web analytics
October 31, 2014 / 7 Heshvan, 5775
At a Glance
InDepth
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Home » InDepth » Op-Eds »

After 45 years, Judea and Samaria are not ‘occupied’

Prime minister Benjamin Netanyahu receives the report regarding the status of Jewish settlement of Judea and Samaria from retired judge Edmond Levy

Prime minister Benjamin Netanyahu receives the report regarding the status of Jewish settlement of Judea and Samaria from retired judge Edmond Levy
Photo Credit: GPO

http://fresnozionism.org/2012/07/after-45-years-judea-and-samaria-are-not-occupied/

News item:

Retired Supreme Court Justice Edmond Levy, who heads a committee tasked with examining the legality of Jewish construction in Judea and Samaria, declared on Tuesday that Israelis have a legal right to settle the region.

“According to international law, Israelis have a legal right to settle all of Judea and Samaria, at the very least the lands that Israel controls under agreements with the Palestinian Authority,” Levy stated. “Therefore, the establishment of Jewish settlements [in Judea and Samaria] is, in itself, not illegal.”

The committee was established by Prime Minister Benjamin Netanyahu in efforts to determine and cement the legal status of the outposts in Judea and Samaria, with an emphasis on communities that were not built on privately owned Palestinian land but their status was still in doubt due to legal bureaucracy.

The committee issued its report on Tuesday, which was subsequently handed over to Attorney-General Yehuda Weinstein. In the report, Levy wrote that “upon completing the committee’s tasks, and considering the testimonies heard, the basic conclusion is that from an international law perspective, the laws of ‘occupation’ do not apply to the unique historic and legal circumstances surrounding Israel’s decades-long presence in Judea and Samaria.”

“Likewise,” the report said, “the Fourth Geneva Convention [relative to the Protection of Civilian Persons in Time of War] on the transfer of populations does not apply, and wasn’t intended to apply to communities such as those established by Israel in Judea and Samaria.”

None of this is actually ‘news’. Legal scholars like Eugene Rostow and others have argued for years that the proper status of Judea and Samaria is as disputed territory, to which Israel has a prima facie claim.

Unfortunately, the official Israeli position has been that it is a ‘belligerent occupation.’ Such an occupation is defined as temporary, arising from a war between nations, one of which occupies the territory of another. It must be ended by a peace treaty between the parties, since acquisition of land by conquest is forbidden by the UN charter.

This position never made a lick of sense. In addition to ignoring the rights accruing to the Jewish people under the Mandate, it could not explain how Israel could be ‘occupying’ something whose last owner was the Ottoman Empire.

Not only did it not make sense, it provided a door through which Israel’s enemies have entered. For one thing, it means that Israel can’t annex any of it without a peace treaty. But with whom could such a treaty be concluded — the Ottomans, who don’t exist; the Jordanians, who illegally invaded it in 1948; or the PLO, which never ruled the area?

If the Israeli conquest of Judea and Samaria in 1967 and its expulsion of the Jordanian Army did represent an ‘occupation’, then that implies that the Jordanian presence was legitimate, and that the heirs of the Jordanians, the ‘Palestinians’ — represented by the PLO, a terrorist gang that should have zero legitimacy — now have some kind of ‘right’ to the area.

This is too incoherent to be even half-convincing. But what happened is that the PLO conflated the idea of rights granted by international law, which it did not have, with political claims — Palestinians are ‘indigenous’, theirs is a struggle for ‘national liberation’ against an ‘oppressor’, it’s ‘Arab land’, etc.

Those who would prefer that there be no Jewish state found these ideas congenial, and soon accepted the idea of a Palestinian ‘right’ to Judea and Samaria. They began to say “settlements are illegal under international law,” and that they are on “Palestinian land,” despite the fact that this is nonsense.

Unfortunately, Israeli governments did not take the correct line from the beginning. By not vehemently opposing Arab claims, insisting that the territory was disputed rather than occupied, and asserting Israel’s own rights under the Mandate, they allowed the PLO — with the willing connivance of anti-Zionist forces throughout the world — to make its point of view part of the conventional wisdom.

So we have statements like this one, from US State Department spokesman Patrick Ventrell:

…the U.S. position on settlements is clear. Obviously, we’ve seen the reports that an Israeli Government appointed panel has recommended legalizing dozens of Israeli settlements in the West Bank, but we do not accept the legitimacy of continued Israeli settlement activity and we oppose any effort to legalize settlement outposts.

It may be too late to change worldwide perceptions, but I hope Netanyahu’s government will adopt the report and realign its policy — not just about settlements, but its overall position regarding the ‘peace process’ and the Palestinians in keeping with the findings of the committee.

About the Author: Vic Rosenthal created FresnoZionism.org to provide a forum for publishing and discussing issues about Israel and the Mideast conflict, especially where there is a local connection. Rosenthal believes that America’s interests are best served by supporting the democratic state of Israel, the front line in the struggle between Western civilization and radical Islam. The viewpoint is not intended to be liberal or conservative — just pro-Israel.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

One Response to “After 45 years, Judea and Samaria are not ‘occupied’”

  1. Faaar too late and even then incomplete… The Laws of War (Jus ad bellum), the existing conventions on the books, all give a state, which has been victim of aggression (e.g. the Arab aggression against Israel in 1948 and in 1967) the Right to keep territories thus conquered and even to remove hostile civilians. That's what Poland and the so-called USSR did to the Germans in 1945-1946 – with the explicit approval of the US and the UK.
    What it would take would be a PR avallanche to try to sap at the "conventional wisdom", that Yehuda and Shomron are "occupied" and "Arab land". Trouble is the US (not to speak of Europeans…) are more interested in pleasing their Arab friends, than to apply the same laws they applied to Germany, Italy, Japan, Hungary, etc. after WWII.

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Yehudah Glick on the Temple Mount.
Yehuda Glick’s Condition Stabilizing, “He Was Very Lucky” (1:00 PM)
Latest Indepth Stories
Which glass has the poison?

The White House wanted to defame Netanyahu, undermine his reputation, impugn him & his policies

Adolf Hitler and the representative of the Palestinian Arabs, the Mufti of Jerusalem, Amin al-Husseini, December, 1941.

Palestinian anti-Semitism in 2014 is more extreme and mainstream than German A/S in the 1930s.

Sheldon Silver

Woven deeply through it all is the Jewish obligation to fight injustice.

Cravatts-Richard--new

Only in the inverted world of academia would Jewish professors denounce the AMCHA Initiative report.

Many poskim were and are adamant about the responsibility of every individual to vote.

Individuals who may have been abused are the “clients” in need and receiving care and protection.

An accomplished Torah scholar and ardent adherent of Bobov chassidus, he was renowned for his self-effacing dedication and skills as an international lawyer and law professor

The fact that the United States government after World War II sought to take advantage of the expertise of German scientists, even those known to have contributed to the Nazi war effort, is well known and largely accepted as having been necessary for America’s national defense. (Wernher von Braun is perhaps the most famous and […]

The New York State comptroller manages the state’s $180.7 billion pension fund, audits the spending practices of all state agencies and local governments, oversees the New York State and Local Retirement System, reviews the New York State and City budgets, and approves billions in State contracts and spending.

Rabinovich is the author of several popular books on Israel’s wars, including The Battle for Jerusalem, The Yom Kippur War, and The Boats of Cherbourg.

To say he was beloved because of the way he loved his students does not sufficiently capture the reality.

The birth I speak about is to give birth to ourselves, to our full potential.

The extreme hypocrisy, contempt & vulgarity of the attacks indicate more than a policy disagreement

More Articles from Vic Rosenthal
benjamin-netanyahu

The extreme hypocrisy, contempt & vulgarity of the attacks indicate more than a policy disagreement

A map of Israel showing Gaza, Gedera and Tel-Aviv

Expecting the IDF to mount a ground attack against Hamas in Gaza? There may be a better approach…

It looks from here like a really bad weekend in Israel. Some 40-odd rockets were fired from Gaza at southern Israel within 48 hours, as far as Beersheva. Arabs rioted throughout the country, throwing rocks and firebombs at any available Jewish target. They systematically destroyed the light rail tracks, stations and equipment in Arab neighborhoods […]

The problem is a culture whose essence is to negate ours.

The teenagers in the video, then, were either injured non-seriously by rubber bullets, or faking for the camera.

The liberal wing of the Jewish establishment in the US is following the same path as it did in the 1940s.

When will the State of Israel decide the Palestinian Arabs are a hostile enemy and treat them as such?

The fact that she chooses a boycott of Israeli universities as an example of a just limitation of academic freedom is a perfect example of the defect in her approach.

Printed from: http://www.jewishpress.com/indepth/opinions/after-45-years-judea-and-samaria-are-not-occupied/2012/07/11/

Scan this QR code to visit this page online: