Anne Bayefsky: UN: Turning back the clock to pre-1948 is the real endgame
Incitement against the Jewish state is directly related to the stabbings, raping and killing of Jews inside and outside of Israel. But doing something to stop it requires confronting a very troubling fact: the global epicenter for incitement is the “human rights” leviathan, the United Nations.Eugene Kontorovich: Five puzzles about occupation and settlements: questions for Geneva
From November 24, 2014 until December 5, 2014, UN human rights headquarters in Geneva mounted a public exhibit that was pure incitement. UN-driven antisemitism that takes the form of seeking to demonize, disable and ultimately destroy the Jewish state.
The exhibit was entitled: “La Nakba: Exode et Expulsion des Palestiniens en 1948” – or “The Nakba: Exodus and Expulsion of the Palestinians in 1948.” The occasion was the annual UN Day of Solidarity with the Palestinian People. Solidarity Day marks the adoption by the General Assembly on November 29, 1947 of the resolution that approved the partitioning of Palestine into an Arab and a Jewish state.
The partition resolution was rejected by Arab states and celebrated by the Jewish people. Thus the Arab war to deny Israel’s right to exist began.
But in 2014, the UN overtly jettisoned the usual diplomatic lie that the 1967 occupation is the root cause of the Arab-Israeli conflict. The exhibit focused on the alleged crime of creating a Jewish state in 1948 and openly justified the rejection of the partition resolution.
Today, Switzerland convened a conference of State Parties to the Fourth Geneva Convention, to discuss the law of occupation as it pertains to Israel. There have been just a couple of previous occasions when Geneva convened the signatories of its eponymous treaty, and every single one has been about Israel. (Jerusalem, Washington, Ottawa, and Canberra have announced they will snub the confab.)
Yet there is nothing wrong with an international conference to discuss the Fourth Geneva Convention, and to attempt to better understand its requirements as they apply in particular situations. Art. 49(6)’s prohibition of “deportation and transfer” into occupied territory could certainly do with elucidation. (The “deport or transfer” ban is commonly referred to as “settlement building.”)
Indeed, an examination of movement into occupied territory in Georgia, Ukraine, Azerbaijan, Western Sahara, and Cyprus would be both timely and instructive. Needless to say, this is not what the state parties will be discussing. They are, sadly, not interested in the Geneva Conventions, but only their possible use against Israel. But if the State Parties were to want an interesting agenda, here are some questions they might ask.
1. The first relates to the ICRC’s own definition of occupation (a precondition to the applicability of the “deport or transfer” norm). The state parties apparently regard Israel as occupying Gaza, to say nothing of all of the West Bank, despite the removal of Israeli troops from those areas and the existence of an independent Palestinian administration there. However, occupation in all other contexts requires the occupying power to displace and actually function as the governing authority, conditions that do not apply in Gaza and large parts of the West Bank (Area A).
Indeed, an ICRC manual excludes areas like Gaza:
Occupation ceases when the occupying forces are driven out of or evacuate the territory. (emphasis in the original)
How Israel’s occupation squares with the ICRC’s own definition of the term would be a useful subject for the state parties.















