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Originally Posted by Emmanuel Goldstein
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Don't I ?
After the Holocaust, Western liberals cannot look kindly upon genocidal terrorism; but they can embrace warmly and enthusiastically the deep and heartfelt yearnings of an oppressed people struggling to be free. Hence, Arafat’s terrorist propagandists needed to invent the lies of Palestinian National Identity and Israeli occupation and oppression.
It is legal for the defensive party maintaining occupation in the absence of a peace treaty to take necessary measures to maintain security.
UN Resolution 242 (November 22, 1967) makes it clear that the purpose of the resolution is to create a just and lasting peace, with guarantees for the territorial inviolability, mutually recognized borders, and political independence of every state in the area. According to Eugene Rostow, one of the drafters of 242, the plain meaning of the resolution is that Israel’s administration of the West Bank and Gaza is completely legal until a just and lasting peace is achieved. Such administration, in the absence of a peace treaty, and in the face of continued hostility from Arab nations and terrorist groups, can include the development of unoccupied segments for housing a growing population. Such activity is not the same as transporting population to the territory for resettlement. So the third type of settlement (C) is also legal.
Since the West Bank and Gaza were never legally part of any sovereign nation (they were part of British Mandatory Palestine till November 29, 1947, were intended by the UN to be part of a Palestinian State, and were over-run and illegally occupied by Jordan and Egypt in the 1948 war, in stark and defiant violation of the UN partition plan, UN resolutions 181 and 194, and international law), Israel’s occupation of these territories after the 1967 war does not violate the legal claims of any nation.
The role of the settlements in the context of the current conflict, and in the contentious issue of applying the “Road Map” to future peace negotiations, is perhaps the most complex and difficult issue to deal with. This is precisely because Arab propaganda has been so effective in establishing as axiomatic that the settlements are:
a. Illegal
b. A symptom of Israel’s intent on conquest of Palestinian land and are thus inherently an obstacle to peace
c. A harbinger of Israel’s permanent occupation of the West Bank and Gaza Strip and hence make territorial compromise impossible
d. Signal Israel’s inherently obvious unwillingness to negotiate a fair peace.
Therefore, it will be most useful to look at these Arab contentions, and see how they correspond to historical reality.
Are the settlements illegal? We have already seen that they are not.
Are the settlements an obstacle to peace? From 1949-1967 there were no settlements in the West Bank or Gaza Strip. Nor was there peace. Arab belligerence was unrelated to West Bank and Gaza settle*ments. The settlements to which the Arabs objected at that time were Tel Aviv, Haifa, Hadera, Afula, etc.
In June, 1967, immediately after the Six Day War, and before there were any Israeli settlements in the West Bank and Gaza Strip, Israel proposed its dramatic peace initiative both at the UN and in sub rosa
talks with Jordan. This initiative was rejected by all Arab states and the PLO at the Khartoum Conference in August-September, 1967. The obstacle to peace was the very existence of Israel, not settlements in the West Bank.
In 1979, as part of the accord with Egypt, Israeli settlements in Sinai were evacuated. In the context of a peace treaty, settlements are negotiable, can be, and were, dismantled.
In 1979, as part of the accord with Egypt, Israel froze settlement expansion for three months, in order to encourage entry of Jordan into the Egypt-Israel peace process. Jordan refused. The freezing of settle*ments did not stimulate peaceful interaction. Arafat (then engaged in creating a terrorist state in south Lebanon) was invited to join Egypt at the peace talks, and this settlement freeze was intended to encour*age his participation. He refused. The existence of settlements in Sinai did not interfere with the Israel-Egypt peace accords; and the freeze on settlement activities did not encourage Jordan or the PLO to enter into peace accords.
In 1994, Jordan signed a peace treaty with Israel, while settle*ments in the West Bank and Gaza Strip were growing in size and increasing in number. The existence and expansion of the settlements in no way impaired the peace process with Jordan.
Do the settlements make territorial compromise impossible? The accords discussed at Madrid, Wye, Oslo and Taba all include the acknowledgement that settlements (a few, some, many, prob*ably not all) will be dismantled in the context of a peace agreement. Those accords were discussed while settlements were expanding. Settlements did not impede negotiation then.
Currently, about 250,000 Jews live in a total of 144 communities scattered through the West Bank and Gaza Strip. 80% of them could be brought within Israel’s pre-1967 borders with only a very minor re*arranging of “green line” boundaries.
Part of Barak’s offer to Arafat in 2000 was the exchange of land such that the Palestinians would be compensated for the small num*ber of settlements that would not be dismantled by the ceding of Israeli land within the pre-1967 boundaries to the Palestine National Authority. This offer was in addition to the approximately 95% of all the disputed land in the West Bank and 100% of the territory in Gaza which were to be under the control of the Palestinian Authority. Arafat rejected this offer, much to the surprise and chagrin of President Clinton.
Does Israel’s violation of international accords by building the settlements show Israel’s unwillingness to negotiate a fair peace? In regard to the Geneva Convention and UN Resolution 242, we have seen that the settlements do not constitute violations of international law. Therefore, this argument is a red herring.
The Oslo Accords say nothing about settlements. It was tacitly and informally agreed upon that a moratorium on settlements would be one of 16 “confidence building” measures that Israel and the PNA would undertake. The provision about not changing the “status” of the territories refers to the agreement that neither side would unilaterally annex the areas (or declare them an independent state). In the pres*ence of glaring, overt, and provocative violations of every one of the Oslo Accords by the Palestine National Authority almost immediately after its signing, Prime Minister Netanyahu’s government felt itself under no obligation to maintain the tacit informal agreement. Since the Palestine National Authority was not building confidence by end*ing terrorist attacks (it was actually behind them), why should Israel compromise its security and position for future negotiation?
Most Israeli settlements in the West Bank and the Gaza Strip are legal and violate no international laws or relevant UN resolutions. Most do not involve the theft of any Palestinian land. The settlement movement has provided enormous benefit to the Arabs of those areas and fueled a tripling of the Arab population and a skyrocketing West Bank economy -- until the onset of Arafat’s rule. Settlements do not create stumbling blocks to peace or hindrances to peace negotiations. They can be, and have been, dismantled in the context of negotiations with an honest peace partner. Concessions about settlements should be made only in the context of negotiations, which can begin only after Palestinian leadership stops the violence, ends the terror war, and ends the hate speech, hate preach, and hate teach that have permeated Palestinian society since 1994.
DAVID MEIR-LEVI: BIG LIES. Demolishing The Myths of the Propaganda War Against Israel
Resolution 446 was not adopted under Chapter VII of the UN Charter and therefore is generally considered to have no binding force under international law.
Learn more about this issue before you start defending Arab aggression in the name of Hillary Clinton. Learn more about this issue before you start comparing Israel to Iraq.
F L A M E : Facts&Logic About the Middle East