The Six-Day War and Israeli Self-Defense :Questioning the Legal Basis for Preventive War

Publication subTitle :Questioning the Legal Basis for Preventive War

Author: John Quigley  

Publisher: Cambridge University Press‎

Publication year: 2012

E-ISBN: 9781139604321

P-ISBN(Paperback): 9781107032064

Subject: D995 international law of war (war)

Keyword: 国际法

Language: ENG

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The Six-Day War and Israeli Self-Defense

Description

The war of June 1967 between Israel and Arab states was widely perceived as being forced on Israel to prevent the annihilation of its people by Arab armies hovering on its borders. Documents now declassified by key governments question this view. The UK, USSR, France and the USA all knew that the Arab states were not in attack mode and tried to dissuade Israel from attacking. In later years, this war was held up as a precedent allowing an attack on a state that is expected to attack. It has even been used to justify a pre-emptive assault on a state expected to attack well in the future. Given the lack of evidence that it was waged by Israel in anticipation of an attack by Arab states, the 1967 war can no longer serve as such a precedent. This book seeks to provide a corrective on the June 1967 war.

Chapter

A CURIOUS REPORT

VERBAL CONFRONTATION

EGYPT'S REACTION

3 Egypt Flexes Its Muscle

WITHDRAWAL OF UN TROOPS

JORDAN'S CONCERN

SHIPPING RESTRICTIONS: GULF OF AQABA

THE PALESTINE DIMENSION

THE MAJOR POWERS ENTER THE FRAY

US EXPECTATION OF WAR

4 Historical Opportunity for Israel

ISRAEL PRESSES ITS CLAIM OF AN IMMINENT EGYPTIAN ATTACK

MOVEMENT ON RESOLVING AQABA?

ISRAEL NEARS A DECISION

ELEVENTH-HOUR EFFORTS

INVASION ON HOLD

PART TWO: Cold War Togetherness

5 Britain Has a Plan

AMBIGUOUS ENFORCEMENT OF SHIPPING RESTRICTIONS

DOUBTS ABOUT A NAVAL ESCORT

THE UNITED STATES AT AN IMPASSE

JORDAN-EGYPT DEFENSE PACT

NO SIGN OF AN ATTACK BY EGYPT

6 Southern Passage: Aqaba as Cause for War

A FISHING VILLAGE BECOMES A PORT

IS THE GULF OF AQABA OPEN SEA?

RIGHT OF PASSAGE AFTER THE SUEZ WAR

RIGHT OF PASSAGE UNDER THE TERRITORIAL SEA CONVENTION

RIGHT OF PASSAGE AS OF 1967

EGYPT'S LEGAL RATIONALE

CAN PASSAGE BE GAINED BY FORCE?

WERE EGYPT'S RESTRICTIONS A “BLOCKADE”?

CONTINUING HOSTILITIES FROM 1948

FINDING A WAY SHORT OF WAR

WOULD WAR BE TOO MUCH?

7 “The Americans Will Not Sit Shiva”

END-GAME

FRANCE RAISES THE PRESSURE

ELEVENTH-HOUR SOVIET EFFORT

NASSER TO JOHNSON

ISRAEL MOVES TOWARD ACTION

8 How to Attack: “We Have to Be the Victims”

A DOLPHIN TRICK

AQABA: ONLY A TECHNICAL CAUSE FOR WAR

NO HOLDING THE TIGER

PART THREE: The First Victim of War

9 Turkey Shoot

CIA: ISRAEL FIRED FIRST

ACCOUNT OF THE OUTBREAK

SECURITY COUNCIL SLOW OFF THE MARK

WASHINGTON SORTS IT OUT

WILL WASHINGTON PLAY ALONG?

10 Cover-up in the Security Council

WHO'S TO BLAME?

AN EASTERN FRONT

A CEASE-FIRE WITH HUSSEIN

11 Security Council “in the Dark”

DIVERSION: ATTACK ON AN ALLY

SYRIA AND THE GOLAN HEIGHTS

DRAFT RESOLUTION CHARGING AGGRESSION

US-BRITISH COMPLICITY WITH ISRAEL?

12 Cover-up in the General Assembly

A NEW SOVIET DRAFT RESOLUTION

STATES VOTING AGAINST SOVIET PARAGRAPH ONE

STATES VOTING IN FAVOR OF PARAGRAPH ONE

STATES ABSTAINING ON PARAGRAPH ONE

ISRAEL'S RESPONSE TO CHARGE OF AGGRESSION

ESHKOL'S ABOUT-FACE

SECURITY COUNCIL: STILL NOTHING ON RESPONSIBILITY

PART FOUR: Rallying Round Self-Defense

13 How to Read the Silence on Aggression

CAVEATS ON THE UN DEBATES

PRACTICAL CONSIDERATIONS

14 The Experts Fall in Line

CONFUSION OVER ISRAEL'S CLAIM

NO TO ISRAEL'S ANTICIPATORY SELF-DEFENSE CLAIM

YES TO ISRAEL'S ANTICIPATORY SELF-DEFENSE CLAIM

INTELLECTUAL CLIMATE FOR EXPERT OPINION

15 No Threat? No Matter

OFFICIAL VERSION CHALLENGED

ANOTHER CABINET MEMBER

SPECTER OF THE HOLOCAUST

IMPACT OF CHALLENGES TO THE OFFICIAL STORY

PART FIVE: War Without Limit?

16 War by Mistake

WHAT DID ISRAEL BELIEVE?

DEFENSE AGAINST AN IMAGINED ATTACK

LIKE THE LAW OF ASSAULT?

UNREASONABLE SELF-DEFENSE

17 Defending in Advance

ANTICIPATORY SELF-DEFENSE BEFORE 1967

REFERENCE TO PRE-CHARTER SELF-DEFENSE: THE CAROLINE

ANTICIPATORY SELF-DEFENSE AFTER 1967

ANTICIPATORY SELF-DEFENSE UNDER CONTEMPORARY CONDITIONS

OSIRAK EPISODE

18 A New Doctrine of Preventive War

SELF-DEFENSE OR REPRISAL?

RATIONALE ON AFGHANISTAN

ANTICIPATORY SELF-DEFENSE EXTENDED

NATIONAL SECURITY STRATEGY 2002

IRAQ AND PREVENTIVE WAR

THE JUNE 1967 WAR AS PRECEDENT FOR PREVENTIVE WAR

A DEFINITION OF SELF-DEFENSE FOR WAR AS A CRIME

PART SIX: Peace Sidelined

19 Permanent Takeover?

LONG-TERM HOLD ON PALESTINIAN TERRITORY

JERUSALEM

SOVEREIGNTY OVER THE WEST BANK

POPULATING THE WEST BANK

MIGRATION TO ISRAEL

20 Blocking the Path to Peace

OSLO PROCESS

AN AFTER-THE-FACT REMEDY?

Notes

Bibliography

Index

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