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2 J. Refugee Stud. 40 (1989)
Some Legal Reflections on Prolonged Israeli Occupation of Gaza and the West Bank

handle is hein.journals/jrefst2 and id is 52 raw text is: Journal of Refugee Studies Vol 2. No. 1 1989 Some Legal Reflections on Prolonged Israeli Occupation of Gaza and the West Bank RICHARD FALK Professor Falk is Albert G Milbank Professor of International Law and Practice at Princeton University. He was co-editor of Crimes of War (1971). I am very grateful to the organizers of this conference for taking such an initiative at this time. There is no situation in international affairs that so strongly demands an international response as does the continuing character of Israeli occupation of Gaza and the West Bank. An intensifying consensus virtually independent of political outlook as to the underlying Arab-Israeli conflict now agrees that a humanitarian challenge exists requiring resolution by way of Israeli withdrawal. Necessarily, when speaking at a safe distance from the actual circumstances of jeopardy, it is essential to proceed with care and deference to the well-being and sensitivities of the actual participants in this ongoing struggle to establish secure control over this contested land. At the same time, it is also true that as human beings living in a world that is con- nected inevitably and in many different ways, we are all implicated directly and indirectly by injustices that are tolerated, or even facilitated, particularly if the perpetrators enjoy a certain kind of economic and diplomatic blessing from the governments of countries to which we as individuals owe a particular allegiance. Therefore, I think that at this stage of reflection the peoples of the world are obliged to recognize that no circumstance of injustice is removed from their proper sphere of concern and response because its locus of harm is situated within the territory of a foreign state. International law of human rights is overwhelmingly dedicated to the protection of all persons, but especially those who are most vulnerable to abuse, whether the underlying circumstance is one of war or peace, and whether the persons affected are fellow-residents or tormented in distant lands. International Law, Human Rights and the Palestinian Problem There are in the world today various categories of refugees, displaced persons, and populations living under alien military occupation, who are trapped in unresolved political collisions of opposed nationalisms. These situations gen- erate some of the most appalling circumstances of mass distress in the world as 0 Oxford University Press 1989

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