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These prints are available upon request from the Dissertations Customer Services Department. 5. Some pages in any document may have indistinct print. In all cases the best available copy has been filmed. University M icrofilm s International 300 N. Zeeb Road Ann Arbor, Ml 48106 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ReproducedReproduced with with permission permission of the of copyright the copyright owner. owner.Further reproductionFurther reproduction prohibited without prohibited permission. without permission. Order N’unber 1333079 The legal status of the Palestine Liberation Organization under international law Al-Jubeir, Nail Ahmed, M.A. The American University, 1987 Copyright ©1987 by Al-Jubeir, Nail Ahmed. All rights reserved. UMI 300 N. Zeeb Rd. Ann Arbor, MI 48106 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ReproducedReproduced with with permission permission of the of copyright the copyright owner. owner.Further reproductionFurther reproduction prohibited without prohibited permission. without permission. PLEASE NOTE: In all cases this material has been filmed in the best possible way from the available copy. Prob'ems encountered with this document have been identified here with a check mark V . 1. Glossy photographs or pages_____ 2. Colored illustrations, paper or print______ 3. Photographs with dark background____ 4. Illustrations are poor copy______ 5. Pages with black marks, not original copy 6. Print shows through as there is text on both sides of page______ 7. indistinct, broken or smaii print on severai pages/ 8. Print exceeds margin requirements_____ 9. Tightly bound copy with print lost in spine______ 10. Computer printout pages with indistinct print______ 11. Page(s)__________ lacking when material received, and not available from school or author. 12. Page(s)__________ seem to be missing in numbering only as text follows. 13. Two pages numbered . Text follows. 14. Curling and wrinkled pages_____ 15. Dissertation contains pages with print at a slant, filmed as received________ 16. O t h e r______________________________________________________________ __ University Microfilms International Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Reproduced with with permission permission of the of copyright the copyright owner. owner.Further reproductionFurther reproduction prohibited without prohibited permission. without permission. THE LEGAL STATUS OF THE PALESTINE LIBERATION ORGANIZATION UNDER INTERNATIONAL LAW by Nail A. Al-Jubeir submitted to the Faculty of the College of Public and International Affairs of The American University in Partial Fulfillment of The Requirements for the Degree of Master of Arts in International Affairs Signatures of Committee: Chairman: X w - P . b k L ' X U . 1/wftwLoi ^wnvt— — * Deanlean of t|iettie CollegeC< "-I*/*? Date 1 1937 The American University i ^ , Washington, D.C. 20016 (p&U’ THE AMERICAN UEI7EH5ITY LIBRARY Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. © COPYRIGHT BY NAIL A. AL-JUBEIR 1987 ALL RIGHTS RESERVED Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. This work is dedicated to a woman who has given so much yet has asked for so little... _ to my mother Nourah bint Abdulrahman Al-Abduljabbar Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. THE LEGAL STATUS OF THE PALESTINE LIBERATION ORGANIZATION UNDER INTERNATIONAL LAW by Nail A. Al-Jubeir ABSTRACT This thesis is a study of the special status of the Prlestine Liberation Organization in international law. To facilitate the analysis of the status of the Palestine Liberation Organization, the hypothesis examines four aspects of the PLO's role in the international system. The first aspect concerns the PLO as a major non-state actor in the global system. The second aspect illustrates the international personality of the PLO, both as a government- in-exile and as a "public body." The third aspect considers the organization's rights and duties under the law of war. The PLO’s status under the international law of war encompasses the "just war" concept and the contemporary meaning of "war of liberation/resistance" under international conventions. The fourth aspect examines the concept of Jihad under the Islamic law of nations and its application to the PLO, although the PLO does not regard itself as an Islamic movement. i i Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ACKNOWLEDGEMENTS I am grateful to many people who helped me finish this thesis, especially the members of my committee, Dr. Larman C. Wilson, chairman, and Dr. Robert W. Gregg, for their encouragement, comments, and criticism which enabled me to crystallize many of the ideas found in this research. A special word of thanks goes to my brothers and sisters— Nawal, Nahlah, Maher, Mazen and Halah— for their support and patience during the initial research stage and throughout the tedious writing and editing process. I also would like to acknowledge my indebtedness to my brother Adel, who took time from his doctoral studies to review the numerous copies and revisions of this work. Finally, I would like to express my thanks to the government of Saudi Arabia for providing me with the opportunity to study in the United States. While so many people have affected the final outcome of this research, the ultimate responsibility of the paper's content, however, is mine. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. TABLE OF CONTENTS ABSTRACT ................................................... ii ACKNOWLEDGEMENTS ......................................... i ii Chapter I. INTRODUCTION ...................................... 1 II. THE ROLE OF NON-STATE ACTORS IN INTERNATIONAL LAW .................................................... 8 State-Centric Model ............................ 9 Theoretical Approach .... 10 Practical Approach • •.••••...•.• 15 Sovereignty vs. Autonomy ................... 21 Non-State Actors ................................ 25 The Palestinian Resistance ..................... 27 III. THE PALESTINE LIBERATION ORGANIZATION AND INTERNATIONAL L A W ........................... 30 The Palestinian Resistance: Case of Succession.................................... 31 The Palestine Liberation Organization ......... 36 S tructure .................................... 40 G o a l s ........................................ 45 International Personality of the P L O .......... 48 Recognition ....... ................... 53 The PLO and Governmental Organizations . 58 Legal A u t h o r i t y ..............................61 The PLO as a Government-in-Exile...............63 The Zionist Organization/Jewish Agency ........ 68 IV. THE PALESTINE LIBERATION ORGANIZATION AND THE LAW OF W A R ........................................ 82 Just W a r ...................................... 83 Necessity Principle ............................ 84 The Hague Conventions .......................... 88 The Geneva Conventions .............92 Protocols I and II of 1977 ..................... 97 Israel and Protocol I I .......................... 103 War of Liberation and the P L O ..................108 iv Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. The PLO and the Status of Prisoner-of-War . 109 V. THE PALESTINE LIBERATION ORGANIZATION AND THE ISLAMIC LAW OF N A T I O N S .............................123 Historical Development ........................ 123 J
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