Doc's Talk: THE MYTH OF "OCCUPIED" TERRITORIES

Tuesday, September 28, 2010

THE MYTH OF "OCCUPIED" TERRITORIES

Boris Shusteff

One of the most misused, misapplied, and misunderstood definitions in the dictionary of the Arab-Israeli conflict is the term "occupied territories." The vast majority of people simply do not know the facts or misinterpret them, thus completely distorting the real picture of the land distribution between the Arabs and the Jews. The truth of the matter is that, according to international law, the Jews have the complete and unquestionable right to settle the territories of Judea, Samaria and Gaza (collectively known as Yesha). Not a single enforceable international document exists that forbids them from settling the lands of Yesha.

On the contrary, the only existing enforceable document actually encourages Jewish settlement. This document was created on April 24, 1920 at the San Remo Conference when the Principal Allied Powers agreed o assign the Mandate for the territory of Palestine to Great Britain. By doing so the League of Nations "recognized the historical connection of the Jewish people with Palestine" and established "grounds for econstituting their national home in that country." Article 6 of the Mandate "encouraged close settlement by Jews on the land," including the lands of Judea, Samaria and Gaza (Yesha). There is nothing whatsoever in the Mandate that separates Yesha from the rest of the mandated territory. That means that the right of the Jews to settle the land spreads to the whole of Palestine. As a side note it is worth mentioning that the 76% of the territory of Mandated Palestine known today as Jordan, were not permanently exempt from settlement by the Jews either. Article 25 only allowed to "postpone or withhold application of [this] provision."

With the disbanding of the League of Nations, the rights of the Jews to settle the territories of Palestine, including Yesha, were not hurt. When in 1946 the United Nations was created in place of the League of Nations, its Charter included Article 80 specifically to allow the continuation of existing Mandates (including the British Mandate). Article 80 stated that "nothing ... shall be construed in or of itself to alter in any manner the rights whatsoever of any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties."

Then in November 1947 came time for Resolution 181, which recommended the Partition of Palestine. Like all UN Resolutions pertaining to the Jewish-Arab conflict it was not enforceable. It was simply arecommendation, and the Arab countries rejected it. As the Syrian representative in the General Assembly stated:

"In the first place the recommendations of the General Assembly are not imperative on those to whom they are addressed. The General Assembly only gives advice and the parties to whom advice is addressed accept it when it is rightful and just and when it does not impair their fundamental rights" (1).

If the resolution had been implemented maybe it would be possible to argue that it replaced the San Remo Conference resolution, which had legitimized the rights of the Jews to settle in any place in Palestine. However, it was not only rejected by the Arabs, but in violation of the UN Charter they launched a military aggression against the newly reborn Jewish state thus invalidating the resolution. By the time of the cease-fire at the end of the War of Independence there was still no other enforceable document pertaining to the rights of the Jews to settle Eretz Yisrael - they remained intact.

Now we approach the most misunderstood aspect of the scope and application of international documents. In order to resolve the puzzle of the "occupied" territories, one must clearly distinguish between the different types of resolutions passed by the United Nations. Misconceptions about the issue led to the question of a double standard that was constantly raised by the Arabs after the Persian Gulf War. The Arabs were unable to understand why from Iraq the UN demanded compliance with the decisions of the international body, while Israel was not forced to comply with UN resolutions.

On April 3, 1998 Swedish Foreign Minister Lena Hjelm-Wallen, well known for championing the Arabs' position, in an interview with the London al-Quds al-'Arabi, gave an explanation of this "paradox." She was asked, "What about the double standards that the United States and Europe adopt when it comes to Arab issues?" She answered:

"I understand this view, which is common in many Arab countries. Nevertheless, the UN resolutions passed on Iraq are different, because they are binding for all nations according to Article 7 of the UN Charter. Meanwhile, the resolutions passed against Israel are not subject to Article 7 of the Charter."

To better understand the way UN resolutions work, it is worth reading an open letter by Uri Lubrani, coordinator of Israeli activities in Lebanon, addressed to Lebanon's Foreign Minister Faris Buwayz and published on February 27, 1998 in the Paris newspaper al Watan al-'Arabi. Although the letter was written regarding Resolution 425, it talks about all resolutions pertaining to the Arab-Israeli conflict. Uri Lubrani wrote the following:

"There are two types of resolutions in the Security Council. The first type are resolutions passed on the basis of Chapter Six of the UN charter that relates to the settlement of disputes through peaceful means. Such resolutions are considered recommendations. They are not binding, and they do not require immediate implementation. The second type of resolutions are based on Chapter Seven of the UN charter... This chapter grants the UN Security Council resolutions an implementative authority and commits the international community to use force if necessary to implement these resolutions... None of the UN Security Council resolutions pertaining to the Arab Israeli conflict, including Resolution 425, were passed on the basis of Chapter Seven. They were passed on the basis of Chapter Six of the UN charter, which is the basis also of UNSC Resolutions 242 and 338."

Since no mandatory UN Resolution exists pertaining to the Arab-Israeli conflict, we are left with the San Remo Conference decision that governs land ownership in Palestine. That means that not a single enforceable internationally valid document exists that prevents or prohibits the Jews from settling anywhere in Judea, Samaria, Gaza and all the rest of Eretz Yisrael. Or, to put it differently, from the standpoint of international law FOR THE JEWS IT IS NOT AN OCCUPIED LAND.

This conclusion was confirmed not long ago by an unexpected (for Israel) source. It is hard to argue with the fact that James Baker, former US Secretary of State, was not the best friend of the Jewish state. However, he categorically rejected the mislabeling of the lands of Yesha. This happened at the Middle East Insight Symposium in Washington on May 4, 1998. Hoda Tawfik, from the newspaper Al Ahram asked him, "What do you think is right? That these are occupied Arab territories and not disputed territories?" Baker replied, "They're clearly disputed territories. That's what Resolutions 242 and 338 are all about. They are clearly disputed territories."

All of this means that when the Jews build settlements in Yesha, they are not building them on "occupied" territories. If one wants, one may call them "disputed" territories, as Baker did. However, this will still not change the fact that from the standpoint of international law it is the very land where the Jews were encouraged to settle.

And as a final note, it should not be surprising that the San Remo Conference plays such an important role in this particular case. The majority of the other players in the conflict: Egypt, Syria, Iraq, Lebanon, Jordan, etc. gained sovereignty over their territories based on the decisions of exactly the same conference. The Jews finally deserve to settle freely on their territories as well. It is time to stop labeling them "occupied".05/07/01

NOTE:

1. Abba Eban. Voice of Israel. Horizon Press, New York, 1957.

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Boris Shusteff is an engineer. He is also a research associate with the Freeman Center for Strategic Studies.

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The IDF’s Minorities in Numbers and Pictures

In honor of IDF Diversity Week, we present diversity through numbers and pictures. Each year, more and more Muslims, Christians, Druze, Bedouin and immigrants from around the world take on the responsibility of defending Israel.

MUSLIMS:

Muslim Arab Israelis are not required to draft in the IDF, but there are many who volunteer. In 2013, there were over 200 Muslims serving in the IDF and over 300 in the reserves.

Bedouins:

Bedouins are nomadic Muslims who were in Israel when modern borders were set in place and are now considered Israeli citizens. They are not required to draft but a growing number choose to enlist. In 2012, there were over 1,400 Bedouin Muslim soldiers doing regular IDF service and almost 1,500 in the reserves.

Read more:http://www.idfblog.com/2014/02/27/truth-idf-numbers-pictures/#more-34027

Are you aware that in 2013, Middle class taxes go up-significantly?

In January of next year, the federal income tax rate for middle-class taxpayers is scheduled to rise from 25 percent to 28 percent, and the payroll tax is scheduled to rise from 13.3 percent to 15.3 percent… This drives the marginal tax rate based on the aforementioned three taxes to 48.12 percent. Add in state and local property, corporate, excise, and other state and local taxes, and the percentage of each additional dollar that is taxed hovers around 50 percent… When half of each additional dollar earned is taxed away, taxpayers experience a disincentive to start businesses or expand existing ones. This leads to fewer jobs being created.

Why is HAMAS Inside Tampa Schools?

Clare Lopez

Kelly Miliziano, who teaches history classes at Steinbrenner High School in the Tampa, Florida area apparently thinks it’s perfectly OK to invite a senior official of a HAMAS-affiliated organization into her classroom to discuss Islam with her students. According to local media reports, not only has this been going on for years, but in spite of the civil and criminal proceedings that could result from such reckless negligence, the Hillsborough County school superintendent, Mary Ellen Elia, and the chairman of the school board, Candy Olson, also expressed approval for students under their responsibility to be exposed repeatedly to guest speaker, Hassan Shibly, who is the Executive Director for the Council on American-Islamic Relations (CAIR) in the Tampa area.
More...

Did You Know... Ignoring the Call to Islam will Bring Jihad

‘Conquest through Da’wa [proselytizing] that is what we hope for. We will conquer Europe, we will conquer America! Not through sword but through Da’wa.’
-- Yousef al-Qaradawi , Muslim Brotherhood spiritual leader The Arabic word ‘Da’wa’ means the “call to Islam.” But do not think that Da’wa is the same thing as an invitation to an optional holiday event. The classical Islamic doctrine of jihad mandates that enemies must be given the opportunity to convert to Islam or pay the jizya tax before it is permissible to attack them.
Clare M. Lopez

Who is being discriminated-facts tell the truth

Religious bias

Hate crimes motivated by religious bias accounted for 1,409 offenses reported by law enforcement. A breakdown of the bias motivation of religious-bias offenses showed:

65.4 percent were anti-Jewish.
13.2 percent were anti-Islamic.
9.5 percent were anti-other religion, i.e., those not specified.
4.3 percent were anti-Catholic.
3.8 percent were anti-multiple religions, group.
3.3 percent were anti-Protestant.
0.5 percent were anti-Atheism/Agnosticism/etc.

http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-incidents-and-offenses.

On March 31, 1977, the Dutch newspaper Trouw published an interview

with PLO executive committee member Zahir Muhsein. Here's what he said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct "Palestinian people" to oppose Zionism.

For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

In March 1977, Zahir Muhsein, a PLO executive, said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism."

"For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

The Arab Apartheid

Ben-Dror Yemini
In 1948, the Arab countries refused to accept the UN partition proposal and they launched a war of annihilation against the State of Israel which had barely been established. All precedents in this matter showed that the party that starts the war - and with a declaration of annihilation, yet - pays a price for it. Between 550,000 and 710,000 Arabs fled because of the war and a larger number of 850,000 Jews were expelled or fled from Arab countries (the "Jewish nakba").
Population exchanges and expulsions were the norm at that time, occurring in dozens of other conflict points and affecting about 52 million people. In all the population exchange precedents that occurred during or at the end of an armed conflict, there was no return of refugees to the previous region, which had turned into a new national state.
Only the Arab states acted completely differently from the rest of the world. Instead of assimilating the refugees, they crushed them despite the fact that they were their coreligionists and members of the Arab nation - instituting a regime of apartheid. So the "nakba" was not caused by the actual dispossession, which had also been experienced by tens of millions of others. The "nakba" is the story of the apartheid, oppression, abuse and denial of rights suffered by the Arab refugees at the hands of the Arab countries. (Maariv)

International Law and Military Operations in Practice - Col. Richard Kemp

"Islamist fighting groups study the international laws of armed conflict carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses. Their very modus operandi is built on the correct assumption that Western armies will normally abide by the rules, while these insurgents employ a deliberate policy of operating consistently outside international law. "

Lost Historical Moments

What Rabin’s last Knesset speech really said:repudiation of a Palestinian state

Rabin ruled out a fully sovereign Palestinian state :

“We view the permanent solution in the framework of State of Israel which will include most of the area of the Land of Israel as it was under the rule of the British Mandate, and alongside it a Palestinian entity which will be a home to most of the Palestinian residents living in the Gaza Strip and the West Bank. We would like this to be an entity which is less than a state, and which will independently run the lives of the Palestinians under its authority.”

Rabin ruled out a total withdrawal from Judea and Samaria and thus a return to the pre-June 1967 borders :

“The borders of the State of Israel, during the permanent solution, will be beyond the lines which existed before the Six Day War. We will not return to the 4 June 1967 lines.”

Rabin ruled out withdrawing form the Jordan Valley:

“The security border of the State of Israel will be located in the Jordan Valley, in the broadest meaning of that term.”

Rabin ruled out uprooting settlement blocs, like the Gush Katif bloc in Gaza (which was subsequently uprooted by former Prime Minister Ariel Sharon):

“The establishment of blocs of settlements in Judea and Samaria, like the one in Gush Katif.

AND

Rabin ruled out removing any settlement before coming to a full peace agreement with the Palestinians:

“I want to remind you: we committed ourselves, that is, we came to an agreement, and committed ourselves before the Knesset, not to uproot a single settlement in the framework of the interim agreement, and not to hinder building for natural growth.”

Rabin insisted on Israel retaining full security control of the borders with Egypt and Jordan, contrary to Israel’s relinquishment of the Philadelphia Corridor on the border with Egypt:

“The responsibility for external security along the borders with Egypt and Jordan, as well as control over the airspace above all of the territories and Gaza Strip maritime zone, remains in our hands.”

Correcting Oslo Myths-Part 2

3) Kuttab laments that the post-1993 Oslo process resulted in a Palestinian Authority "whose ministers and legislators are not guaranteed passage between Gaza and the West Bank ...."

Before free passage or other perquisites, PA leaders were obligated, among other things, to eliminate the terrorist infrastructure in the West Bank and Gaza Strip, end anti-Israeli, antisemitic incitement in schools, mosques, and communications media, and resolve all outstanding issues through peaceful negotiations. They met none of these commitments, sometimes bolstering terrorism and greatly increasing incitement.

4) Kuttab complains that under Oslo the PA got "lightly armed police ---- but no real sovereignty over the land or contiguity between our communities in Gaza and the West Bank."

Oslo agreements repeatedly were revised, regardless of Palestinian non-compliance, until the authorized number of police grew from 8,000 to 40,000. Though they were to be the only armed forces in the territories, Israeli estimates early in the second intifada put the number of gunmen - police, "security services," terrorists, and armed gangs - at 85,000. Their armament reportedly included not only heavy machine guns and rocket-propelled grenades, but also anti-tank and anti-aircraft missiles.

Sovereignty was to be negotiated in the envisioned 1998 "final status" talks - after a five-year period of confidence-building. Palestinian leadership chronically undermined the process. Palestinian terrorism made the 1993 - 1998 Oslo period more deadly for Israelis than the 15 years preceding it.

The United States doesn't have contiguity between the lower 48 states and Alaska and Hawaii; territorial contiguity between the West Bank and Gaza Strip - that is, through the 20 miles of Israeli territory between them - was never promised and would destroy Israeli contiguity.

5) "Palestinians have been made to endure hundreds of checkpoints in the West Bank, an eight-foot wall deep in our territories, and tight Israeli control over borders."

The security barrier is not "deep in Palestinian territories," but rather encompasses less than 8 percent of Judea and Samaria, and is mostly a fence, rarely a wall; the land in question is not "our [Palestinian] territories" but disputed territory to which, according to the authors of U.N. Security Council Resolution 242, Jews as well as Arabs have claims; and there are no international borders, only the 1949 armistice lines with Jordan. Under 242, borders remain to be negotiated. As for checkpoints - like the security barrier and "tight Israeli control" - Palestinian Arabs precipitated these measures themselves. No terrorism and there would be no fence or tight Israeli control and few checkpoints - like before the first intifada.

Correcting Some Oslo Myths

1) In Oslo "Israeli, Palestinian and other world leaders promised that ... Palestinian sovereignty would be solidified."

No, they didn't. The 1993 Declaration of Principles and subsequent Oslo agreements outlined a process by which final status negotiations about the West Bank and Gaza Strip would be reached. The process required an end to anti-Israel terrorism and incitement and a commitment to peaceful negotiations. The PA, Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine, and other terrorist groups, sabotaged the process from the start.

2) "The reality is that, in defiance of U.N. Security Council Resolution 242, which states that it is inadmissible to occupy land by force, Palestinian territories are still under foreign military occupation."
Wrong again. Resolution 242 (1967) does note "the inadmissibility of the acquisition of territory by war." It also affirms the right of every state in the area "to live in peace with secure and recognized boundaries free from threats or acts of force." There were no "Palestinian territories." Jordan occupied the West Bank, Egypt controlled Gaza. Israel did not have "secure and recognized boundaries," so retention of some of those territories was possible under 242. Israel is not a "foreign" military occupier in the West Bank but, pending final negotiations, the lawful military administrator as a result of a successful war of self-defense.

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