Alan M. Dershowitz: Trump Is Right about the Golan Heights
I had the opportunity to discuss this issue with U.S. President Donald J. Trump two weeks before he announced his decision. I provided him with the battleship analogy, which he seemed to appreciate. I told him that I thought the Sunni Arab world might complain, but that they really do not care about the Golan, which has no religious significance to Islam. There were in fact, some minor protests, but nothing of significance.
Predictably, the European Union opposed the U.S. recognition of the annexation. But it provided no compelling argument, beyond its usual demand that the status quo not be changed. Israel's control over the Golan Heights has been the status quo for more than half a century; and Israel's legitimate need to control the heights has only increased over time, with war in Syria, and the presence of Iranian and Hezbollah military in close proximity. Would the European Union demand that Israel now hand over the Golan Heights to Assad? Has any European country ever handed over high ground, captured in a defensive war, to a sworn enemy?
Recall that at the end of the first and second world wars, European countries made territorial adjustments to help preserve the peace. Why should the European Union subject Israel to a double standard it has never demanded of itself? The answer is clear: The European Union has always acted hypocritically when it comes to Israel, and this is no exception.
So three cheers for President Trump for doing the right thing. I will continue to criticize him if and when he does the wrong thing -- such as separating families at the U.S.'s southern border.
That is what bipartisan means: praising the President I voted against when he does the right thing, and criticizing presidents I voted for (such as Barack Obama) when they do the wrong thing (such as abstaining on the Security Council Resolution declaring Jewish holy places to be occupied territory).
Israel's continuing control over the Golan Heights increases the chance for peace and decreases the chances that Syria, Iran and/or Hezbollah will be able to use this high ground as a launching pad against Israelis. That is good news for the world, for the United States and for Israel.
Amb. Alan Baker: U.S. Recognition of Israeli Sovereignty over the Golan Heights, March 2019: Some Legal Observations
This legislation was accompanied by an assurance, conveyed in Israel’s Knesset by Prime Minister Begin,12 as well as by Israel’s UN ambassador in a communication to the Secretary-General of the UN, according to which:Map proves Syria recognized Banias as Israeli before 1967
The government of Israel wishes to reiterate that it is willing now as always to negotiate unconditionally with Syria as with its other neighbors for a lasting peace in accordance with Security Council Resolutions 242 (1967) and 338 (1973). The Golan Heights Law does not preclude or impair such negotiations.13
While the laws of armed conflict address situations in which a state, in exercising its inherent right of self-defense, takes control of, or occupies territory of the offensive state, the question of the length of time such a situation of control or occupation may last is not addressed. Furthermore, a long-term continuation of belligerency, an ongoing threat of aggression by the state concerned, and a lack of any foreseeable chance of peace negotiations all generate a unique situation facing the state controlling the territory, with no foreseeable chance for a peace settlement.
In his publication “Justice in International Law:” “What Weight to Conquest? Aggression, Compliance, and Development” (1970) Stephen Schwebel, former judge in the International Court of Justice, refers to the situation of the Golan Heights as follows:
…as regards territory bordering Palestine, and under unquestioned Arab sovereignty in 1949 and thereafter, such as Sinai and the Golan Heights, it follows that no weight shall be given to conquest, but that such weight shall be given to defensive action as is reasonably required to ensure that such Arab territory will not again be used for aggressive purposes against Israel.14
The recent civil war in Syria, the continued lack of any stable government, the flagrant and willful crimes committed by the Syrian president against those elements opposing his regime and against Syrian civilian population, as well as the emplacement of Iranian armed facilities on Syrian territory directed against Israel, all serve to indicate the utter lack of any hope that Syria will in the near future be prepared to recognize Israel as a legitimate neighbor, accept a common border, and enter into a peaceful relationship with Israel.
These factors are also indicative of a total lack of reliability by the Syrian leadership, and capability of genuinely taking upon itself any international responsibility, especially vis-à-vis Israel.
With this background, the proclamation by the U.S. President recognizing Israel’s sovereignty over the Golan Heights is logical and necessary.
Following U.S. President Donald Trump's recognition of Israeli sovereignty on the Golan Heights, researchers at Tel-Hai College have discovered that prior the 1967 Six-Day War, even Syria recognized the Banias plateau – the site of a spring at the foot of Mount Hermon that feeds one the main tributaries of the Jordan River – as belonging to Israel.
The researchers discovered a map drawn by Syria's planning and construction agency in 1965, two years before the Six-Day War, which places Banias on the Israeli side of the border.
"Even before Israel was founded, Banias was part of the British Mandate in Palestine, flush up against the border of the French Mandate in Syria," explains Shalom Tarmachi, head of the Tel-Hai College map collection.
The 1965 Syrian map shows the Banias plateau in red
"In 1939, the Jewish National Fund purchased land in the area of Khan a-Duar at Banias, so the area belonged to Israel, both legally and politically. The cease-fire agreement of 1949 that ended the War of Independence decided that the area would be demilitarized, under the assumption that its status would be regulated in a future peace treaty. But until 1967, communities in the Hula Valley suffered heavy Syrian fire from Banias, and it became part of [Syria's] attempt to divert the sources of the Jordan River," Tarmachi said.
Tarmachi said that before the college's map archives began working with an advanced system that allows multiple maps to be overlaid on top of each other and adjusted to the same scale, it was "very hard" to identify to whom the Syrians assigned the territory in their maps. Now, he says, the new system makes it "very clear that the Syrians did not consider the demilitarized area as theirs, even though they used it for military activity."
Israeli maps, he explained, show Syrian tank posts, minefields, and attempts to divert the sources of the Jordan River, but it is actually the Syrian map that shows that the Banias plateau lies on the Israeli side of the border. (h/t Elder of Lobby)
