Douglas J. Feith: Israeli Settlements Are a Political, Not a Legal Issue
In his statement about the legality of Israel's West Bank settlements, Secretary of State Mike Pompeo made four main points.
- First, the settlements are not "inherently illegal."
- Second, the West Bank's fate should be determined through negotiations.
- Third, international law "does not compel a particular outcome" in favor of Israel or the Palestinians.
- Fourth, the issue is political in nature, not legal, and attacking the settlements' legality "hasn't advanced the cause of peace."
For 35 years U.S. administrations refrained from repeating President Carter's criticism of Israeli settlements as illegal, Pompeo recounted, but President Obama broke with this policy by taking the Carter position at the UN. President Reagan, who followed Carter, had rejected Carter's view.
President Carter had a strained relationship with Israeli Prime Minister Menachem Begin and condemnation of Israeli settlements as illegal was supported by a five-page letter dated April 21, 1978, by State Department legal adviser Herbert Hansell.
That letter ignored entirely the rights of Jews under the 1922 Palestine Mandate, which called for "close settlement by Jews on the land." From ancient times until 1949, Jews could lawfully live in the West Bank. Hansell didn't explain when that right was terminated.
As a Middle East specialist on the National Security Council staff, I was asked for a short note on the subject for President Reagan. I said, "The issue is properly a political question, not a legal question." The sovereignty issue "is open and will not be closed until the actual parties to the conflict formally consent to a peace agreement." In the meantime, "there is no law that bars Jews from settling on the West Bank" and no one should be excluded from living there "simply on account of his nationality or religion."
What fuels the conflict is the notion that Israel is a vulnerable, alien presence that lacks roots, legitimacy, and moral confidence. Israel's enemies know that asserting that the Jews have no right to live in the West Bank - an important part of the Jewish homeland - calls into question the Jews' right to have created Israel in the first place.
PMW: The Jews came as "invaders 70 years ago," no evidence of Jews before then
Palestinian Authority policy is to routinely deny the entire Jewish history in the Land of Israel. Jews were never here, the PA says, until they came and “occupied” Palestine in 1948. Palestinian Media Watch has documented that the PA habitually refutes the authenticity of the numerous archeological artifacts and non-Biblical sources that testify to the Jewish presence and nationhood thousands of years ago. The following are three recent examples of this Palestinian denial of Jewish presence and history, showing that the PA’s political message passed on by Palestinian leaders for decades has been successfully adopted and is being repeated even by Palestinian academics.
Riyad Al-Aileh, a Palestinian political science lecturer from Al-Azhar University, stated that Jews only came as ”invaders 70 years ago”:
"The Jews claim that they were in Palestine 2,000 years ago. If we look at the history we will see that they were not in Palestine in the past, but rather only as invaders less than 70 years ago. For these 70 years they have been invaders, like the Hyksos, the Byzantines, the Persians, and [British] colonialism. The Canaanite Palestinian people has since succeeded in defeating those invaders and continue [to live] in this land." [Official PA TV, The Supreme Authority, Nov. 6, 2019]
Echoing this claim, Abir Zayyad, an archaeologist and member of Fatah’s Jerusalem branch, wrongly asserted that “no archaeological evidence” of Jews in Palestine has been found:
“We have no archaeological evidence of the presence of the children of Israel in Palestine in this historical period 3,000 years ago, neither in Jerusalem, nor in all of Palestine.” [Official PA TV, Jerusalem: The Scent of History, Nov. 7, 2019]
PA policy is to routinely deny the entire Jewish history in the Land of Israel.
— Pal Media Watch (@palwatch) November 25, 2019
Palestinian university lecturer: The Jews were never in Palestine, but came as “invaders 70 years ago.”
Read more about this here: https://t.co/52crDAETKF pic.twitter.com/N0SjEu7kE2
Palestinian archeologist: No archaeological evidence of the presence of the children of Israel in Palestine 3,000 years ago. pic.twitter.com/cnBIhIt2UG
— Pal Media Watch (@palwatch) November 25, 2019






















