web analytics
July 24, 2014 / 26 Tammuz, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
InDepth
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



Home » InDepth » Op-Eds »

NY Times: Stupid and Biased Again

The New York Times

The New York Times
Photo Credit: Serge Attal/Flash90

http://fresnozionism.org/2012/07/ny-times-stupid-and-biased-again/

The decision by a commission of legal scholars, led by retired Israeli Supreme Court Justice Edmond Levy, that Israeli settlement in Judea and Samaria is legal, created a storm of protest from the usual quarters.

Today I’m going to dissect one paragraph that epitomizes the misconceptions surrounding Israel’s legal rights in Judea and Samaria. It happens to appear in a New York Times editorial, but that’s really not important (unless you are still awed by the ignorance or malice of the editors of that newspaper).

Here is the paragraph:

“Most of the world views the West Bank, which was taken by Israel from Jordan in the 1967 war, as occupied territory and all Israeli construction there as a violation of international law. The world court ruled this way in 2004. The Fourth Geneva Convention bars occupying powers from settling their own populations in occupied lands. And United Nations Security Council resolution 242, a core of Middle East policy, calls for the “withdrawal of Israeli armed forces from territories occupied in the recent conflict.”

Most of the world

This can’t mean most of the world’s 6.9 billion people, most of whom don’t give a rat’s posterior about Israel. It probably refers to most of the members of the UN General Assembly, where there has been an automatic majority against Israel on every imaginable subject since the 1970s. Is this supposed to add authority to their argument?

view the West Bank

“West Bank” is a term applied to what had previously been called by its biblical names, Judea and Samaria, by Jordan in 1950. Using this expression obscures the historical Jewish connection and suggests that Jordanian control of the area, which lasted only 19 years, was somehow ‘normal.’

which was taken by Israel from Jordan in the 1967 war

This continues the theme that the normal situation was usurped by Israel in 1967. But when Jordanian troops marched into the area in 1948, killing and driving out the Jewish population, they violated the provision of the Mandate that set aside the area of ‘Palestine’ for “close Jewish settlement,” and the one that called for the civil rights of all existing residents — Jewish or Arab — to be respected. It also violated the UN charter which forbids the acquisition of territory by force. Only Pakistan and the UK recognized the annexation of the area (even the Arab League opposed it).

The Jordanian invasion and annexation of Judea and Samaria was, in fact, illegal under international law. Israel’s conquest in 1967, on the other hand, can be seen as a realization of the terms of the Mandate.

as occupied territory

As I wrote yesterday, the concept of a ‘belligerent occupation’ does not apply here. What country owned the territory that Israel ‘occupied’? Not Jordan, which was there illegally, nor Britain, whose Mandate had ended, nor the Ottoman Empire, which no longer existed. The nation with the best claim was Israel, the nation-state of the Jewish people, who were the intended beneficiaries of the Mandate. Judea and Samaria are disputed, not occupied, and the Jewish people have a prima facie claim based on the Mandate.

and all Israeli construction there as a violation of international law. The world court ruled this way in 2004.

This refers to the advisory opinion against the security fence issued by the International Court of Justice. The opinion refers to Israel as an “occupying power” and says that the fence is built on “occupied Palestinian land,” despite the fact that there is no legally delimited border between Israeli and ‘Palestinian’ land.

The Fourth Geneva Convention bars occupying powers from settling their own populations in occupied lands. And United Nations Security Council resolution 242, a core of Middle East policy, calls for the “withdrawal of Israeli armed forces from territories occupied in the recent conflict.”

Since the land is not ‘occupied’, the Fourth Geneva Convention does not apply. And even if it were occupied, legal scholars (including the Levy commission) have made excellent arguments that the Convention was not intended to apply to voluntary ‘transfers’ of population like settlements, but to forced deportations like the Nazi transfer of German Jews into occupied Poland.

According to its drafters, UNSC 242 does not call for the withdrawal from all territories occupied in 1967, leaving room for the states involved to negotiate secure borders as part of a peace agreement:

(i) Withdrawal of Israel armed forces from territories occupied in the recent conflict;

(ii) Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force.

Of course no such boundaries have been agreed upon. And if you think any Arab countries or the PLO are interested in terminating claims on Israel regardless of borders, I have a bridge you may be interested in.

So much for the international law experts on the Times editorial board and their statement that the decision was “bad law.” I’ll leave their arguments that it is “bad policy” and “bad politics” for another time.

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.

No Responses to “NY Times: Stupid and Biased Again”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
U.S. President Barack Obama
FAA Ban on Flights to Israel ‘Worse than BDS’
Latest Indepth Stories
Rabbi Meir Kahane at the National Press Club ~ 1985

Rabbi Kahane spoke of transfer, because it was what the Torah spoke of.

Hamas terrorists in Gaza have been using human shields to protect them from the IDF as they launch rocket attacks against Israel.

There is much I can write you about what is going here, but I am wondering what I should not write. I will start by imagining that I am you, sitting at home in the Los Angeles area and flipping back and forth between the weather, traffic reports, the Ukraine, Mexican illegals and Gaza. No […]

Jews inside Paris synagogue surrounded by protesters throwing rocks, holding bats and chairs.

Should Jews in Europe take more responsibility in self-defense of community and property?

Map_of_the_Continent_of_Europe

Germany’s The Jewish Faith newspaper ominously noted, “We Jews are in for a war after the war.”

The truth is we seldom explore with kids what prayer is supposed to be about.

Almost as one, Jews around the world are acknowledging the day-to-day peril facing ordinary Jews in Israel and the extraordinary service of the IDF in protecting them.

So on the one hand Secretary Kerry makes no bones about who is at fault for the current hostilities: he clearly blames Hamas.

King Solomon said it long ago: “Cast your bread upon the waters” because you don’t know when you’ll hit something. Our job is to do.

The anti-Israel camp does not need to win America fully to its side. Merely to neutralize it would radically alter the balance of power and put Israel in great jeopardy.

We mourn the dead, wish a speedy recovery to the wounded, and pray that God guides the government.

Charges from the court of world public opinion and their refutations.

It is up to our government to ensure that their sacrifices were not made for short-term gains.

Supporting Israel, the only democracy in the Middle East, has become dangerous in Malmo.

Proportionality Doctrine:The greater the military gain the greater the justifiable collateral damage

More Articles from Vic Rosenthal
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.

Israel is an independent sovereign state, and it should not be treated as a banana republic.

    Latest Poll

    Israel's Iron Dome Anti-Missile System:





    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/indepth/opinions/ny-times-stupid-and-biased-again/2012/07/12/

Scan this QR code to visit this page online: