Palestine Before Israel: The Foundational Roots of the Conflict and the Problem of Legitimacy

The Palestinian issue is not a traditional border dispute between two equal states, but rather the result of a complex historical process that involved the emergence of a settler-colonial, racist, and replacement entity at the expense of an existing people and land. To understand it objectively, one must go back to the moment of its founding and analyze it from historical, political, and legal perspectives. First: Palestine before 1948. Until May 15, 1948, Palestine was an entity with a clear historical and demographic identity, under British Mandate since 1920, with the aim of paving the way for independence. There was no political entity called Israel, but rather an indigenous Palestinian society, religiously diverse and historically rooted, with a limited Jewish presence within the social fabric. Second: The British Mandate and the Balfour Declaration. The Balfour Declaration of 1917 constituted a turning point, as Britain pledged to support the establishment of a national home for Jews in a land they did not own, ignoring the rights of the Palestinian majority. During the Mandate: Organized Jewish immigration was facilitated. Political and military protection was provided to Zionist gangs. Palestinian resistance was suppressed, and social and economic structures were destroyed. Thus, the principle of self-determination, a cornerstone of international law, was undermined. Third: The Nakba. The establishment of Israel in 1948 was the result of an ethnic cleansing process: the displacement of more than 750,000 Palestinians. The destruction of hundreds of villages and towns, exceeding 550 towns and villages. Massacres were committed to prevent return.... This event formed the basis of the new state and made the question of legitimacy ongoing. Fourth: The Political Dimension. Israel did not transform into a normal state, but its project became a permanent racist system of control over another people, through the 1967 occupation, settlement, and the imposition of facts by force. The goal was to manage the conflict while maintaining superiority, not to resolve it and achieve peace. Fifth: The Legal Dimension: Israel's legal problems include: Violation of the principle of self-determination. Prevention of refugee return (UN Resolution 194). Settlement in occupied territories as a war crime according to the Geneva Conventions. International recognition did not grant legal immunity, but it reflects the balance of power. Sixth: Legitimate Criticism versus the Discourse of Annihilation: Criticizing the genesis of Israel and its policies does not mean advocating for exclusion or extermination, but rather for dismantling a discriminatory settler-colonial system and restoring historical justice. Distinguishing between individuals and the political system is essential for the credibility of the discourse. In conclusion: The Palestinian issue is the deprivation of a people of their right to land, sovereignty, and return. Israel did not arise as a result of natural development, but in an exceptional colonial context. Without addressing the foundational roots, any settlement will remain temporary and fragile. True peace is based on justice, recognition of rights, and correction of the results of historical injustice. This is represented in the right of the Palestinian people to return, self-determination, and the establishment of an independent Palestinian state with Jerusalem as its capital.