At least in Jericho, and presumably Area A at the very least, the Palestinian Authority government admits that "occupation" ended in 1994!
I didn't see this document online but I found a similar formulation in a United Nations Development Programme document about tax policy in the territories, saying,
6.1 Taxes in the occupied Palestinian territory _ Israeli Occupation (1967-1994)
6.2. The Palestinian Era
Earlier today we solved the "siege of Gaza" and now we've solved "occupation." Not a bad day!
Buy the EoZ book, PROTOCOLS: Exposing Modern Antisemitism today at Amazon!
Or order from your favorite bookseller, using ISBN 9798985708424.
Prominent leaders in the field of antisemitism and anti-Zionism will be speaking. Most of their testimonies have been published ahead of time. Here are some highlights.
In the Soviet
Union, where I grew up,...each time
when official Soviet propaganda starts a new round of attacks
on Israel, every Jew, whether he knows what Zionism means
or not, knows that he has a problem. They are all treated as
not loyal to the Soviet Union, but loyal to Zionist Israel.
Attacks on the Jews have always been a convenient platform
for attacks on Israel and vice versa. Assuming that all this is a
direct result of the dictatorial regime of the Soviet Union,
which needs a convenient scapegoat for accusations, an
external and internal enemy, and a more convenient
scapegoat than the Jews and Israel cannot be imagined.
Therefore, when in 1975 the Soviet Union initiated a
resolution that Zionism is racism, it was adopted only thanks
to the communist bloc. The Free World voted against it.
I thought that in the free world, this would not happen.
It was all the more surprising when at the beginning of 2000
at the first U.N. conference against global racism in Durban -
the only result of this conference was the accusation of Israel
as an apartheid state. Soon the cartoons published in the
international press against Israel surprisingly began to
resemble those in the Soviet and Nazi press against the Jews.
Israel, which fights against terrorist attacks daily in defense of
itself, has been declared to be fighting the Palestinians, as the
Nazis fought the Jews, and Palestinian refugee camps were
compared to Auschwitz. All this had nothing to do with
constructive criticism of the policies of Israel, which deserved
this or that criticism like any other democratic country. It was
then, 20 years ago, that I proposed my three-D test to
distinguish justified criticism of Israel from new antisemitism.
Over the 20 years, I have visited about 100 American
campuses, where I have clearly seen how the new
antisemitism is creating a very difficult environment for
Jewish students who consider themselves Zionists. There is
much evidence of how the growing attacks on the Jews are
encouraged, developed and reinforced by the attacks on
Israel, like colonial white racism. Much like in Soviet times,
antisemitic attacks on Israel are weakening the sense of
security of Jewish students at American universities. And
attacks on Jews are often accompanied by anti-Israeli slogans.
It is impossible today to analyze the growth of antisemitism
without seeing that these phenomena are very closely linked.
That is why there must be one explanation linking the
demonization of the Jews, the double standard towards the
Jews, the denial of the Jews as a nation with the
demonization of the State of Israel, the double standard
towards the State of Israel and the denial of Israel's right to
exist.
There can be no success in the fight against antisemitism if
we do not fight it on all fronts. Therefore, the exact definition
of antisemitism is crucial.
It is very important that the US administration adheres to this
definition of antisemitism in its policy.
Prof. Eugene Kontorovich shows why the IHRA Working Definition is important and how the "Nexus Document" that was welcomed in the Administration's strategy plan against antisemitism is an effort to whitewash modern antisemitism:
Not surprisingly, the IHRA definition is opposed by those who wish to engage in precisely
the kind of anti-Israel double standards that it warns of. In an effort to confound or counteract the
legitimacy and clarity of the IHRA working definition, a few other groups have offered definitions of
antisemitism that greatly minimize the role of Israel-focused antisemitism. One such effort is the
Nexus Document, a project hosted by Bard University. The Nexus definition differs from IHRA primarily in its treatment of Israel-focused conduct. Nexus does not regard as presumptively
antisemitic either the questioning the basic legitimacy of Israel’s existence or the application of double
standards to Israel. According to Nexus, such views may have legitimate grounds.
Unlike IHRA’s adoption by a wide range of countries (including many states that are often
sharply critical of Israel), not one single country has adopted the Nexus Declaration. The IHRA
definition was developed by an international group of scholars not known for their views on Israel or
their politics one way or another. The Nexus Advisory Board, by contrast, is overwhelmingly left-wing
and includes people, like the head of J-Street, who can only be described as professionals in the field
of Israel bashing. Members of Nexus’s advisory board have described Israel as “fascist,” denounced
it as an “apartheid state,” and justified those who say it should have never existed.
While IHRA has become the global benchmark, the narrow Nexus definition has languished
in total obscurity—that is, until the White House suddenly announced its “welcome and appreciation”
of the Nexus Document last month, while still “embracing” IHRA. Nexus leaped from the
discussions of like-minded academics straight into a White House policy document. While the IHRA
definition remains the only one officially used by the government, the White House’s National Strategy
harms efforts to respond to antisemitism by referring to two different, and fundamentally
contradictory, definitions
...The obsessive focus on the supposed wrongs of this one tiny group has resurfaced across an amazing array of cultures and epochs. From the Romans to the Crusades. From the Reformation to the Inquisition. From National to International Socialism. The justifications change, the target remains same. Then after two thousand years, the Jewish people reconstituted their nation—and immediately found it the subject of unparalleled international defamation and libel—accompanied by ongoing efforts at physical elimination. Jews have been hated sometimes as adherents of a faith, sometimes as members of a people. Now the extraordinary enmity is aimed at their State. The coin lands on the same side on every toss. The segue from earlier modes of antisemitism to “anti-Zionism” is a remarkable coincidence.
...The accusations leveled against Israel often resemble those made by antisemites throughout
history. Instead of the Jews being accused of killing Gentile children, Israel is accused of deliberately
killing Palestinian children; instead of Jews being accused of causing plague among Gentiles, Israel
is accused of causing disease among Palestinians. And the accusation of “apartheid” is a modern
blood libel—an absurd “Big Lie,” but inciteful in ways that cannot be rectified by mere refutation.
Just as the classic blood libel resonated with the theological preoccupations of earlier ages, today’s
claims resonate with the ethnic justice concerns of our times.
Yair Rosenberg of The Atlantic ties all forms of antisemitism, from Left to Right, to conspiracy theory:
For almost as long as there have been Jewish people, there has been anti-Jewish prejudice. This
bigotry predates the United States of America and the modern state of Israel. It is older than
capitalism and communism, Republicans and Democrats, progressives and conservatives. And it
precedes Christianity and Islam. Because of this, while antisemitism is expressed by these
communities, it cannot be caused by them. The source is something much more fundamental.
Consider recent antisemitic incidents that on the surface seem to have little connection to each
other. In 2018, a white supremacist massacred 11 congregants in Pittsburgh’s Tree of Life
synagogue. In 2019, assailants tied to the Black Hebrew Israelite movement shot up a kosher
supermarket in Jersey City, killing three. And in 2022, an Islamic extremist held an entire
congregation hostage in Colleyville, Texas, for much of the Jewish Sabbath.
To take another odd example: Both the supreme leader of Iran’s Islamic theocracy and Robert
Bowers, the Pittsburgh shooter who hated Muslims, posted memes on social media alleging
Zionist control of American politics. During the 2016 presidential race, supporters at campaign
events for both Donald Trump and Bernie Sanders were captured on tape claiming that
“Zionists” run America’s finances.
What unites all of these seemingly disparate antisemitic actors? Not their identity or background,
but their adherence to a conspiracy of Jewish control. The Pittsburgh white supremacist believed
that Jews were responsible for flooding the country with the brown people he hated, as part of
the so-called “great replacement” of the white race. One of the Black Hebrew Israelite
sympathizers in Jersey City wrote on social media about how Jews controlled the government.
And the British Islamic extremist who targeted the Texas synagogue did so because he thought
American rabbis held sway over the U.S. authorities and could free someone from prison.
...Because people have long been
conditioned to conceive of Jews in an underhanded fashion, it doesn’t take much to update the
ancient conspiracy theory to persuade contemporary audiences. And thanks to centuries of
material blaming the world’s problems on its Jews, conspiracy theorists seeking a scapegoat for
their sorrows inevitably discover that the invisible hand of their oppressor belongs to an invisible
Jew.
Itamar Marcus of Palestinian Media Watch explains how antisemitism forms the core of Palestinian Authority ideology:
PA Antisemitism is not a collection of disconnected hate-speech; it is a
systematically disseminated ideology that is by now deeply ingrained in
the Palestinian national and political identity. It serves as a primary
source of loathing towards Jews and Israelis and is a significant
motivator for Palestinian terror.
The PA’s Political Antisemitism asserts the following:
1. Jews are inherently evil, endangering not only Palestinians but all of
humanity.
2. Accordingly, Jews themselves are responsible for the antisemitism
and hatred they have faced throughout history.
3. The PA turns this demonization of Jews into its political ideology: the
Western countries were anxious to get rid of the Jews and solve their
"Jewish problem,” so they initiated the establishment of a Jewish state.
The Jews would never have come to Palestine on their own because the
Jews have no history in the land. Israel is defined as an illegitimate
result of "settler-colonialism" with no right to exist.
This ideology is disseminated by PA leaders, Mahmoud Abbas
appointees, and through the structures controlled by the PA.
Other speakers include Hillel Neuer from UN Watch, Yona Schiffmiller from NGO Monitor, and the ADL's Sharon Nazarian, all of whom show how anti-Israel bigotry is a proxy for anti-Jewish bigotry.
HRC’s Op-Ed entitled: “History Doesn’t Support Giving Israel An ‘Occupier’ Label” was published in The Hill Times on Wednesday, January 25, 2023
Israel, the nation-state of the Jewish people, is not an “occupier” of its own land and of its own eternal and undivided capital, Jerusalem.
No UN resolution or political proclamation can distort these historical truths.
Furthermore, Jews have historical ties to Judea and Samaria which dates back thousands of years. Israel strenuously disputes claims that it’s an “occupier,” citing pre-existing legal, ancestral, and biblical claims to lands it acquired in a war of self-defence in 1967 against pan-Arab armies seeking its destruction and as there was no recognized sovereign of these areas at the time.
Jordan controlled the area now regarded as the “West Bank” from 1948-1967 following the War of Independence, which saw combined Arab armies try to wipe the nascent State of Israel off the map. Jordan didn’t have rightful title to the land according to international law. Same equally applies for Egypt, which controlled the Gaza Strip from 1948-1967, unlawfully, and which Israel acquired in 1967, but from which, in 2005, it unilaterally disengaged, removing 21 settlements, 8,000 settlers, and its combined armed forces in a unilateral concession for peace.
Importantly, the Palestinians have never had sovereignty and statehood, and according to Israel’s position and many leading international jurists, the laws of occupation aren’t applicable.
So, how’s Israeli Prime Minister Benjamin Netanyahu faring in his supposed program to smash democracy at the behest of the religious extremists in his government?
Well, as Israel’s newly-minted dictator, he’s not doing too well in that regard.
Consider: Netanyahu has demonstrated his supposed craven subjection to the ultra-nationalist Bezalel Smotrich, to whom he gave authority over civilian administration in the disputed territories, by brutally slapping Smotrich down when he attempted to overrule an IDF and Defense Ministry decision to tear down an illegal Israeli outpost.
Netanyahu has shown his allegedly despotic determination to ditch the rule of law by bowing to the Supreme Court’s ruling against his minister and long-time ally Aryeh Deri and firing him.
And Netanyahu showed himself captured, bound and gagged by the zealots in his government who want to turn Israel into a theocracy when he effectively overruled the Culture and Sports Minister Miki Zohar, who said he would stop funding cultural activities on Shabbat.
In other words, in every case, Netanyahu has chosen to uphold the existing order rather than overthrow it.
Undoubtedly, the fight between Smotrich and the defense establishment has further to go. Netanyahu has said he will somehow bring Deri back into his government. We have yet to see how these and other issues will turn out.
Maybe Netanyahu will yet morph into a cross between Viktor Orban, Herod and Mussolini. But so far, he has been behaving as a cautious, risk-averse prime minister determined to keep the liberal, constitutional show on the road.
Of course, this has received no acknowledgment from the “progressive” Jewish world, both in Israel and the Diaspora. To such people, Netanyahu is personally irredeemable, and because the government he has formed is committed to defending Jewish interests rather than left-wing principles, it is deemed incapable of doing anything sensible or good.
In his previous administrations Netanyahu was careful not to pick a fight with the country’s judicial oligarchy, preferring to spend his political capital on other subjects—primarily Iran and economics. He assumed, based on experience, that Israel’s judicial oligarchy would continue to abide by an unwritten rule: If a politician doesn’t try to reform the justice system, they will leave his person—though not necessarily his policies—alone. The flip side of this arrangement was, in any case, more obviously true: Try to advance a reform, and you almost always end up with a criminal investigation, often one that was fabricated, as in the cases of Yaacov Neeman and Reuven Rivlin, both of whom were among those barred from serving as justice ministers by contrived investigations that ended up with nothing. The judiciary had its own praetorian guard in the Office of the State Attorney, which cultivated a culture of promiscuous yet slow-moving investigations that made sure politicians didn’t step out of line.
After Netanyahu won his fourth term in 2015, the despair on the left reached a fever pitch, and the various centers of left-wing power began to clamor for Netanyahu’s head. The press led the way with investigative pieces accusing Netanyahu of corruption. Despite the speculative nature of these investigations, law enforcement pursued them with new vigor, leading, finally, to indictments.
The indictments had a paradoxical effect on the struggle for power between bureaucracy and democracy. First, they showed Netanyahu that the judicial oligarchy posed a direct threat to his political fortunes that could not be reasonably abated through the usual program of mutual noninterference. Second, the attacks by the judiciary on Likud’s undisputed leader had an energizing effect on his voters.
While removing a justice minister can be seen as a peripheral event, taking down a prime minster, and thus overturning the results of a national election, is a wholly different matter. It can fly, even with his supporters, when a prime minister is clearly proven to be corrupt, as was the case with Ehud Olmert, who ended up serving jail time. But when more than half the public feels its standard-bearer was framed and its ballots effectively shredded, it is unlikely to just accept that result. So both Netanyahu and his voters came to see, more clearly than before, the severity of the problem and the urgency in restoring the balance between the branches of government.
But the indictments and later trial also threatened to neutralize Netanyahu’s ability to act. It is difficult for a prime minster to reform the judicial system and put checks on politicized law enforcement when he himself is facing a trial. How would he escape the obvious suspicion that he is trying to save himself and is willing—as the left dramatically phrases this talking point—to “smash the justice system just to save his own skin”? True, judicial reform is unlikely to interfere with an ongoing trial, except maybe by making the judges more hostile. But perception is crucial here, and so Netanyahu seemed caught in a bind. The question came down to this: Will voters support a reform, or will enough of them see it as cynical, self-serving move on his part?
Last year’s election turned precisely on that question. And the voters gave a clear answer.
Israel is indeed a state for the Jewish nation. However, membership in a nation confers obligations on its people to behave as a nation.
After all, the Torah itself tells us that when the tribes of Reuben, Gad and half of Manasseh said they wanted to settle east of the Jordan because the pastures there were more fertile, they were told they could do so only on condition that they first fought alongside the other tribes to conquer the land of Israel.
But American Jews such as those in Mercaz Olami don’t feel bound by any such obligation. They not only choose not to live in Israel but also choose not to fight in its defense.
Instead, ensconced in a faraway land they prefer, they lob verbal missiles at the tribe from which they have separated themselves when it defends its Jewish identity in ways of which American Jews disapprove.
Their statement said Netanyahu’s coalition would include politicians “whose positions regarding basic elements of democracy and diversity … significantly differ from the values which have guided Zionism since its inception.” As a result, it threatened, Israel would lose the support of American Jews.
But that support is being lost anyway. Indeed, America’s Jewish community is losing its own members at an alarming rate.
The Conservative-Masorti movement’s pick-and-choose approach to Jewish laws, and their emptying out of Judaism by claiming as Jewish values ideologies that actually negate them, are causing the American Jewish community to hemorrhage.
The core reason is that such Jews have lost any sense of themselves as a nation. Instead, they have chosen to endorse a “progressive” view of the world that views the nation as illegitimate and therefore to be superseded by kumbaya universalism.
This is why most American Jews are on the wrong side of the titanic struggle in the U.S. over whether it still wants to be the nation it has always understood itself to be—or whether, given the divisions over uncontrolled immigration, it wants to be a nation at all.
The one thing all Israeli Jews understand is that Israel is their nation state. Therefore, their overwhelming concern when electing a government is that it should defend that state against the dragons that breathe fire against it.
That’s why, regardless of the undoubted unease within Israel over its new government and the internal battles that are unquestionably to come, its people are in a far better situation than those in America and the West—both Jews and non-Jews—who are now reloading their fraying slingshots to attack it.
Since Russia greatly expanded its war on Ukraine in February, much has changed in international relations. Eran Lerman examines how these changes have affected the Jewish state: Israelis are sensitive to the tragic aspects of the crisis, and sentiments of support have been aroused by the Ukrainians’ resolute stance and by the unique figure of Zelensky. . . . At the same time, in almost all aspects, the war has enhanced Israel’s national security equation—and bolstered its position in world affairs.
An element of immense importance, from a national and Zionist perspective, is the dramatic rise in the number of people making aliyah, in the face of danger and deprivation in both warring nations. Over 13,000 olim from Ukraine have arrived in Israel since February, and almost alone among the millions of war refugees, it has been the Jews (including those who may be non-Jews but are entitled to aliyah because they have one Jewish grandparent) who had a home to go to. A steadily growing flow is coming from Russia, as socioeconomic conditions keep deteriorating and the partial mobilization of reserves has been declared.
Meanwhile, . . . Israel’s defense industries, which provide an indispensable contribution both to the IDF’s qualitative edge and to the national economy, have been on the unimaginable brink of really taking off ever since the war broke out. During Prime Minister Lapid’s visit to Berlin, the option of a contract with Germany for the sale of Israel’s Arrow 3 missile defense system for more than $2 billion was put on the table.
Moreover, Lerman notes, the war has made the West more sensitive in general to the sorts of military threats Jerusalem faces every day, and in particular to the dangers posed by Iran, which has remained loyal to Moscow.
A senior Palestinian Authority (PA) official close to PA President Mahmoud Abbas confirmed to the Tazpit Press Service that Ramallah has acceded to a request by the U.S. and Israel to end efforts to refer Israel’s “occupation” to the International Court of Justice.
The International Court of Justice, based in The Hague, offers legal opinions on questions referred by either the United Nations Security Council or General Assembly. Jerusalem regards the court as biased and fears that a ruling would give a legal imprimatur to the Boycott, Divestment Sanctions campaign against Israel.
Although the US has veto power in the Security Council, the PA has wider support in the General Assembly.
The source also confirmed that PA leadership is sticking to its positions for the end of “attacks by the Israeli occupation,” settlement activity, Israel’s so-called “assault” on the Al Aqsa Mosque, and the return of tax money Jerusalem is withholding from Ramallah over the PA’s controversial stipends for PA terrorists and the families of “martyrs.”
He also said the PA particularly wants Israel to end to Operation Breaking the Wave. Near-nightly arrest raids, mostly in the areas of Shechem (Nablus) and Jenin, have foiled hundreds of Arab terror attacks. The operation was launched following a spate of deadly Arab terror attacks in the spring.
The source stressed that while US President Joe Biden has previously opposed unilateral PA measures, Jerusalem and Washington refuse to respond to Ramallah’s demands.
Following last week’s election, the veteran Middle East reporter Thomas Friedman authored a New York Times column under the headline “The Israel We Knew Is Gone,” full of dire predictions about what will befall the Jewish state now that its citizens have returned its longest-serving prime minister to power. Daniel Gordis dissects the column’s faulty assumptions and misguided conclusions, which distill misconceptions that plague much American commentary on Israel:
Here’s the heart of the problem. There are many people around the world who want Israel to be something it does not wish to be. They want it to be successful, but humble. They want it to be strong and secure, but still desperate for foreign support of all sorts. They want it to be Jewish, but in a “nice” kind of way. Israeli dancing (which I haven’t seen here in years), flags at the right time, a country filled with “Hatikvah moments,” as some call them. A country traditional enough to be heartwarming, but not so traditional that it would dare imply that less intense forms of Jewish life cannot make it. A country steeped in memory, but also one that is finally willing to move on.
An Israel moderate in every way would be an Israel easy to love. It would be a source of pride, but not a source of shame. It would be an Israel that would make us feel great as Americans and as Jews. The only problem is that that Israel doesn’t exist, and it never has.
And what of Friedman’s more specific gripes?
Tom Friedman writes that “Netanyahu has been propelled into power by bedfellows who see Israeli Arab citizens as a fifth column who can’t be trusted,” intimating that Israeli Arabs are not a fifth column. Some are; some aren’t. . . . I’ve interviewed many Arab women and men who are quite the opposite. But if you live in the Negev, if you have farmland you can’t protect from Arabs in the south or the north, you’re fearful. If you’re a young Jewish Israeli woman afraid to walk in downtown Beer Sheva, you don’t think a “fifth column” is a ludicrous claim. . . . Friedman can dismiss it, but Israelis increasingly don’t. The left and center ignore the issue, and now, Israelis are ignoring them.
The victory of Benjamin Netanyahu’s right-wing coalition has many on the left bemoaning the end of democracy in Israel. Even before voting began, Sen. Robert Menendez (D., N.J.) threatened harm to bilateral relations should Israelis vote to the right. The State Department has said it would boycott some right-wing ministers, and President Biden waited almost a week before calling to congratulate Mr. Netanyahu. Yet Secretary of State Antony Blinken apparently had time Friday to phone Palestinian President Mahmoud Abbas, who last stood for election (to a four-year term) in 2005.
What has degraded Israeli democracy, according to critics, is the electoral success of Itamar Ben-Gvir’s party. Mr. Ben-Gvir’s critics cite his past in the far-right Kahanist movement. For all the consternation, one would think he was the future prime minister, rather than the head of a second-tier party, with seven of 120 seats in the Knesset.
Yet those saying Mr. Ben-Gvir’s inclusion in the government is unacceptable were untroubled by the departing government, which included Ra’am, a party affiliated with Israel’s Islamic Movement, which was founded by a convicted terrorist; or the far-left Meretz, with roots in an actual Stalinist party; or by Prime Minister Yair Lapid’s apparent willingness to accept support from Hadash, a still-Communist party whose members of the Knesset recently justified terrorism against Israeli civilians.
Another theme in the dire forecasts for Israeli democracy are legal-system reforms that the new government may pursue. The measures would actually reinforce democracy and introduce checks and balances to a political system in which the Supreme Court has far more power than its American counterpart.
Like the U.S. Supreme Court, Israel’s strikes down laws as unconstitutional—even though Israel doesn’t have a written constitution. The court has, without statutory authority, taken upon itself the power to strike down any law or government action as “unreasonable”—that is, anything the justices don’t think is a good idea. The justices—they currently number 15—decide what laws to bestow “constitutional” status on. They also dominate the committee that appoints new justices as well as lower-court judges. Candidates don’t undergo confirmation hearings before the Knesset.
The legal reforms being discussed would weaken the ability of sitting justices to pick their successors. The reforms would allow the Knesset, in some cases, to override Supreme Court decisions based on interpretations of Knesset legislation—much as the Canadian Parliament can do. Such a measure would be a far less radical check on the court’s power than the court-packing U.S. Democrats have entertained as a way of reining in the judiciary.
For years, Israeli prosecutors have pursued Mr. Netanyahu for the crime of “breach of trust.” Some in the incoming government seek to do away with this offense because no one knows what exactly it prohibits. The U.S. Supreme Court, in Skilling v. U.S. (2010), struck down as unconstitutionally vague a similar statute about denying “honest services.”
The potential legal reforms don’t undermine the values Israel shares with the U.S. Instead, they would bring Israel closer to the American model.
The Jerusalem Municipality on Tuesday published the zoning description for a new US Embassy complex in the capital city.
The embassy will be on Derech Hebron between Hanoch Albek Street and Daniel Yanovsky Street, an area known by its British Mandate-era name, “Camp Allenby.”
The complex will include an embassy, offices, residences, parking and security structures. The buildings can be no more than 10 stories high, and the wall surrounding the area will be 3.5 meters high.
Time to start planning the move
Members of the public will have 60 days to submit their opposition to the plan to the municipality.
“After almost four years of hard work with the American Embassy in Jerusalem, we are pleased that the zoning plans were published this morning for the new Allenby complex,” Jerusalem Deputy Mayor Fleur Hassan-Nahoum said Tuesday.
“The US Embassy in such a central part of the city will upgrade the urban landscape of the neighborhood and connect it to all areas of the capital through the [Jerusalem] Light Rail network that will stop almost at its doors,” she said. “We hope that more countries will follow and move their embassies to our capital, Jerusalem.”
The US Embassy moved to Jerusalem in 2018, a few months after President Donald Trump recognized Israel’s capital.
The government’s new pitch was that this would be the real benefit of the deal: preserving and enhancing Israel’s security interests through the now-famous buoy line. Barak Ravid, the local Israeli journalistic mouthpiece of the Obama-Biden policy team from the Iran deal days, relayed that government officials who briefed reporters on the deal said that anchoring the “line of buoys” was “very important” because “in the last 20 years the Israeli military operated along this line unilaterally and the Lebanese side had international legitimacy to challenge it.” The deal, however, “will allow Israel to treat it as its northern territorial border.”
In other words, in the two decades up to this moment, Israel has had total freedom to operate in the area to ensure its security against Hezbollah. However, without the deal, the terror pseudo-state to its north would suddenly have enjoyed “international legitimacy” to challenge Israel. That sounds very serious—and certainly warrants ceding territory with potential energy resources under threat of force to a terrorist group that is stockpiling and pointing tens of thousands of rockets at you.
Needless to say, the Lebanese side disagrees with the Israeli reading. Instead, it claims another point on land farther south at Naqoura. Squaring this circle, probably with some creative language, is what the U.S. mediator likely has been busy figuring out.
Meanwhile, Israeli Defense Minister Benny Gantz was spit-balling another set of talkers: “This is an agreement whose essence is economic,” Gantz said last week. “And if it is signed, we, as well as Lebanon and its citizens, who are suffering from a severe crisis, will enjoy it for years to come.” The logic here was that if Lebanon gets its rig in its Block 9 opposite Israel’s rig at Karish, then Hezbollah will have a stake in maintaining calm and smooth operation of both rigs. So, in the future, if Hezbollah attacks Israeli energy infrastructure, Israel can target a gas rig owned and operated by France’s Total—putting France on Hezbollah’s side.
This pretense of hard security and pseudo-deterrence posture rang even more hollow as it clashed with another key government talker: that Israel had to conclude this awful deal ASAP if it wanted to avoid a new war with Hezbollah. An IDF official sent out to make this pitch put it this way: “There is an urgency and a necessity to reach an agreement in the near future and without delay, in order to prevent an escalation of security [dangers], which is [otherwise] highly likely, and to utilize the unique window of opportunity to reach an agreement.”
The logic here was itself unique in the annals of deterrence: If your psychopathic neighbor keeps slashing the tires on your shiny Mercedes, the solution is to buy him a spanking brand-new Mercedes of his own that you can then pretend to hold hostage.
The source of this weird pitch was again the Biden administration. As a senior U.S. administration official relayed through Ravid, the reason Biden wanted Lapid to wrap up the deal within weeks was “because the issue has become urgent and the lack of an agreement could lead to dangerous consequences for the region.”
Yet when U.S. Sen. Ted Cruz tweeted that he was troubled by how the Biden administration “pressured our Israeli allies” into a comically terrible deal, the Washington arm of the Obama-Biden messaging machine sprang into action. The progressive lobbying group J Street put out a brief that “fact checked” Sen. Cruz’s ignorant partisanship. Daniel Shapiro, Obama’s former ambassador to Israel who is intimately familiar with the communications environment in Israel, weighed in, regurgitating the same exact talkers and asserting that it was “definitely NOT” American pressure that pushed Israel into this deal.
Yet the reason the Biden administration announced that a gas deal was a key priority was precisely because it’s a deal with Hezbollah. Stabilizing and investing in Iranian regional “equities” is at the core of the Obama-Biden doctrine of realignment with Iran. It’s how you achieve “regional integration”—by publicly showcasing your ability to pressure your allies to prop up Iranian assets, even as the Iranian people are being mowed down in the streets.
Americans have a reputation, with others and in their own national literature, for being careless and breaking things. Often this is because they are so admirably creative, dynamic, and unattached to the past. But for the last two decades, the epicenter of American carelessness has been the Middle East, an area of the world that seems to encourage fantasies among all Westerners, yet where real-world margins for error are small. The result has been a series of disasters for the peoples of the region and for American prestige. This week brought what looks like another unforced error in policymaking, fed by hubris, fantasy, airy talk, and a refusal to acknowledge reality.
On Tuesday, White House national security spokesman John Kirby announced that President Joe Biden will be reevaluating America’s relationship with Saudi Arabia after OPEC+ announced the previous week that it would cut oil production. Kirby’s announcement followed a statement by Sen. Robert Menendez, D-N.J., claiming that Saudi Arabia is helping to “underwrite Putin’s war” through OPEC+. “As Chairman of the Senate Foreign Relations Committee,” Menendez said, “I will not green-light any cooperation with Riyadh until the Kingdom reassesses its position with respect to the war in Ukraine.”
As a Saudi who loves the United States, and believes deeply that our two countries need each other, the only word that comes to mind regarding the contemporary “reevaluation” of our relations is: obscene.
It was the Obama administration that decided to give Vladimir Putin a foothold in the eastern Mediterranean, which it sold to the American people as a way to “deescalate” the civil war in Syria. As the United States romanced Putin, offering him Crimea and warm water ports in Syria in exchange for pulling Iran’s irons out of the fire over the past decade, U.S. allies like Saudi Arabia, the Gulf States, and Israel have had no choice but to cope. Last month, while Russian-operated Iranian drones and missiles were pounding Kyiv, Riyadh used its diplomatic leverage to obtain the release of American and British POWs from Putin.
America saddled us with the reality of a neighboring country controlled by Iranian troops and the Russian air force. Worse, as part of its Joint Comprehensive Plan of Action (JCPOA), the Obama administration sent tens of billions of dollars flowing into Iranian coffers—money that was used to demolish Iraq, crush Syria, create chaos in Lebanon, and threaten Saudi territory from Yemen. Iranian rocket and drone strikes on oil facilities in Saudi Arabia are now routine. In response to the barrage of missiles on Saudi infrastructure last year, the Biden administration withdrew U.S. missile defense batteries from Saudi territory.
Having watched Russian forces support or directly commit atrocities against innocent civilians and facilitate the use of chemical weapons for seven years in Syria, the Saudi government was quick to condemn Russia’s invasion of Ukraine. Unlike many in the West, who expected a short, parade-ground war, the Saudis understood full well what Putin was capable of. So did the Israelis.
Up until 1948, the world generally referred to "Palestinians" as the Jews who lived in what was to become modern Israel. The "Palestinian" flag until 1948 contained a Magen David, the Palestine Post was the region's Jewish newspaper and Palestinian football teams comprised Jews.
Jews were ethnically cleansed from the Old City and eastern Jerusalem by the invading Jordanian and Arab armies in 1948. Jews were the majority of the population of the Old City. Synagogues were desecrated and destroyed and the vibrant Jewish community erased. The Jewish neighborhood of Simon HaTsadik (Simon the Just) became the Muslim area of Sheikh Jarrah.
The default position for the location of an embassy is a country's capital city, and it is for the country itself to decide its location. Israel has declared that Jerusalem is its capital city and this must be respected. The UK already has a consulate in eastern Jerusalem to serve the local Arab communities. Why, therefore, should there not be an embassy in Jerusalem to serve Israeli citizens?
The Abraham Accords and the immense benefits for the region flowing from them has shown that the relocation of the U.S. embassy in Jerusalem has had no adverse effect. Neither would the relocation of the British embassy.
This new introduction to the updated 2022 edition of The Apartheid Smear (forthcoming), originally published by BICOM in 2013, critiques a recent Amnesty International report, one of a crop of very similar ‘reports’ published by NGOs and UN bodies in 2021 and 2022 that smear Israel as an ‘apartheid’ state [6]. The introduction is organised in three parts, critically examining in turn the analysis, politics, and methods of Amnesty’s report.
Why is it so important for opinion formers and policy makers who seek peace via the two-state solution to reject the Amnesty Apartheid Report?
Because it has long been understood by democrats on all sides that a solution to the Israeli-Palestinian conflict is impossible without the hard work of mutual recognition and peacebuilding, negotiations and compromises, and, eventually, a lasting settlement based on a division of the land and an institutionalisation of the democratic right to national self determination of both peoples.
Some way-stations on the journey to peace have been Madrid, Oslo, Camp David, Taba, Annapolis, and the Kerry-Obama talks. Yes, the last inch of the journey, as the saying goes, is a mile deep, but there is no real-world alternative to trying again to traverse it. Today, that effort will proceed in the more hopeful context of the Abraham Accords, a historic series of agreements between Israel and several surrounding Arab states. For an extensive collection of some of the most creative and expert thinking from Israelis, Palestinians and others about how to recommence that journey to peace see Rescuing Israeli-Palestinian Peace: The Fathom Essays 2016-2020.
However, while a negotiated two-state solution remains the only viable way to resolve the Israeli-Palestinian conflict by recognising the right of both peoples to national self determination, right now the gaps between the sides remain significant, and there is insufficient trust, or political will, to build the kind of relationships between the leaderships that might allow those gaps to be bridged.
In the real world, which is found at some distance from NGO-UN Reportland, the task of Britain, along with other European states, the US and Arab leaders, is not to make Israel an international pariah as the Amnesty report would have us do, but to prevent further deterioration on the ground, lower tensions, and find ways to improve the situation. This approach may not be well suited to winning applause from a campus audience, but it is well suited to encouraging a recommencement of the peace process down the line. The analysis, politics and methods of the Amnesty report would take us in the opposite direction, and should be rejected as a political dead-end by opinion-formers, policy makers and, not least, Palestinians.
While the Jewish community is playing the short game, doing what it’s always done to win the moment, radical social justice warriors are playing the long game—what activists call “the long march through institutions”—in inculcating a stark ideological worldview that portrays anyone with power or success (success is a function of power, in this worldview)—America, Israel, Jews, Asians, men, etc.—as oppressors. Schools are teaching students to see people’s identities as markers of privilege and power and to “recognize and resist systems of oppression.” The problem is that the ideologues who are driving the agenda define the oppressor as anyone perceived to be powerful and successful, and the oppressed as anyone they deem powerless and, hence, unsuccessful. It’s a highly simplistic, binary worldview.
With this ideological software running through our kids’ brains, the school system does not have to even utter the word “Jew” or “Israel” for Jews and Israel to be ultimately implicated in oppression. Indeed, this is already happening. Survey data shows a strong correlation between progressive political attitudes on oppression and antisemitism on the left. The Jewish Institute for Liberal Values commissioned a poll of 1,600 likely voters. Survey respondents were split roughly between Democratic and Republican voters. Respondents were asked: “Do you agree or disagree with the following statement? America is a structurally racist country in which white Americans, and white-adjacent groups who emulate white culture (like Asian Americans and Jewish Americans), have unfair advantages over minorities which must be addressed to achieve equity?” The poll revealed that those on the far left were much more likely to agree with the statement, an indication that progressive ideological attitudes about structural racism are fueling antisemitic and anti-Asian sentiment (viewing Jews and Asians as privileged).
The ideologues are rewiring the way young people think so that they’ll adopt their worldview, including the view that Israel is a “settler-colonialist” state. They are, in effect, laying the groundwork for the Berkeley Law Schools of the future, when there will be more true believers on their side, at which time the future Dean of the Law School will face more pressure from radical activists and less pushback from us.
For Jewish organizations to effectively counter the long-term threat, they must come to terms with the underlying ideology that powers progressive antisemitism. They cannot, on the one hand, pretend to support this oppressor/oppressed binary, as many did in the California Ethnic Studies controversy, and, on the other, hope and pray that such a stance doesn’t ultimately manifest in the portrayal of Jews and Israel as oppressors. As long as radical social justice ideologues are experiencing success pushing a program that simplistically divides the world into oppressed and oppressors and condemns anyone who doesn’t agree with them, we are going to have major antisemitism problems, in ever greater frequency and intensity.
The sooner the Jewish community comes to terms with this reality and stops playing footsie with radical forces, the sooner we can develop strategies and tactics aimed at winning the long game.
Martin Kramer "Semites, Anti-Semites, and Bernard Lewis: The Life and Afterlife of a Seminal Book"
Martin Kramer is a historian of the Middle East and Israel at Tel Aviv University and the Walter P. Stern Fellow at The Washington Institute for Near East Policy. He was the founding president of Shalem College, a liberal arts school in Jerusalem, and a visiting professor or fellow at Brandeis, Chicago, Cornell, Georgetown, Harvard, Johns Hopkins, and the Wilson Center. He earned his degrees from Princeton, under the supervision of Bernard Lewis. Among his many publications on Islam, Israel, and the Middle East, Ivory Towers on Sand: The Failure of Middle Eastern Studies in America (2001) has been widely discussed and influential.
An Israeli lawmaker caused a firestorm Wednesday after footage emerged in which he accused Israeli troops of carrying out deliberate killings of Palestinian minors. MK Ofer Cassif, who represents that Arab-Jewish party Hadash in the Knesset, said in a speech on Tuesday that the recent deaths in Judea and Samaria have only one side to blame – Israel.
In the footage obtained by Israel Hayom on Wednesday, a day after it was filmed, the lawmaker can be seen saying that the recent spate of terrorist attacks on Israelis, including deadly shooting incidents in Jerusalem and Samaria in successive days, could be explained by Israel's overall actions throughout the years and that the real victims were the casualties on the Palestinian side who died during Israeli counterterrorism raids.
"The root cause is the occupation, it is an injustice in and of itself; 12 Palestinians were murdered in the occupied territories, including minors, children who were executed. This bloodshed is terrible, the occupation is a form of injustice," he said, ignoring the fact that Israeli troops targeted armed Palestinians during the raids.
During the event, which was attended by other lawmakers from Arab parties, the participants were asked whether they would agree that terrorist attacks on IDF soldiers should stop. Joint Arab List leader Ayman Odeh tried to evade the question, saying that "everyone is a victim of this wicked occupation... Arabs and Jews are dear to everyone and we do not want even one person to die. We have to end the occupation."
In the wake of Cassif's comments, Defense Minister Benny Gantz issued a harsh rebuke. "Cassif has once again crossed a red line with lies and incitement precisely when the IDF soldiers are protecting all Israelis – Arabs and Jews alike – from murderous terrorism. They have been doing this with professionalism, determination, and in accordance with IDF values and purity of the arms, and we should all praise them for this." Gantz vowed to provide "full backing" for the soldiers and added that "precisely because of statements like that no government will have the Joint Arab List in it," referring to the Nov. 1 election, from which he hopes to emerge Israel's prime minister.
In response to Gantz's comments, Cassif said, "If a war criminal like him attacks me, then I am in a good place."
One campaign mantra of the camp of Israeli opposition and Likud leader Benjamin “Bibi” Netanyahu ahead of the Nov. 1 Knesset election is that interim Prime Minister Yair Lapid’s Yesh Atid will not be able to form a coalition without the Arab parties.
Barring a miracle—or an egregious manipulation of the system similar to that which Lapid and Naftali Bennett pulled last year—this numerical given is a truism that the “anybody but Bibi” politicians have been trying to obfuscate.
Though having no choice but to lean on the support of Hadash-Ta’al and Balad in order to keep Netanyahu from returning to the helm, they are aware that the public is none too fond of MKs who openly side with Israel’s sworn enemies. As a result, they prefer to point to the one Arab parliamentarian, Mansour Abbas, who distanced himself from his more treasonous colleagues.
The United Arab List (Ra’am) chairman made a historic move by being the first of his ilk to join an Israeli coalition. In fairness to the head of the political wing of the Muslim Brotherhood-affiliated Southern Branch of the Islamic Movement in Israel, he did acknowledge that Israel is both a Jewish state and here to stay.
Still, Netanyahu has been highlighting Ra’am’s dubious record to admonish voters not to be lulled into considering it kosher. But there’s another party that warrants at least as much, if not more, negative attention: Meretz—without which Lapid also has no chance of coming even close to a 61-mandate majority.
Like Ra’am, Meretz is polling at four-to-five seats. In other words, each is straddling the electoral threshold.
Meretz, too, moderated its rhetoric when it became part of the now-defunct coalition. This is probably why its members penalized the faction’s top honchos in the Aug. 23 primary, and elected Zehava Gal-On to replace Nitzan Horowitz as party leader.
It was an ironic turnaround.
Horowitz brought the party out of backbench exile and into the glory of government, serving for the past year and a half as health minister. Gal-On, on the other hand, resigned five years ago from her post as chair of the far-left party, reappearing on the scene to resume her coveted spot.
In an interview on Oct. 8 with the Mako Weekend magazine, Gal-On let her radicalism rip. This wasn’t novel. She’s never been one to hide her aversion to Jewkhaish settlement and sympathy for the “plight” of Palestinian terrorists “under Israeli occupation.”
The defamation campaign against the British prime minister is yet another sign of the ongoing radicalization of Palestinians not only against Israel, but anyone who dares to say a good word about Israel. This radicalization is the result of the massive campaign by Palestinian officials and media outlets to delegitimize Israel and demonize Jews.
The campaign coincides with the Palestinian leaders' continued talk about their commitment to the so-called two-state solution.
If the Palestinian leaders are so committed to the "two-state solution," they should cease and desist from their lethal incitement against Israel.
It is this campaign of hate that is the real obstacle for peace between Israel and the Palestinians. For many years, the Western countries that fund the Palestinians have utterly ignored Palestinian incitement against Israel.
Now, as is evident from the attacks on the British prime minister, Western leaders are themselves becoming victims of the Palestinians' smear campaigns. This is what happens when Western governments lavish untold millions of dollars on the Palestinians without requiring accountability and without demanding an end to the venomous Palestinian rhetoric against Israel and Jews.
The emerging maritime boundary deal between Israel and Lebanon, brokered by the Biden administration, constitutes a “total capitulation” to the terrorist organization Hezbollah, a senior jurist argued Sunday, adding that the Lapid government is violating Israeli constitutional rules by pursuing an agreement.
Eugene Kontorovich, Director of International Law at the Jerusalem-based Kohelet Policy Forum and director of the Center for the Middle East & International Law at George Mason University Antonin Scalia Law School, blasted Prime Minister Yair Lapid’s cabinet address Sunday, in which he confirmed that Israel has made concessions in US-brokered maritime border talks with Lebanon.
"Over the weekend, Israel and Lebanon received the American mediator's proposal for an agreement on a maritime line between the two countries. We are discussing the final details, so it is not yet possible to praise a done deal; however, as we have demanded from the start, the proposal safeguards Israel's full security-diplomatic interests, as well as our economic interests," Lapid said.
Lapid argued that ceding natural gas reserves to Lebanon would help the country become independent of Tehran, and ultimately curb the strength of groups like Hezbollah.
Kontorovich pushed back on Lapid’s claims, calling the concessions “capitulation” to Hezbollah, and arguing that pursuing such an agreement during an interim government violates Israeli constitutional norms.
“The proposed natural gas agreement between Israel and Lebanon represents a total capitulation to Hezbollah, and a transfer of sovereign Israeli territory to an Iranian puppet state.”
“As the people of Iran fight for their freedom, Israel is surrendering to Tehran via Beirut without even getting an acknowledgement of its existence in return, let alone peace.”
“After being proposed and rejected a decade ago, the deal is being rammed through, just weeks before the Israeli elections - in violation of Israeli constitutional rules - because the Biden Administration and Hezbollah understand the desperation and weakness of the Lapid-Bennett government.”
The emerging maritime agreement with Lebanon has benefits. These include negotiations between Israel and Lebanon, albeit indirect and mediated by the U.S. We should not underestimate the importance of an agreement, even if partial, with an enemy state. The ability to generate and implement common interests is a calming and restraining element.
Lebanon is a broken, insolvent country on the verge of anarchy, and the money it would gain from gas drilling would help it stabilize. In addition, Israel could start producing gas from the Karish field immediately, and at a time when the world is hungry for natural gas and prices are increasing. It will do so without a physical threat to its rigs.
The main disadvantage of the deal is the possible loss of maritime assets. Had Israel wanted to, it could have drilled in more extensive areas and extracted gas, but that would involve a considerable risk of an escalation. In other words, Israel has made a tactical concession for a strategic gain of stability on the northern border.
However, Israel must make sure to let Hizbullah know that it wasn't its threats that brought about the results. Hizbullah Secretary General Hassan Nasrallah will not hesitate to challenge Israel if he senses weakness on its part.
Former U.S. Ambassador to Israel David Friedman said Monday that the decision to all but endorse a U.S. plan to redraw the maritime border between Lebanon and Israel was a squandered opportunity that put to waste years of hard work. "We spent years trying to broker a deal between Israel and Lebanon on the disputed maritime gas fields. Got very close with proposed splits of 55-60% for Lebanon and 45-40% for Israel. No one then imagined 100% to Lebanon and 0% to Israel. Would love to understand how we got here," Friedman tweeted.
Lebanon on Monday denied a US-brokered maritime deal with Israel would see Beirut pay royalties to the Jewish state in exchange for access to disputed gas fields.
Deputy Parliament Speaker Elias Bou Saab, who has been involved in the maritime talks, told the interview the Al-Mayadeen TV station on Monday that Israel has made more significant concessions than its northern neighbor, which he claimed the Israeli government has also acknowledged.
Saab pledged that “Lebanon would not pay royalties to the Israeli enemy.”
Lebanon’s president Michel Aoun made similar claims to Saab, telling Lebanese citizens that “there will be no partnership with the Israeli side.”
Speaking earlier Monday, Prime Minister Yair Lapid said Lebanon would pay royalties to the Jewish state.
“Israel gets 100 percent of its security needs, 100% of Karish and even some of the profits from the Lebanese reserve,” the premier said.
Israel’s lead negotiator in the U.S.-mediated maritime border talks with Lebanon quit last week due to disagreements with the Prime Minister’s Office over how the process was being handled, Israeli media reported on Monday.
Ehud Adiri reportedly resigned just days before U.S. senior energy adviser Amos Hochstein on Saturday submitted to Jerusalem and Beirut what is widely being portrayed as a final proposal to end the two countries’ longstanding dispute over gas-rich waters in the Eastern Mediterranean.
According to the reports, Adiri opposed the terms of the emerging agreement and how National Security Adviser Eyal Hulata conducted the negotiations after their purview was transferred to the PMO.
Israeli opposition leader Benjamin Netanyahu on Sunday accused Prime Minister Yair Lapid of caving in to Hezbollah with regard to the emerging agreement.
“Yair Lapid shamefully surrendered to [Hezbollah chief Hassan] Nasrallah’s threats,” Netanyahu reportedly stated, adding: “He is giving Hezbollah sovereign territory of the State of Israel with a huge gas reservoir that belongs to you, the citizens of Israel.”
Over the weekend, anti-Israel voices tried to claim that the international community was hypocritical by condemning Russia's illegal annexation of Ukrainian territory and not doing the same about Israel's annexation of the Golan and "East Jerusalem."
Here is why Israel's annexations are legal, from a paper by Professor Eugene Kontorovich: (Italics his, bold emphasis mine.)
Whatever the current status of an absolute prohibition on territorial change resulting from war, there was certainly no such blanket prohibition in 1967, when the territory came under Israeli control. At the time, international law only prohibited acquisition of force in illegal or aggressive wars. This is evident from the source of the prohibition in the UN Charter, post-Charter state practice, and the understandings of international jurists at the time. There is simply no precedent or authoritative source for forbidding defensive conquest in 1967.
The U.N. Charter prohibits war for most purposes. When the use of force is illegal, it is natural to conclude that any territorial gains from such aggression cannot be recognized as well. Thus the illegality of conquest arises from the presumptive illegality of the use of force. But crucially, the U.N. Charter does not make all war illegal. Indeed, it expressly reaffirms the legality of a defensive war. Since defensive war is not illegal, it follows that the defender’s territorial gains from such a war would not be illegal.
The fundamental legal question is whether the law as it stood in 1967 clearly barred territorial changes resulting from the legal use of force. To answer that, we must see how the state practice, and leading jurists, answered that question after the adoption of the U.N Charter and before 1967.
1. The International Law Commission and leading scholars
The legality of defensive conquest was endorsed by the International Law Commission, a body created by the General Assembly, and tasked with providing fuller explanations of the legal significance of the U.N. Charter and related documents. Composed of some of the most distinguished jurists of the time, its work in the immediate post-War period is seen as providing highly authoritative explanations of the UN Charter. In the ILC’s drafting of their influential Draft Convention on the Rights and Duties of States (1949) and Draft Code of Offenses Against the Peace and Security of Mankind (1954), the question of the permissible scope of territorial conquest came up repeatedly. The ILC repeatedly recognized that not all territorial changes in war are illegitimate. Not all annexations were bad, the U.S. delegate argued. All agreed that post-war frontier adjustments were justified to help protect the victim of aggression. There was broad consensus territorial change was only impermissible in a war of “aggression.” Thus the final document provided that states have a duty “to refrain from recognizing any territorial acquisition by another State acting in violation” of the U.N. Charter or other international law rules. But Israel’s use of force in 1967 was defensive – certainly the U.S. is entitled to view it as such – and thus explicitly lawful under the Charter. Thus there is no obligation to refrain from recognizing it.
Furthermore, the leading international law treatises immediately prior to 1967 reveal a disagreement between leading authorities such as Hersch Lauterpacht and Robert Jennings on whether defensive conquest was proper under the UN Charter. The majority opinion seems to side with the permissive view, but both sides acknowledged that the matter was disputed, and a clear rule had not emerged.
2. State practice, 1945-67
The views of the U.N’s International Law Commission and most scholars in finding defensive conquest as lawful under the U.N. Charter should not be surprising given that it simply reflected broad state practice under the Charter. In the years immediately following the adoption of the Charter, many of the victorious Allies took territory of the defeated nations. All these annexations have been recognized, without controversy by the U.S. and international community. To mention only a few of these instances, Holland unilaterally annexed parts of Germany in 1949; Greece and Yugoslavia took parts of Italy; the U.S.S.R and Poland annexed large parts of Germany. The ILC in its deliberations specifically addressed the legal basis for these annexations: because the underlying use of force was lawful (defensive), the acquisition of territory can be permitted.
... An examination of state practice and international legal opinion shows that international law did not prohibit, and may even have affirmatively sanctioned, defensive conquest as of 1967. The lack of clarity is itself important, because in international law there is a meta-principle dealing with situations where it is not clear whether a rule has emerged. Known as the Lotus Principle, the rule is that when it is not clear whether an international law rule has emerged, states remain free to act. That is, the burden of proof is on those seeking to demonstrate the existence of a rule that would limit sovereign action. That which is not clearly prohibited is permitted. It is not necessary to consider whether any norm prohibiting defensive conquest emerged subsequently to Israel’s actual conquest of these territories. Under the doctrine of intertemporal law, subsequent developments in international law do not change the status of developments that occurred before those changes. That is, international law is non-retroactive, and this is most emphatically true for questions of territorial sovereignty and conquest, where any other principle would lead to chaos in international relations.
Policy Arguments
...The policy arguments for allowing for defensive conquest are compelling. Without such a possibility, an attempted aggressor is insured against significant negative consequences. Territorial expansionism becomes a no even. In short, the lack of any self-- lose game, because aggressors will always at least break help sanctions serves as a license and inducement to aggressors, especially in the absence of a unified international security regime of the kind the Charter originally envisaged.
Of course, no one is addressing the actual international law aspects of the situations - they just make up a facile analogy and assume that the audience is too ignorant to know otherwise.
For those who disagree with this analysis, the question remains - who has a better legal right to Jerusalem than Israel? It cannot be Jordan (who gave up its own legal claim,) it cannot be the UN for the reasons given above and it cannot be a nonexistent Palestinian Arab state or entity which didn't even exist when Israel captured it.
Buy the EoZ book, PROTOCOLS: Exposing Modern Antisemitism today at Amazon!
Or order from your favorite bookseller, using ISBN 9798985708424.
Khamenei’s deal-denying obstinacy ought to be viewed as a liberating opportunity by the Biden administration. Why should we allow Khamenei and his regime a guaranteed pathway to bomb-grade uranium and long-range ballistic missiles and let them extort us? Unrestricted oil and gas sales, a bonanza of foreign investment, and big, legal purchases of Russian conventional weaponry will significantly abet Iranian expansionism . . . unless we believe just down the road that the Supreme Leader and his like-minded friends will give way to more reasonable people?
Obama’s nuclear deal never really made sense unless one believed the regime would evolve into something much less malign. But the theocracy has crushed every internal effort at even the most minimal political reform, and, as Masha Amini’s death makes clear, the regime that inspired The Handmaid’s Tale is still very much that regime.
Democrats, who’ve been pushing apologias since Bill Clinton apologized to Iran in an effort to jump-start better relations, have a chance to get more realistic about the nature of the Islamic Republic. Khamenei’s decision to tell Washington to pound sand may finally allow Democrats, who’ve been addicted to arms control with the theocracy, to regain a certain moral clarity about the most aggressive, antisemitic, revisionist state in the Middle East.
Many Republicans should also thank the cleric, who is the most impressive post-World War II dictator in the region. Those who’ve wanted to believe that a “good deal” and better Iranian behavior was possible if Washington just ramped up sanctions enough to coerce the mullahs into moderation are now obliged to ask themselves whether they are willing to argue for military strikes, which could lead to a war in the Persian Gulf. Whatever the timeline was for sanctions working—always just over the horizon—it certainly no longer matches the timeline for Iran to test a nuke.
If most Republicans, too, turn out to be Iran doves, then they can at least try to develop a bipartisan approach to the Islamic Republic that involves, at a minimum, continuing economic pressure. Sanctions won’t stop the mullahs’ nuclear drive, but they can weaken the clerical regime internally and deny it hard currency for its foreign adventures. Americans, Europeans, Turks, Sunni and Shiite Arabs, and, most emphatically, the Israelis would be a lot better off if Washington forestalled the Iranian bomb.
But if Americans no longer have the self-confidence to engage in such military action, if they just don’t believe U.S. hegemony in the Middle East is worth the price, then they can still default to something less delusional and destructive than paying an endlessly lying enemy to forsake the cornerstone of its hegemonic ambitions. We should take a cue from the protestors in the streets: a regime that so easily kills women isn’t one the United States can do business with.
American and European “realists” have never been so wrong. It is the nature of the regime that counts.
In 2014, Egypt, the UAE and Saudi Arabia acted as Israel’s unofficial allies in Operation Protective Edge against Hamas in Gaza. Among other things, they blocked the Obama administration from coercing Israel into accepting Hamas’ ceasefire terms.
Their opposition to the Palestinians and support for Israel only grew during Trump’s presidency. Many people who spoke with the Egyptians, the Emiratis, Saudis and Bahrainis during this period understood that they were no longer willing to stand with the Palestinians and were willing to reach a pragmatic resolution of sovereignty in Judea and Samaria that respected Israel’s rights and interests as well as those of the Palestinians.
But blinded by ideology, and guided no doubt by Gantz’s political interest in humiliating Netanyahu ahead of the third round of elections, Eshel and Gantz ignored all of this. They insisted that nothing had changed in the Arab world since 2002, when the Saudi king gave a fake peace offer to New York Times columnist Thomas Friedman demanding that Israel surrender to the PLO’s maximalist demands as a condition for Arab-Israeli peace.
While Kushner seems to reject Eshel’s version of events in his recently published memoir, in a way, the veracity of Eshel’s story is less important than the fact that he takes so much pride in his version of events that he chose to share it with the Israeli public. Eshel clearly never considered that he may have been mistaken, and as a result of his own ideological blindness and political interests, he had destroyed Israel’s chance of permanently securing its national and strategic interests in Judea and Samaria.
Eshel’s blindness is a testament to the most glaring and dangerous characteristics of the left, both in Israel and throughout the Western world today. For leftists from Tel Aviv to Washington to Paris, the world is a static place where the 1960s anti-colonialist slogans that blamed all the troubles of the developing world on the West and the Jewish state are truths etched in stone—a progressive Ten Commandments. And the tablets will never be broken. Anyone who rejects these slogans, or permits reality to seep into their policymaking at any level are enemies far worse than the likes of the PLO or the Iranian regime or any terror group or regime that bases their claim to legitimacy on anti-colonialist precepts. On the other hand, unelected elites who live and die by these precepts are “objective professionals,” who protect our societies from riff raff that actually take into consideration facts, events, statements and political forces that stand these anti-Western principles on their heads.
From the progressives’ collective slobberfest over Islamic terrorists from Ramallah to Tehran, to their political and legal wars against anyone who disagrees with them, all over the West, our ability to make informed decisions, whether as voters or policymakers, is under assault. Elites who insist that their catechisms to the anti-colonialist gods are the beginning and end of all legitimate policymaking are damning us to policies that cause our nations to fail perpetually.
The Trump peace plan, including the sovereignty plan, was the first pragmatic blueprint for Israeli-Palestinian peace ever presented, because unlike all of its predecessors it was not based entirely on anti-Israel mythology. Eshel and Gantz didn’t just kill the sovereignty plan when they scared Kushner with their myths. They killed the entire concept that reality should form the basis of Israel’s policies towards the Palestinians.
In his memoir and in subsequent interviews, former ambassador Friedman has said that whatever one thinks of the Trump peace plan, it was an opportunity for Israel to begin having a serious discussion about what it wants to do with Judea and Samaria. Obviously, so long as Israel’s left controls the discourse and blocks reality from entering the discussion, no such discussion will be possible.
PA President Mahmoud Abbas asked the UN General Assembly on Friday why the Palestinians do not yet have a state. I found the answers to Abbas' questions were in his speech as well.
He claimed to genuinely want peace with Israel, but made clear that he rejects Israel's very legitimacy. He described Israel as a colonizing power for 75 years - that is, since its historic rebirth in 1948. He airbrushed Judaism out of his "eternal" Jerusalem, in which there are only Muslim and Christian holy sites.
There was no mention that Israel dismantled its settlements and withdrew all its soldiers from Gaza in 2005. No hint that Hamas took over, and has provoked conflict with Israel ever since with indiscriminate rocket attacks on Israel, teaching Israel that relinquishing adjacent territory merely empowers the forces that seek our destruction.
Abbas devoted some of his speech to Nasser Abu Hamid, whom he described as a heroic martyr who was now dying in jail of cancer, failing to note that Abu Hamid is serving multiple life terms for the murders of seven Israelis and the attempted murders of 12 more. Abbas championed the killers of Israelis - to whom his Palestinian Authority insists on paying salaries, thus nurturing the next generations of murderers.
Abbas ignored the "one condition" Prime Minister Yair Lapid set on Thursday for the implementation of a two-state solution: "That a future Palestinian state will be a peaceful one. That it will not become another terror base from which to threaten the well-being and the very existence of Israel."
Lapid offered Abbas a one-sentence formula for Palestinian independence: "Put down your weapons, and there will be peace."
With the ongoing talk about apartheid, I was reminded of a report that
targeted Israel for war crimes. Not the B'tselem report. Not the HRW
report. Not even the Amnesty International report.
Instead, I was reminded of the 2009 Goldstone Report.
Of all the issues and topics that were going back and forth back then, one
thing that stood out in my mind was the denial -- the denial from one of the
judges on the Goldstone commission.
Desmond Travers, a retired Irish Army colonel, was part of the
United Nations Fact-Finding Mission on the Gaza Conflict. Whatever else
Travers may have contributed to the group, one thing he seemed to make it his
job to do was offer implausible deniability.
So far, no substantive critique of the report has been received?
Well, one of the easiest ways to rebut a criticism is to deny that it was
ever made (this was back in the day, before it was fashionable to rebut
criticism by accusing the other person of being a racist).
Among the papers and articles that came out rebutting the Goldstone Report
on issues of law, fact and bias were those from:
But you would never know it from Travers, who made it his business to assure
everyone that there was nothing to see -- no criticism, no errors of fact
and no controversy in the definition and application of the law.
Fast forward to 2021.
When the HRW report came out, the group apparently adopted the same strategy
of denying that anyone could come up with a credible critique of what they
wrote. On July 9, 2021, Omar Shakir,
HRW's Israel and Palestine Director, tweeted:
Moreover, the invocation of “strawmen” is ironic, given that neither Shakir
nor Roth provided any identification of who or what those strawmen might be,
in order to avoid having to refute the substantive arguments.
More to the point, Shakir claims that he did not receive "almost any"
counter-arguments on questions of law or definitions.
He is ignoring
Eugene Kontorovich's paper, which oddly enough does address the issues of both law and
definitions that Shakir claims are lacking -- as well as addressing errors
of fact. Kontorovich has
a shorter post
as well.
CAMERA is apparently guilty of the kind of ad hominem attacks that Shakir
condemns. They note that Joe Stork, HRW's Deputy Director for Middle
East and North Africa who joined the group in 1996:
Before being hired by HRW, Stork openly supported Palestinian terror attacks
against Jewish civilians, and opposed any and all peace treaties between
Israel and Arab states.
But pointing out the anti-Israel bias of Stork is done as the context for
the factual errors in the HRW report that follow in CAMERA's analysis.
Joshua Kern, a lawyer in international law who has defended clients at the
ICC, also wrote
one of those posts criticizing the HRW report that Shakir missed. One of the points he makes is that the report appears to water down the
concept of "domination" in the context of apartheid from outright
"supremacy" down to an Israeli policy designed “to engineer and maintain a
Jewish majority in Israel” and to “maximize Jewish Israeli control over land
in Israel and the OPT” (A Threshold Crossed, p. 49). Kern notes
With respect to Israel, a policy intended to safeguard the Jewish character
of the State and to protect its citizens’ security scarcely reflects the
racism of baasskaap [an Afrikaans term for "supremacy"]. On the contrary,
recognition of Israel as a Jewish State has been integral to how the
international community has addressed issues arising from the
Israeli-Palestinian conflict since 1947 at the latest (when the General
Assembly recommended partition between the “Jewish” and “Arab” States). [emphasis ]
Will Human Rights Watch now condemn the UN General Assembly as encouraging
apartheid?
So how is it Shakir can claim that he is not aware of challenges to the HRW
report?
Herzberg may have the answer.
She notes that
in the actual report, Shakir's role in creating the report is mentioned:
Omar Shakir, Israel and Palestine Director at Human Rights Watch, was
the lead researcher and author of this report. [emphasis added]
Yet in
a symposium last year
designed to allow for HRW and critics of its report to confront each other
-- Shakir was not to be found. Instead, Clive Baldwin and Emilie Max
provided HRW's response.
According to the report, Baldwin is a senior legal advisor at HRW who
provided program and legal review, while Max is a consultant who
contributed research.
So Shakir is the lead person responsible for the report -- yet did not show
up to actually answer for it. Lawyers who had a secondary role in
creating the report were there instead.
No wonder Shakir has no idea of the challenges to his report.
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