The Security Council votes on resolution reiterating its demand that Israel immediately and completely cease all settlement activities. The vote was 14 in favour, with one abstention (United States). UN Photo/Manuel Elias.
The UN condemnation of “settlement activities” may actually accelerate Israeli sovereignty over Judea and Samaria – and rightfully so, because the correct interpretation of international law reveals the so-called settlements are, in fact, legal.
By Richard Mather – Israel News Online
The message is loud and clear. Despite residing in the land of Judea and Samaria for millennia, UN Security Council Resolution 2334 says Jews are forbidden to live on their own land. Arabs, on the other hand, are endowed with a natural entitlement to “Palestine.” The fact that the United States – under the guidance of Obama – allowed the vote to go ahead adds insult to injury.
However, it is plausible that the shameful vote at the UN may actually accelerate Israeli sovereignty in Judea and Samaria, especially as the incoming US president, Donald Trump, is staunchly pro-Israel and will probably not oppose Israel if the Jewish state formally annexes Judea and Samaria. Naftali Bennett, Tzipi Hotovely and others are publicly calling for the application of Israeli law in most or all of the so-called West Bank.
Indeed, Hotovely sums up the mood of many Israelis and Jews when she says that “History shows there are events which create drastic changes in Israel’s response. History will remember the UN Security Council’s Resolution 2334 as the one which brought about Israeli sovereignty in Judea and Samaria. No decision will cause Israel to stop building on its own land.”
Obama is on his way out. With nothing better to do, he should take the opportunity to educate himself on the legality of Israel’s position in Judea and Samaria, as well as in east Jerusalem.
Israel’s appropriation of land is both practically and legally comprehensible. If Obama knew his history (and he obviously doesn’t), he would already know that the “West Bank” is unclaimed land. Contrary to popular opinion, Israeli settlements are entirely legal as long as they are within the parameters of the 1922 Mandate of Palestine. This is the same mandate that legalized and encouraged the immigration of Jews to all parts of historic Israel.
Israel’s critics may be surprised to know that the 1922 Mandate has never been superseded in international law, not even by the United Nation’s 1947 partition plan. Because the Arabs refused to recognize the partition of “Palestine,” the legal status of Judea and Samaria reverted back to the 1922 law . The capture of Judea and Samaria from Jordan in 1967 was the first step in the restoration of the territory’s true legal status. It also means that Israel’s settlements are actually the fulfilment of the original 1922 Mandate.
Quoting the Fourth Geneva Convention to argue that the settlements are in fact illegal is nonsensical. The Fourth Geneva Convention pertains only to cases of occupation of a sovereign entity. Because of the Arab refusal to reach an agreement between 1947 and 1949, the area popularly referred to as the West Bank never became the legal territory of any sovereign entity – not even Jordan, despite its occupation of the territory until 1967. Only Israel has a legal entitlement to Judea and Samaria.
If anyone is in any doubt, they would do well to consult a document boasting the signatures of over 1,000 respected diplomats and legal experts from around the world, ranging from South Africa and Canada to Norway and Brazil. The file was delivered to the EU’s then foreign policy chief Catherine Ashton in the form of a petition around three years ago.
According to these legal experts, it is factually incorrect to refer to the settlements as illegal for the simple reason that the term “1967 lines” does not exist in international law. The pre-1967 lines are in fact 1949 armistice lines, and are not recognized lines or security lines. Moreover, the issue of borders is on the agenda of the peace talks and is subject to final status negotiations.
All of which means that the Palestinian/UN claim that Palestinian statehood is an unassailable right should not be taken at face value. Arab hatred of Israel has never been about the settlements or even about land. The primary obstacle is an ideological refusal to recognize the Jewish people’s deep-rooted historic, cultural and legal connections to the entire land of Israel.
Jews have an inalienable and legal right to live in east Jerusalem and Judea and Samaria, and no number of sordid anti-Jewish UN resolutions can change this fact.