Do rio ao mar”: a questão da Palestina no direito internacional

Abstract

The conflict between Israelis and Palestinians, which has been developing in the international community in a perennial and unresolved way, was reminded to the world by the terrorist attack of the palestinian group Hamas, on October 07 2023, in the south of Israel. The relationship between the two peoples, however, has origins that go back more than a century in the course of Middle Eastern history. Despite the past relationship between the two peoples, the official beginning of the issue in international law, as a clash between two States, is marked by the creation of the State of Israel in 1948, through Resolution 181 (II) of the United Nations General Assembly, which bound the UN to the combat between jews and palestinians that would be intensified in the following years. In this line, in order to analyze the Israeli-Palestinian conflict under the aegis of international law and its consequences for other international subjects, this work resorted to the study of the main international norms applicable to the conflict under analysis, relating them to the most recent and relevant resolutions and opinions approved by the UN, in order to situate the interaction between the two peoples in time and space to understand the current magnitude of the dispute. It was also sought to examine how the effects generated by the controversy affect Brazil, since it, in addition to maintaining ties with Israel and Palestine, is recognized for defending compliance with international norms, as well as for its pacifist foreign policy in dealing with conflicts. It was concluded, in the end, that, although it has a lot of legal production on the matter, the UN cannot guarantee the effective fulfillment of its decisions, which makes its efforts innocuous for the resolution of the dispute, especially in the face of the Jewish state's position of persistent noncompliance with international law. Moreover, it has been noted that Brazil assumes a dubious position in relation to Israel, condemning it for violations of its international obligations, while maintaining its diplomatic and economic relations with the jewish State, in order to achieve its own interests.