, and is under Palestinian civil control, and joint Israeli-Palestinian security control.Area C, except East Jerusalem, forms 60% of the West Bank, and is administered by the Israeli Civil Administration, except that the Palestinian government provides the education and medical services to the 150,000 Palestinians in the area. More than 99% of Area C is off limits to Palestinians. There are about 330,000 Israelis living in settlements in Area C, in the Judea and Samaria Area. Although Area C is under martial law, Israelis living there are judged in Israeli civil courts.
East Jerusalem (comprising the small pre-1967 Jordanian eastern-sector Jerusalem municipality together with a significant area of the pre-1967 West Bank demarcated by Israel in 1967) is administered as part of the Jerusalem District of Israel, but is claimed by Palestine as part of the Jerusalem Governorate. It was effectively annexed by Israel in 1967, by application of Israeli law, jurisdiction and administration under a 1948 law amended for the purpose, this purported annexation being constitutionally reaffirmed (by implication) in Basic Law: Jerusalem 1980, but this annexation is not recognised by any other country. In 2010 of the 456,000 people in East Jerusalem, roughly 60% were Palestinians and 40% were Israelis. However, since the late 2000s, Israel's West Bank Security Barrier has effectively re-annexed tens of thousands of Palestinians bearing Israeli ID cards to the West Bank, leaving East Jerusalem within the barrier with a small Israeli majority.
Representation of the State of Palestine is performed by the Palestine Liberation Organization (PLO). In states that recognise the State of Palestine it maintains embassies. The Palestine Liberation Organization is represented in various international organizations as member, associate or observer. Because of inconclusiveness in sources in some cases it is impossible to distinguish whether the participation is executed by the PLO as representative of the State of Palestine, by the PLO as a non-state entity or by the PNA.
International recognition of the State of Palestine
As of 31 July 2019, 138 (71.5%) of the 193 member states of the United Nations have recognised the State of Palestine. Many of the countries that do not recognise the State of Palestine nevertheless recognise the PLO as the "representative of the Palestinian people". The PLO's executive committee is empowered by the PNC to perform the functions of government of the State of Palestine.
On 3 October 2014, new Swedish Prime Minister Stefan Löfven used his inaugural address in parliament to announce that Sweden would recognise the state of Palestine. The official decision to do so was made on 30 October, making Sweden the first EU member state outside of the former communist bloc to recognise the state of Palestine. Most of the EU's 28 member states have refrained from recognising Palestinian statehood and those that do – such as Hungary, Poland, and Slovakia – did so before accession.
On 13 October 2014, the UK House of Commons voted by 274 to 12 in favour of recognising Palestine as a state. The House of Commons backed the move "as a contribution to securing a negotiated two-state solution" – although less than half of MPs took part in the vote. However, the UK government is not bound to do anything as a result of the vote: its current policy is that it "reserves the right to recognise a Palestinian state bilaterally at the moment of our choosing and when it can best help bring about peace".
On 2 December 2014, the French parliament voted by 331 to 151 in favour of urging their government to recognise Palestine as a state. The text, proposed by the ruling Socialists and backed by left-wing parties and some conservatives, asked the government to "use the recognition of a Palestinian state with the aim of resolving the conflict definitively".
On 31 December 2014, the United Nations Security Council voted down a resolution demanding the end of Israeli occupation and statehood by 2017. Eight members voted for the Resolution (Russia, China, France, Argentina, Chad, Chile, Jordan, Luxembourg), however following strenuous US and Israeli efforts to defeat the resolution, it did not get the minimum of nine votes needed to pass the resolution. Australia and the United States voted against the resolution, with five other nations abstaining.
Children waving a Palestinian flag, West Bank
On 10 January 2015, the first Palestinian embassy in a western European country is opened in Stockholm, Sweden.
On 16 January, 2015, the International Criminal Court announced that, since Palestine was granted observer State status in the UN by the UNGA, it must be considered a "State" for the purposes of accession to the Rome Statute.
On 13 May 2015, the Vatican announced it was shifting recognition from the PLO to the State of Palestine, confirming a recognition of Palestine as a state after the UN vote of 2012. Monsignor Antoine Camilleri, Vatican foreign minister, said the change was in line with the evolving position of the Holy See, which has referred unofficially to the State of Palestine since Pope Francis's visit to the Holy Land in May 2014.
On 23 December 2015 the UN General Assembly adopted a resolution demanding Palestinian sovereignty over the natural resources in the Palestinian territories under Israeli occupation. It called on Israel to desist from the exploitation, damage, cause of loss or depletion and endangerment of Palestinian natural resources, the right of Palestinians to seek restitution for extensive destruction. The motion was passed by 164 votes to 5, with Canada, Federated States of Micronesia, Israel, Marshall Islands, and the United States opposing.
In August 2015, Palestine's representatives at the UN presented a draft resolution that would allow the non-member observer states Palestine and the Holy See to raise their flags at the United Nations headquarters. Initially, the Palestinians presented their initiative as a joint effort with the Holy See, which the Holy See denied.
In a letter to the Secretary General and the President of the General Assembly, Israel's Ambassador at the UN Ron Prosor called the step "another cynical misuse of the UN ... in order to score political points".
After the vote, which was passed by 119 votes to 8 with 45 countries abstaining, the US Ambassador Samantha Power said that "raising the Palestinian flag will not bring Israelis and Palestinians any closer together". US Department of State spokesman Mark Toner called it a "counterproductive" attempt to pursue statehood claims outside of a negotiated settlement.
At the ceremony itself, U.N. Secretary-General Ban Ki-moon said the occasion was a "day of pride for the Palestinian people around the world, a day of hope.", and declared "Now is the time to restore confidence by both Israelis and Palestinians for a peaceful settlement and, at last, the realization of two states for two peoples."
There are a wide variety of views regarding the status of the State of Palestine, both among the states of the international community and among legal scholars. The existence of a state of Palestine, although controversial, is a reality in the opinions of the states that have established bilateral diplomatic relations.
The State of Palestine has a number of security forces, including a Civil Police Force, National Security Forces and Intelligence Services, with the function of maintaining security and protecting Palestinian citizens and the Palestinian State.
According to the Palestinian Central Bureau of Statistics, the State of Palestine had population of 4,420,549 people in 2013. Within an area of 6,020 square kilometres (2,320 sq mi), there is a population density of about 827 people per square kilometre. To put this in a wider context, the average population density of the world was 25 people per square kilometre as of 2017.
According to the Palestinian Ministry of Health (MOH), as of 2017, there were 743 primary health care centers in Palestine (583 in the West Bank and 160 in Gaza), and 81 hospitals (51 in the West Bank, including East Jerusalem, and 30 in Gaza).
Operating under the auspices of the World Health Organization (WHO)the Health Cluster for the occupied Palestinian territory (oPt) was established in 2009 and represents a partnership of over 70 local and international nongovernmental organisations and UN agencies providing a framework for health actors involved in the humanitarian response for the oPt. The Cluster is co-chaired by the MOH to ensure alignment with national policies and plans.
The report of WHO Director-General of May 1, 2019 describes health sector conditions in the oPt identifying strategic priorities and current obstacles to their achievement pursuant to the country cooperation strategy for WHO and the Occupied Palestinian Territory 2017–2020.
The literacy rate of Palestine was 96.3% according to a 2014 report by the United Nations Development Programme, which is high by international standards. There is a gender difference in the population aged above 15 with 5.9% of women considered illiterate compared to 1.6% of men. Illiteracy among women has fallen from 20.3% in 1997 to less than 6% in 2014.
Tourism in the territory claimed by State of Palestine refers to tourism in East Jerusalem, the West Bank and the Gaza Strip. In 2010, 4.6 million people visited the Palestinian territories, compared to 2.6 million in 2009. Of that number, 2.2 million were foreign tourists while 2.7 million were domestic. Most tourists come for only a few hours or as part of a day trip itinerary. In the last quarter of 2012 over 150,000 guests stayed in West Bank hotels; 40% were European and 9% were from the United States and Canada. Lonely Planet travel guide writes that "the West Bank is not the easiest place in which to travel but the effort is richly rewarded." In 2013 Palestinian Authority Tourism minister Rula Ma'ay'a stated that her government aims to encourage international visits to Palestine, but the occupation is the main factor preventing the tourism sector from becoming a major income source to Palestinians. There are no visa conditions imposed on foreign nationals other than those imposed by the visa policy of Israel. Access to Jerusalem, the West Bank, and Gaza is completely controlled by the Government of Israel. Entry to the occupied Palestinian territories requires only a valid international passport.
Water supply and sanitation in the Palestinian territories are characterized by severe water shortage and are highly influenced by the Israeli occupation. The water resources of Palestine are fully controlled by Israel and the division of groundwater is subject to provisions in the Oslo II Accord.
Generally, the water quality is considerably worse in the Gaza strip when compared to the West Bank. About a third to half of the delivered water in the Palestinian territories is lost in the distribution network. The lasting blockade of the Gaza Strip and the Gaza War have caused severe damage to the infrastructure in the Gaza Strip.
Concerning wastewater, the existing treatment plants do not have the capacity to treat all of the produced wastewater, causing severe water pollution. The development of the sector highly depends on external financing.
^ Note that the name Palestine can commonly be interpreted as the entire territory of the former British Mandate, which today also incorporates Israel. The history was expressed by Mahmoud Abbas in his September 2011 speech to the United Nations: "... we agreed to establish the State of Palestine on only 22% of the territory of historical Palestine – on all the Palestinian Territory occupied by Israel in 1967." The name is also officially used as the short-form reference to the State of Palestine and this should be distinguished from other homonymous uses for the term including the Palestinian Authority, the Palestine Liberation Organization, and the subject of other proposals for the establishment of a Palestinian state.
^ abLapidoth, Ruth (2011). "Jerusalem: Some Legal Issues"(PDF). The Jerusalem Institute for Israel Studies. p. 26. Archived(PDF) from the original on 5 June 2014. Retrieved 5 June 2014. The attitude of the Palestinians was expressed inter alia in 1988 and 2002. When the Palestine National Council proclaimed in November 1988 the establishment of a Palestinian State, it asserted that Jerusalem was its capital. In October 2002, the Palestinian Legislative Council adopted the Law on the Capital, which stipulates that Jerusalem is the capital of the Palestinian State, the main seat of its three branches of government. The State of Palestine is the sovereign of Jerusalem and of its holy places. Any statute or agreement that diminishes the rights of the Palestinian State in Jerusalem is invalid. This statute can be amended only with the consent of two-thirds of the members of the Legislative Council. The 2003 Basic Law also asserts that Jerusalem is the capital of the State of Palestine. Reprinted from: Wolfrum, Rüdiger (ed.) (online 2008, print 2011). The Max Planck Encyclopedia of Public International Law. Oxford University Press.
^Miskin, Maayana (5 December 2012). "PA Weighs 'State of Palestine' Passport". israelnationalnews.com. Arutz Sheva. Archived from the original on 7 December 2012. Retrieved 8 June 2014. A senior PA official revealed the plans in an interview with Al-Quds newspaper. The change to 'state' status is important because it shows that 'the state of Palestine is occupied,' he said.
^ abcdSayigh, Yezid (1999). Armed Struggle and the Search for State: The Palestinian National Movement, 1949–1993 (illustrated ed.). Oxford University Press. p. 624. ISBN9780198296430. "The Palestinian National Council also empowered the central council to form a government-in-exile when appropriate, and the executive committee to perform the functions of government until such time as a government-in-exile was established."
^"Palestinian National Council (PNC)". European Institute for Research on Mediterranean and Euro-Arab Cooperation. Medea Institute. Archived from the original on 6 August 2011. Retrieved 16 June 2014. The Palestinian National Council (PNC), Parliament in exile of the Palestinian people, is the most important institution of the Palestinian Liberation Organisation (PLO). The PNC elects the Executive Committee of the organization which makes up the leadership between sessions.
^Kelly, Tobias (May 2009). Von Benda-Beckmann, Franz; Von Benda-Beckmann, Keebet; Eckert, Julia M. (eds.). Laws of Suspicion:Legal Status, Space and the Impossibility of Separation in the Israeli-occupied West Bank. Rules of Law and Laws of Ruling: On the Governance of Law. Ashgate Publishing. p. 91. ISBN9780754672395.
^Segal, Jerome M., Chapter 9, "The State of Palestine, The Question of Existence", in Philosophical perspectives on the Israeli-Palestinian conflict, Tomis Kapitan editor, M.E. Sharpe, 1997, ISBN1-56324-878-6.
^Boyle, Francis A. Creation of the State of Palestine; 1 Eur. J. Int'l L. 301 (1990)
^Kearney, Michael and Denayer, Stijn, Al-Haq Position Paper on Issues Arising from the Palestinian Authority's Submission of a Declaration to the Prosecutor of the International Criminal Court Under Article 12(3) of the Rome Statute (24 December 2009), para 43.a.
^Fatta, D. (2005). "Urban Wastewater Treatment and Reclamation for Agricultural Irrigation: The situation in Morocco and Palestine". The Environmentalist. 24 (4): 227–236. doi:10.1007/s10669-005-0998-x.
^Tobias Kelly, "Laws of Suspicion: Legal Status, Space and the Impossibility of Separation in the Israeli-occupied West Bank", Franz von Benda-Beckmann, Keebet von Benda-Beckmann, Julia M. Eckert (eds.)
Rules of Law and Laws of Ruling: On the Governance of Law, Ashgate Publishing 2009, pp. 83–99
^Israel's Disengagement Plan: Renewing the Peace ProcessArchived 2 March 2007 at the Wayback Machine: "Israel will guard the perimeter of the Gaza Strip, continue to control Gaza air space, and continue to patrol the sea off the Gaza coast. ... Israel will continue to maintain its essential military presence to prevent arms smuggling along the border between the Gaza Strip and Egypt (Philadelphi Route), until the security situation and cooperation with Egypt permit an alternative security arrangement."
^Goldberg 2001, p. 147: "The parallels between this narrative and that of Exodus continue to be drawn. Like Pharaoh before him, Herod, having been frustrated in his original efforts, now seeks to achieve his objectives by implementing a program of infanticide. As a result, here - as in Exodus - rescuing the hero's life from the clutches of the evil king necessitates a sudden flight to another country. And finally, in perhaps the most vivid parallel of all, the present narrative uses virtually the same words of the earlier one to provide the information that the coast is clear for the herds safe return: here, in Matthew 2:20, "go [back]… for those who sought the Childs life are dead; there, in Exodus 4:19, go back… for all the men who sought your life are dead."
Shatz, Adam, "We Are Conquerors" (review of Tom Segev, A State at Any Cost: The Life of David Ben-Gurion, Head of Zeus, 2019, 804 pp., ISBN978 1 78954 462 6), London Review of Books, vol. 41, no. 20 (24 October 2019), pp. 37–38, 40–42. "Segev's biography... shows how central exclusionary nationalism, war and racism were to Ben-Gurion's vision of the Jewish homeland in Palestine, and how contemptuous he was not only of the Arabs but of Jewish life outside Zion. [Liberal Jews] may look at the state that Ben-Gurion built, and ask if the cost has been worth it." (p. 42 of Shatz's review.)