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The Status of Judea and Samaria Revisited: A Response to Eyal Benvenisti

  • Yehuda Z Blum (a1)
Extract

The July 2017 issue of the Israel Law Review celebrated the fiftieth anniversary of its publication, and for that occasion selected five articles (one for each decade) which, in the Editors’ view, ‘had a lasting impact on scholarly debate and beyond’. For the first decade the Editors chose my article ‘The Missing Reversioner: Reflections on the Status of Judea and Samaria’, which appeared in the July 1968 issue, and asked Professor Eyal Benvenisti to comment on my piece, which he did under the title ‘An Article that Changed the Course of History?’ Not unexpectedly, Benvenisti has made a frontal attack on the central thesis of my article, which he reproduced in virtually identical language in the April 2017 issue of the American Journal of International Law.

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1 Benvenisti, Eyal, ‘The Missing Argument: The Article that Changed the Course of History?’ (2017) 111 AJIL Unbound 3135.

2 Lauterpacht, Elihu, Jerusalem and the Holy Places (Anglo-Israel Association 1968).

3 Stone, Julius, No Peace – No War in the Middle East: Legal Problems of the First Year (Maitland Publications for the International Law Association (Australian Branch) 1969).

4 Schwebel, Stephen, ‘What Weight to Conquest?’ (1970) 64 American Journal of International Law 344, 346.

5 Blum, Yehuda Z, Secure Boundaries and Middle East Peace (Harry and Michael Sacher Institute for Legislative Research and Comparative Law, Faculty of Law, The Hebrew University of Jerusalem 1971).

6 Yehuda Z Blum, ‘The Juridical Status of Jerusalem’ (1974) Jerusalem Papers on Peace Problems No 2, Leonard Davis Institute for International Relations, The Hebrew University of Jerusalem.

7 Ro'i, Yaakov, Soviet Decision Making in Practice: The USSR and Israel 1947–1954 (Transaction Books 1980) 236.

8 Minquiers and Ecrehos (France v England), Judgment [1953] ICJ Rep 47, 67.

9 Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War (entered into force 21 October 1950) 75 UNTS 287.

10 Divrei HaKnesset [Parliamentary Records], vol 49 (27 June 1967), col 2420 (in Hebrew, translated by the author).

11 Blum, Yehuda Z, Will ‘Justice’ Bring Peace? International Law – Selected Articles and Legal Opinions (Brill/Nijhoff 2016).

12 Shamgar, Meir, ‘The Observance of International Law in the Administrated Territories’ (1971) 1 Israel Yearbook on Human Rights 262.

13 Benvenisti (n 1) 31.

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Israel Law Review
  • ISSN: 0021-2237
  • EISSN: 2047-9336
  • URL: /core/journals/israel-law-review
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