Doc's Talk: Israel's 1967 Lines Aren't Defensible

Monday, May 23, 2011

Israel's 1967 Lines Aren't Defensible

Fair observers have never considered the old armistice line as a non-negotiable starting point for peace talks.
By DORE GOLD

It's no secret that Palestinian Authority President Mahmoud Abbas plans to lobby the U.N. General Assembly this September for a resolution that will predetermine the results of any Israeli-Palestinian negotiations on borders. He made clear in a New York Times op-ed this week that he will insist that member states recognize a Palestinian state on 1967 lines, meaning Israel's boundaries before the Six Day War.

Unfortunately, even President Barack Obama appears to have been influenced by this thinking. He asserted in a speech Thursday that Israel's future borders with a Palestinian state "should be based on the 1967 lines," a position he tried to offset by offering "mutually agreed land swaps." Mr. Abbas has said many times that any land swaps would be minuscule. Remember that before the Six Day War, those lines in the West Bank only demarcated where five Arab armies were halted in their invasion of the nascent state of Israel 19 years earlier. Legally, they formed only an armistice line, not a recognized international border. No Palestinian state ever existed that could have claimed these prewar lines. Jordan occupied the West Bank after the Arab invasion, but its claim to sovereignty was not recognized by any U.N. members except Pakistan and the U.K. As Jordan's U.N. ambassador said before the war, the old armistice lines "did not fix boundaries." Thus the central thrust of Arab-Israeli diplomacy for more than 40 years was that Israel must negotiate an agreed border with its Arab neighbors.

The cornerstone of all postwar diplomacy was U.N. Security Council Resolution 242, passed in November 1967. It did not demand that Israel pull back completely to the pre-1967 lines. Its withdrawal clause only called on Israel to withdraw "from territories," not from all territories. Britain's foreign secretary at the time, George Brown, later underlined the distinction: "The proposal said 'Israel will withdraw from territories that were occupied,' and not from 'the' territories, which means that Israel will not withdraw from all the territories."
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AFP/Getty Images

President Obama speaking about Israel Thursday.
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Prior to the Six Day War, Jerusalem had been sliced in two, and the Jewish people were denied access to the Old City and its holy sites. Jerusalem's Christian population also faced limitations. As America's ambassador to the U.N., Arthur Goldberg, would explain, Resolution 242 did not preclude Israel's reunification of Jerusalem. In fact, Resolution 242 became the only agreed basis of all Arab-Israeli peace agreements, from the 1979 Egyptian-Israeli Treaty of Peace to the 1993 Oslo Agreements between Israel and the Palestinians.

How were Israel's legal rights to new boundaries justified? A good explanation came from Judge Stephen Schwebel, who would later be an adviser to the State Department and then president of the International Court of Justice in The Hague. Writing in the American Journal of International Law in 1970, he noted that Israel's title to West Bank territory—in the event that it sought alterations in the pre-Six Day War lines—emanated from the fact that it had acted in lawful exercise of its right to self-defense. It was not the aggressor.
Israelmap
Israelmap
Israelmap

The flexibility for creating new borders was preserved for decades. Indeed, the 1993 Oslo Agreements, signed by Yitzhak Rabin and Yasser Arafat on the White House lawn, did not stipulate that the final borders between Israel and the Palestinians would be the 1967 lines. Borders were to be a subject for future negotiations. An April 2004 U.S. letter to Israel, backed by a bipartisan consensus in both houses of Congress, stipulated that Israel was not expected to fully withdraw, but rather was entitled to "defensible borders." U.S. secretaries of state from Henry Kissinger to Warren Christopher reiterated the same point in past letters of assurance.

If the borders between Israel and the Palestinians need to be negotiated, then what are the implications of a U.N. General Assembly resolution that states up front that those borders must be the 1967 lines? Some commentators assert that all Mr. Abbas wants to do is strengthen his hand in future negotiations with Israel, and that this does not contradict a negotiated peace. But is that really true? Why should Mr. Abbas ever negotiate with Israel if he can rely on the automatic majority of Third World countries at the U.N. General Assembly to back his positions on other points that are in dispute, like the future of Jerusalem, the refugee question, and security?

Mr. Abbas's unilateral move at the U.N. represents a massive violation of a core commitment in the Oslo Agreements in which both Israelis and Palestinians undertook that "neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of Permanent Status negotiations." Palestinian spokesmen counter that Israeli settlements violated this clause. Yet former Prime Minister Rabin was very specific while negotiating Oslo in preserving the rights of Israeli citizens to build their homes in these disputed areas, by insisting that the settlements would be one of the subjects of final status negotiations between the parties.

By turning to the U.N., Mr. Abbas wants to use the international community to change the legal status of the territories. Why should Israel rely on Mr. Abbas in the future after what is plainly a material breach of this core obligation?

The truth is that Mr. Abbas has chosen a unilateralist course instead of negotiations. For that reason he has no problem tying his fate to Hamas, the radical organization that is the antithesis of peace. Its infamous 1988 Charter calls for Israel's complete destruction and sees Islam in an historic battle with the Jewish people. In 2006, Dr. Mahmoud al-Zahar, the Hamas leader who attended the recent Cairo reconciliation ceremony with Mr. Abbas's Fatah movement, stated openly that Hamas was still committed to its 1988 Charter, noting, "the movement [would] not change a single word." Hamas's jihadist orientation was reconfirmed when Ismail Haniyeh, its prime minister in Gaza, condemned the U.S. for eliminating Osama bin Laden.

All Israeli prime ministers have spoken about negotiations as a vehicle for ending the Arab-Israeli conflict. There would be an end of claims. However, Mr. Abbas has now revealed his intention of using the U.N. for perpetuating the conflict. As he wrote this week: "Palestine's admission to the United Nations would pave the way for the internationalization of the conflict as a legal matter, not only a political one."

Mr. Abbas clearly is not prepared to make a historic compromise. By running to the U.N. and to Hamas, he is evading the hard choices he has to make, and he is leaving any resolution of the Arab-Israeli conflict far more difficult for future generations.

Mr. Gold, a former Israeli ambassador to the United Nations, is president of the Jerusalem Center for Public Affairs.

Comment: First, media stop calling them "borders"-it is nothing more than an armistice line-stop the politics, stop rewriting history, tell the truth for once. Second, UN 242 never, I repeat never, required land swaps for defining a border. Third, there is not need for a contiguous land mass state-see previous article on docstalk, Misplaced assumption.

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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.

Doc's Talk