THE UNITED NATIONS PLAN OF PARTITION FOR PALESTINE REVISITED: ON THE ORIGINS OF PALESTINE’S INTERNATIONAL LEGAL SUBALTERNITY (Ardi Imseis)
The main claim advanced is that Resolution 181(II) was an expression of an international rule by law, rather than an international rule of law, through which law was used, abused or selectively applied with grossly iniquitous results. To this end, it undertakes a critical international legal analysis of Resolution 181(II) with specific reference to the verbatim and summary records of the United Nations Special Committee (UNSCOP) on Palestine whose report of September 1947 formed the basis of both the Resolution’s text and its underlying rationale
UNSCOP acknowledged that “in addition, there will be in the Jewish State about 90,000 Bedouins,” providing virtual parity in the ethnic composition of the proposed Jewish State, with 498,000 Jews to 497,000 Arabs. ( This was further compounded by the findings of sub-committee 2 of the ad hoc committee, which reported to the General Assembly that UNSCOP’s estimated figures had to be corrected in light of the updated information furnished to it by the British. That information indicated that there would be 105,000 Bedouin in the Jewish State, not 90,000. As noted by the sub-committee, this meant that “the proposed Jewish State will contain a total population of 1,080,800, consisting of 509,780 Arabs and 499,020 Jews.) In other words, at the outset, the Arabs will have a majority in the proposed Jewish State.
References: The Stanford Journal of International Law VOLUME 57, NUMBER 1 WINTER 2021