Alan M. Dershowitz: International Law Supports Israel Retaining Some of the West Bank
I participated in the drafting of UN Security Council Resolution 242 back in 1967, when Justice Arthur Goldberg was the U.S. Representative to the UN. I had been Justice Goldberg's law clerk, and he asked me to come to New York to advise him on some of the legal issues surrounding the West Bank. The major controversy was whether Israel had to return "all" or only some of the territories captured in its defensive war against Jordan.Ambassador Danny Danon: Israel and the US, winning together
The end result was that the binding English version of the resolution deliberately omitted the crucial word "all," which both Justice Goldberg and British Ambassador Lord Caradon publicly stated meant that Israel was entitled to retain some of the West Bank. Moreover, under Resolution 242, Israel was not required to return a single inch of captured territory unless its enemies recognized its right to live within secure boundaries.
U.S. Ambassador to Israel David Friedman is right in two respects: (1) Israel has no right to retain all of the West Bank, if its enemies recognize its right to live within secure borders; (2) Israel has "the right to retain some" of these territories. The specifics are left to negotiation between the parties.
The reality is that Israel will maintain control over traditionally Jewish areas, as well as the settlement blocs close to the Green Line. I know this because Palestinian President Mahmoud Abbas has told me this on more than one occasion when we have met.
The attack on Ambassador Friedman is mere posturing by the Palestinian leaders and their supporters. The realpolitik, recognized by all reasonable people, is that Israel does have a right to retain some, but not all, of the West Bank.
The Palestinians can end the untenable status quo by agreeing to compromise their absolutist claims, just as Israel will have to compromise on its claims. The virtue of Ambassador Friedman's statement is that it recognizes that both sides must give up their absolutist claims, and that the end result must be Israeli control over some, but not all, of the West Bank.
For decades, the United Nations has served as the home turf of Arab countries who used it to batter the State of Israel and the soldiers of the Israel Defense Forces. In recent years, though, the rules of the game have changed, and no longer finding itself having to deal with a last-minute tie, Israel now takes the field with a significant advantage.Nikki Haley: Trump's peace plan puts Israel's security first
The strength of the alliance between the United States and Israel is a prominent layer in our policies at the UN. Our cooperation at the forefront of the diplomatic stage helps leverage the efforts of both Israel and the US.
In December, US Ambassador to the UN Nikki Haley and I submitted a motion condemning the Hamas terrorist movement to the General Assembly. For the first time in the organization’s history, 87 countries voted to condemn Hamas and admitted the terrorist group was a global problem. This helped leverage the efforts Israel is leading to have Hamas defined as a terrorist organization at the UN.
At the same time, when Washington needed our help, we were the first to stand alongside the US. Every year, a resolution is submitted demanding the US revoke its economic embargo on Cuba. Israel was the only country outside the US at the UN to oppose the resolution in last year’s vote.
A few days ago, one of Hamas’ terrorist arms in Lebanon, disguised as a human rights organization by the name of “Shahed,” tried to gain observer status at the UN. We informed our counterparts in the American delegation and together, enlisted a majority of countries within the framework of an international campaign that succeeded in preventing a Hamas delegation from penetrating the UN.
But the cooperation does not begin and end in New York; it is spread across the various branches of the UN, including the infamously anti-Israel Human Rights Council in Geneva. One year ago, the US announced that while it would continue to fight for human rights, it would no longer do so within the framework of an organization so blind with Israel hatred. The US quit the council and called on other countries to follow suit.
Nikki Haley may no longer be the United States permanent representative to the United Nations, but her passion for defending Israel is as strong as ever.
The Jewish community in the United States and Israelis by and large treated Haley as the superstar of the Trump administration because she relentlessly took the UN to task and put a mirror in front of the international organization, revealing just how biased it was toward Israel.
Now, as a private citizen, she takes pains to assure Israelis they have nothing to fear regarding the administration’s peace efforts, just weeks before the rollout of the economic component of its peace plan. She says President Donald Trump’s peace team considers Israel’s security paramount.
Haley sat down for an interview with Israel Hayom Editor-in-Chief Boaz Bismuth on Thursday in New York. The following are excerpts from the interview. The full version will be published on Friday.
Former US envoy to the UN Nikki Haley with Israel Hayom Editor-in-Chief Boaz Bismuth | Photo: Nir Arieli
Q: Later this month, the administration will roll out the economic component of its peace plan. Some in Israel are worried that the US would want something from Israel in return for recognizing Jerusalem as its capital and recognizing its sovereignty over the Golan Heights. Should Israel be worried about the plan?
“Israel should not be worried. Because through the Middle East plan, one of the main goals that [Senior Adviser to the President] Jared Kushner and [US Special Representative for International Negotiations] Jason Greenblatt focused on was to not hurt the national security interests of Israel. They understand the importance of security, they understand the importance of keeping Israel safe. I think everybody needs to go into it with an open mind, everybody should want a peace plan. Everybody should want to make way for a better situation in Israel and I think it can happen. So rather than pushing back against what we don’t know, I hope everybody would lean in on what the possibilities of what the peace plan could look like and think of a better life for everyone.”
