The principle of uti possidetis juris and the borders of Israel

David Kretzmer (author)

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Title	The principle of uti possidetis juris and the borders of Israel
Contributor	David Kretzmer (author)
DOI	https://doi.org/10.59704/56d077173ad83509
Landing page	https://verfassungsblog.de/the-principle-of-uti-possidetis-juris-and-the-borders-of-israel/
License	https://creativecommons.org/licenses/by-sa/4.0/
Publisher	Verfassungsblog
Published on	2025-09-09
Long abstract	The principle uti possidetis juris, raised in the Dissenting Opinion of Vice-President Sebutinde and according to which a new State established in formerly colonial territory inherits the former (colonial) borders is untenable in the situation of Israel. The reason is that at the time of independence Israel’s leaders accepted the principle of partition. No claim was made then or subsequently that the State of Israel inherited the borders of Mandatory Palestine and legislative acts reveal that Israel even regarded territories not within the UN Partition Plan borders as occupied territory.
Language	English (Original)

The principle uti possidetis juris, raised in the Dissenting Opinion of Vice-President Sebutinde and according to which a new State established in formerly colonial territory inherits the former (colonial) borders is untenable in the situation of Israel. The reason is that at the time of independence Israel’s leaders accepted the principle of partition. No claim was made then or subsequently that the State of Israel inherited the borders of Mandatory Palestine and legislative acts reveal that Israel even regarded territories not within the UN Partition Plan borders as occupied territory.