From Ian:
John Podhoretz: Settlements and the Smelling-Salts Brigade
Caroline Glick: Pompeo’s statement on Israeli settlements is a diplomatic turning point
John Podhoretz: Settlements and the Smelling-Salts Brigade
More important is the argument that Secretary of State Mike Pompeo’s decision transgresses settled international law. Balderdash and poppycock. Yes, it is the general understanding of the panjandra of the Smelling Salts Elite that Israel’s “settlements” stand in the way of a resolution of the Israeli-Palestinian conflict—and Pompeo himself acknowledged that certain settlement activity can be understood as a means of making agreements more difficult.Amb. Dore Gold: U.S. Policy Change on Israeli Settlements: A Long Awaited Correction
But difficult does not mean illegal.
The idea that the West Bank is “occupied territory” itself is based on a problematic reading of international law. As Eugene Kontorovich has said, “the relevant international law instruments speak only of people being ‘transferred or deported’ by an occupying power.” Israel has not deported anyone from the West Bank, nor has it “transported” people there in the sense of forcing its colonization. Israelis have chosen to move to the West Bank. You can interpret that fact broadly to suggest they have “transferred” themselves, but that will result in a Talmudic argument that will never come to a resolution.
If the law were settled, the anti-Semites and Israel-haters at the United Nations would not have felt the need to seek the passage of the infamous Resolution 2334 in December 2016—which declares settlement activity a violation of international law. This is the resolution that Barack Obama allowed to pass without a veto from the United States, because he just wasn’t going to leave office without blowing a childish raspberry at Bibi Netanyahu. It was the existence of this resolution that led the Trump State Department to initiate a study of the legal basis of the Israelis’ settlements—a study whose conclusion is that while the settlements might indeed be an obstacle to peace, that does not make them, as a legal matter, illegitimate.
So don’t listen to the caterwauling and the wailing and the gnashing of teeth. What Secretary Pompeo and the Trump administration have done is speak truth. Odd, isn’t it, how the simple telling of the truth is so agonizing to people who claim to be realists?
The U.S. has corrected its Middle East policy in an important way. The past legal determination that Israelis deciding to reside in the West Bank are doing so in violation of international law has always been deeply flawed.Examining Politics Podcast: State Dept’s Brian Hook, Salena Zito, Victor Davis Hanson
It failed to recognize that the case of Israeli settlement construction was unique and was not what the drafters of international law had in mind when they first addressed this question. The original basis for judging the question of Israeli settlements was the 1949 Fourth Geneva Convention.
Morris Abram, who was the U.S. ambassador to the UN in Geneva, had been one of the drafters of the Fourth Geneva Convention. He wrote that its authors had in mind heinous crimes committed by Nazi Germany that included forcible evictions of Jewish populations for purposes of mass extermination in death camps in places like Poland. This plainly was not the case of Israeli settlements and it is utterly vile to even suggest that Israeli settlements should be thought of in this context.
It must be recalled that the last sovereign over the territory of the West Bank was the Ottoman Empire. After the First World War, the League of Nations in 1922 explicitly supported the "close settlement" of Jews in the territory of the British Mandate. Those historical rights of the Jewish people were preserved by Article 80 of the UN Charter.
Jordan seized the West Bank in 1949, yet even the Arab states refused to recognize its sovereignty there. In other words, there was no recognized sovereign over the West Bank prior to Israel's entry into the area.
Finally, when Israel captured the West Bank in 1967, it acted in the framework of a war of self-defense.
U.S. Special Representative for Iran and Senior Adviser for Middle East Peace Brian Hook explains today’s announcement from Sec. of State Mike Pompeo’s on a change in American policy regarding Israeli settlements in the West Bank. Hook also comments on the recent demonstrations in Iran and Tehran’s violent reaction.
Caroline Glick: Pompeo’s statement on Israeli settlements is a diplomatic turning point
In [Pompeo’s] words, “calling the establishment of civilian settlements inconsistent with international law has not advanced the cause of peace.” Of course it hasn’t. Placing a lie in the center of the discourse on the Palestinian conflict with Israel is no way to promote understanding and coexistence.
In the interest of promoting peace, Pompeo instead told the truth. Not only are Israeli settlements not illegal. Pompeo noted that they are arguably more justified than civilian settlements built in other disputed territories.
Pompeo’s statement, and indeed the Trump administration’s decision to publish its position now, represent a complete rebuke of the European Union. The EU has made its false determination that Israeli settlements in Judea and Samaria are illegal as a [pretext] for its hostile, discriminatory, economic, and political policies towards Israel.
Israel’s own foreign ministry should take a lesson from the Trump administration. After a bitter, two-year bureaucratic and political fight, in 2017 Israel’s embassies worldwide published a paper that explained the legal validity of Israel’s settlements in Judea and Samaria. But unlike the Trump administration, the Israeli government has still not stated outright that international law is irrelevant to the cause of peace between Israel and the Palestinians.






































