Great Powers and Law in the Israeli-Palestinian Conflict: An Analysis in the Context of Avi Shlaim's Work

• • 🇵🇱 Polski
Great Powers and Law in the Israeli-Palestinian Conflict: An Analysis in the Context of Avi Shlaim's Work

Introduction

The Israeli-Palestinian conflict is more than just a local dispute between two nations. It is a process deeply shaped by great powers and the international legal architecture.

Readers will discover how power asymmetry and the role of external patrons have influenced the structure of this clash. The analysis demonstrates that international law often serves as a political tool rather than merely an objective norm.

This text explains why lasting peace requires a shift away from the selective application of principles toward genuine state accountability.

Institutional Asymmetry of Great Powers as the Foundation of Conflict

Great powers established legal frameworks that favored one side from the outset. Examples include the British Mandate for Palestine and the Balfour Declaration of 1917.

These introduced a so-called critical juncture—a turning point where institutions provided the Zionist project with a recognized representative structure and tools for development.

During the same period, the political agency of the Arabs remained ill-defined, reduced merely to a matter of civil rights. This initial disparity in national recognition entrenched an organizational asymmetry between the two communities for decades.

From Imperial Frameworks to Asymmetric Patronage

After 1948, the conflict was absorbed into the Cold War rivalry between the USA and the USSR. This created a system of nested games, where local decisions depended on the calculations of global patrons.

American patronage of Israel generates a phenomenon known as moral hazard. A strong alliance can reduce the political cost of postponing difficult peace compromises.

Although the US employed a model of mediation via resources to insure the risks of peace, the Palestinian process exposed the limits of this method. The mediator may be procedurally active yet structurally conservative if they do not alter the costs associated with the absence of an agreement.

Selective Multilateralism and the Primacy of Legal Norms

In the era of American hegemony, selective multilateralism prevails. Great powers accept international institutions when they serve their interests and block them with a veto otherwise.

Simultaneously, international law—represented by the ICJ and ICC—shifts the burden from state responsibility to individual responsibility. This translates the language of power into a normative language.

Contemporary solutions require combining the normative power of the EU with a new strategy from Arab states. A key condition for stabilization is the recognition that legal violence must be the monopoly of a responsible state, thereby excluding a power vacuum following any potential troop withdrawal.

Summary

International law cannot remain a hostage to the political sympathies of the most powerful players. If standards of security and self-determination are applied selectively, the system merely legitimizes might over right.

Lasting peace requires a transition from facade negotiations to the universal application of norms. The question remains: will the world create an order in which law serves as a real barrier against the arbitrariness of great power authority?

📚 Based on

Israel and Palestine Reappraisals Revisions Refutations

👤 About the book's author

Avi Shlaim

University of Oxford

Avi Shlaim (born October 31, 1945) is an Iraqi-born Israeli-British historian and Emeritus Professor of International Relations at the University of Oxford, where he was a Fellow of St Antony's College. Shlaim is widely recognized as one of the prominent "New Historians," a group of Israeli scholars who challenged traditional Zionist historiography regarding the origins of the 1948 Arab-Israeli War and the broader Israeli-Palestinian conflict using newly declassified Israeli, British, and American archival documents. Elected a Fellow of the British Academy in 2006, his scholarly work focuses on Middle Eastern diplomatic history, the Cold War, and Arab-Israeli relations. His critical revisions of standard historical narratives have significantly reshaped contemporary academic discourse and public debates concerning the modern history of the Middle East and the state of Israel.

Mind map: Great Powers and Law in the Israeli-Palestinian Conflict

📖 Glossary

Critical juncture
Kluczowy punkt zwrotny w historii, w którym decyzje instytucjonalne tworzą ścieżkę rozwoju trudną do zmiany w przyszłości.
Nested games
Sytuacja, w której aktorzy prowadzą równolegle grę na poziomie lokalnym i globalnym, kalkulując reakcje swoich patronów.
Moral hazard
Ryzyko podejmowania przez sojusznika bardziej ryzykownych decyzji w przekonaniu, że silniejszy patron zapewni mu ochronę i wsparcie.
Brussels effect
Zdolność Unii Europejskiej do narzucania swoich standardów regulacyjnych i prawnych globalnym rynkom poprzez potęgę gospodarczą.
Capability-expectations gap
Rozdźwięk między wysokimi oczekiwaniami świata wobec roli politycznej danej organizacji a jej realnymi możliwościami działania.
Selektywny multilateralizm
Podejście mocarstw polegające na akceptowaniu współpracy wielostronnej tylko wtedy, gdy jest ona zgodna z ich własnymi interesami.

Frequently Asked Questions

How have the actions of great powers and international institutions influenced the structure of the Israeli-Palestinian conflict?
Great powers and international institutions co-created the structure of the conflict by establishing legal frameworks, such as the Mandate for Palestine, and proposing territorial partitions. Their actions introduced asymmetry in national recognition and organizational development for both sides, while global power rivalry integrated the dispute into the orbit of Cold War politics.
How did the influence of great powers and patronage mechanisms shape the course of the Israeli-Palestinian conflict in the post-colonial period?
After 1948, the conflict was absorbed into the Cold War system, in which the USA built a strategic relationship with Israel, while the USSR aligned itself with Arab states. Patronage mechanisms provided allies with security and resources, which could lead to moral hazard and the weakening of natural international constraints. Simultaneously, the USA acted as a resource-endowed mediator capable of insuring the risk of compromise or, conversely, reducing the political cost of delaying an agreement.
How do great powers and international institutions influence the course of the conflict in the era of American hegemony and contemporary international law?
Great powers employ selective multilateralism, accepting international institutions only when they serve their interests, and otherwise blocking them (e.g., through the veto power in the Security Council). At the same time, organizations such as the UN and the ICJ influence the conflict by creating legal norms and legitimizing solutions, which shifts the dispute from the realm of force to the realm of legal argumentation.
How can the European Union realistically influence the resolution of the Israeli-Palestinian conflict, given its military limitations?
The European Union can influence the resolution of the conflict by utilizing its economic, regulatory, and normative power instead of military force. Its toolkit includes trade, personal sanctions, funding for the Palestinian Authority, police and border missions, and reconstruction support.
How do current great power rivalry and the change in strategies of Arab states affect the chances of a real resolution to the conflict?
Great power rivalry has turned the conflict into an arena for disputes over the shape of the international order and the credibility of legal norms, with China promoting a two-state solution under UN leadership. Simultaneously, Arab states have changed their strategy, seeking to combine Israel's integration into the region with the real materialization of Palestinian statehood.
What is the key political and legal condition to ensure that the withdrawal of Israeli troops does not lead to the destabilization of the region?
The key condition is the subordination of legal violence to a recognizable and accountable state structure. This requires the disarmament of Hamas and the reform of the Palestinian Authority to avoid the creation of a security vacuum.

Related Questions

🧠 Thematic Groups

Tags:

More in: Szkatułka kosztowności

 Content is created by Fundacja Dobre Państwo.
Edited and published by APA ONE, the Foundation's own AI-based editorial system.