

Canada has reversed course and voted in favour of a United Nations resolution condemning Israel for its “occupation” of Palestinian Territories, prompting a backlash of anger from Jewish groups.
The move marks a further departure between the U.S. and Canada on their posture toward Israel and a potential reversal of long-standing Canadian foreign policy.
The Trudeau government on Tuesday supported a resolution put forward by “the state of Palestine”, North Korea, Zimbabwe and others that calls for a “just, lasting and comprehensive peace settlement” to the Israel-Palestine conflict, and explicitly refers to contested lands between the two countries as “Occupied Palestinian Territories.” It also cites a 2004 International Court of Justice decision that said Israel’s construction of a protective wall in the West Bank “severely impedes the right of the Palestinian people to self-determination.”
The U.S. was among five countries that rejected the resolution, while Australia abstained. A total of 164 countries voted in favour, including the U.K., Germany and others.
The vote could mark a departure in Canadian foreign policy, which has been loosely aligned with the United States’ more pro-Israel stance since the early 2000s, when Paul Martin shifted his posture away from the previous government. The Conservatives under Stephen Harper then became an even more regular supporter of Israel.
Pro-Israel groups blasted Prime Minister Justin Trudeau for the vote on Tuesday, saying it was a betrayal of more than 10 years of staunch support for the country.
“Trudeau is trading Canada’s bedrock principles of fairness & equality for a UN Security Council seat,” Hillel Neuer, founding chairman of the Geneva Summit for Human Rights and Democracy, said on Twitter. Neuer was referring to a bid by Canada to gain a UN Security Council seat next year. “By voting for a resolution co-sponsored by North Korea & Zimbabwe, he has entered a Faustian bargain with dictatorships that does not bode well for a free & democratic society.”
He said Canada had “joined the jackals” in a separate tweet.
The world once feared the Arab-Israel conflict could trigger a global war. Since then, Israel made peace with Egypt & Jordan. Today it seems many in the Arab world could make peace with Israel—but that Jeremy Corbyn, Ken Roth & EU diplomats who need to condemn Israel never would.
— Hillel Neuer (@HillelNeuer) November 21, 2019
2. Trudeau's motive was not what you claim. Why didn't you mention that Canada is lobbying for a seat on the Security Council and that—as Australia's PM Kevin Rudd tried to do ahead of the 2012 vote—Trudeau is trying to buy support by voting against Israel?https://t.co/GWpflJFm2D
— Hillel Neuer (@HillelNeuer) November 21, 2019
Liberal critics are condemning the announcement as unprecedented—but in fact the U.S. position that settlements are illegal under international law only dates to the final days of the Obama administration. The Trump administration is bringing U.S. policy in line with the positions held by successive Republican and Democratic administrations dating back to 1967, when Israel acquired the West Bank in the Six Day War.NGO Monitor: PodCast: Season 2, Episode 7: Human Rights Watch v. The State of Israel
It was only in late December 2016, after President Trump won the presidential election and weeks before Inauguration Day that the Obama administration supported a U.N. Security Council resolution declaring settlements a violation of international law. The move was widely condemned by pro-Israel groups and even many Democrats as a spiteful, abrupt, and illegitimate policy shift by an administration days before its departure from the White House.
In fact, during the Obama administration in 2011, U.N. ambassador Susan Rice vetoed a similar resolution declaring settlements illegal, consistent with longstanding U.S. policy to both reject their illegality and to block anti-Israel activism in the Security Council. Until the administration reversed itself in late 2016, it regularly referred to settlements as "illegitimate," but not illegal.
Before that, in 2004, the United States exchanged letters with the Israeli government explicitly endorsing Israel's retention of major West Bank settlement blocs in any peace deal with the Palestinians. As part of Israel's plan to withdraw from Gaza the next year, President Bush wrote to Prime Minister Ariel Sharon that:
On November 5, the Israeli Supreme Court rejected Human Rights Watch's demand that Israel renew “Israel/Palestine Director” Omar Shakir’s work visa- acknowledging his BDS activism. How did the court come to this decision? What was NGO Monitor’s role in the case? Join our host Yona Schiffmiller, Legal Expert Anne Herzberg, and Researcher Ariella Esterson as they explain this story.
Host: NGO Monitor Director of Research Yona Schiffmiller
Guests: NGO Monitor Legal Advisor Anne Herzberg and Harry C Wechsler Fellow Ariella Esterson
Inserting it into the conversation is a disruption. Inserting it into the conversation is a manipulation. It is a tactic aimed at presenting Israel as a pariah state, a state guilty of criminality.You'd be hard-pressed to argue otherwise.
A long-awaited United Nations review of Israel’s 2010 raid on a Turkish-based flotilla in which nine passengers were killed has found that Israel’s naval blockade of Gaza is both legal and appropriate. [emphasis added]
Israel captured the West Bank from Jordan in the 1967 war and has occupied the territory ever since. The Fourth Geneva Convention, ratified by 192 nations in the aftermath of World War II, says that an occupying power “shall not deport or transfer parts of its own civilian population into the territory it occupies.” The statute that established the International Criminal Court in 1998 classifies such transfers as war crimes, as well as any destruction or appropriation of property not justified by military necessity.In a bait-and-switch, the article starts off talking about Jordan and its questionable rights to the West Bank and just a few paragraphs later is talking about "privately-owned Palestinian land" -- without ever addressing the question of how the Palestinian Arabs acquired sole rights over an area from which Jews were ethnically cleansed by Jordan in 1949.
Israel argues that a Jewish presence has existed on the West Bank for thousands of years and was recognized by the League of Nations in 1922. Jordan’s rule over the territory, from 1948 to 1967, was never recognized by most of the world, so Israel also argues there was no legal sovereign power in the area and therefore the prohibition on transferring people from one state to the occupied territory of another does not apply.
The International Court of Justice rejected that argument in an advisory opinion in 2004, ruling that the settlements violated international law.
o As an advisory opinion, it has no legal weight, especially since Israel had no role in the proceedings and did not present its sideThis New York Times is not alone in playing this game of disinterested observer objectively presenting the facts.
o The actual case before the court was the security fence. The court mentioned the legality of the settlements in response to the phrasing of the question brought before them -- without actually deliberating on the issue of the settlements
o One of the judges, Justice Kooijmans, wrote a separate opinion where he says specifically that under the circumstances:
The Court has refrained from taking a position with regard to territorial rights and the question of permanent status
Palestinians have condemned a decision by the US to abandon its four-decades-old position that Jewish settlements in the occupied West Bank are inconsistent with international law.BBC Watch notes
Secretary Pompeo’s statement marks a return to the policy of US administrations between 1981 and December 2016. In other words, the “position” described by the BBC is three years old rather than “four-decades-old”.If so, he has good company. The New York Times similarly claims this week:
The Trump administration declared on Monday that the United States does not consider Israeli settlements in the West Bank a violation of international law, reversing four decades of American policy and removing what has been an important barrier to annexation of Palestinian territory.Ira Stoll points out that in 2017, a New York Times editorial claimed
Even on its own terms, the memo’s conclusions no longer apply. Because occupation is part of the law of war, Hansell wrote, the state of occupation would end if Israel entered into a peace treaty with Jordan. In 1994 Jerusalem and Amman signed a full and unconditional peace treaty, but the State Department neglected to update the memo.The attempts to cow Israel into submission with claims of international law recently went beyond words with the decision by the European Union's Court of Justice that Israeli products from the disputed areas must be labeled.
Pompeo's declaration is a clear and immediate rebuff of this unwise decision by the court. Again, it is calling a bluff: this is not a judicial decision based on law, it is a political decision expressing Europe's opposition to settlement activity.Whether resorting to fabricated accusations of illegality or to actual legal measures that have more bite, this is not really an issue of law.
Boycotting Israel is a failure, and has only helped that country while damaging Arab nations that have long shunned the Jewish state, according to a small new group of liberal-minded Arab thinkers from across the Middle East who are pushing to engage with Israel on the theory that it would aid their societies and further the Palestinian cause.
The group has brought together Arab journalists, artists, politicians, diplomats, Quranic scholars and others who share a view that isolating and demonizing Israel has cost Arab nations billions in trade. They say it has also undercut Palestinian efforts to build institutions for a future state, and torn at the Arab social fabric, as rival ethnic, religious and national leaders increasingly apply tactics that were first tested against Israel.
“Arabs are the boycott’s first — and only — victims,” Eglal Gheita, an Egyptian-British lawyer, declared at an inaugural gathering this week in London.
Calling itself the Arab Council for Regional Integration, the group does not purport to be broadly representative of Arab public opinion. Its members espouse a viewpoint that is, to put it mildly, politically incorrect in their home countries: Some have already been ostracized for advocating engagement with Israel and others said they feared retribution when they return.
Some participants urged measures like establishing a teachers college and research institute with campuses in Casablanca, Amman, Haifa and Manama. And an Iraqi counterterrorism expert living in Germany, Jassim Mohammad, urged Arab security services to stop the spread of “radicalism and hate” in the media, schools and mosques and to spread “corrective content about Israel and Jews” instead.Al Khaleej Online adds:
He called this a “matter of Arab national security.”
Participants, particularly from Bahrain, Tunisia and Algeria, went on to praise the social, cultural and heritage role of Arab Jews in their countries, both in the past and in the present.
Representatives from Arab countries that witnessed a multi-motivated Jewish exodus, such as Lebanon, Libya, Yemen and Algeria, expressed regret over the loss of their Jewish citizens, who had an important role in the development, culture and economy of their societies.
Extremism and terrorism were deplored, and concern expressed about “brainwashing” of children in school and of students at university level; and, remarkably, from the clerics Hassen Chalghoumi, a condemnation of the “politicization” of Islam, and from Lebanon’s Saleh Hamed, a plea to Europe to crack down on the number of mosques in which imams were preaching hatred.We've seen a pattern emerging in recent years of lone voices in the Arab world starting to speak up against the insane anti-Zionism and antisemitism in that world. It used to be articles that were primarily critical of Arab regimes that would incidentally say that Arabs under Israeli rule have it better, or articles that would point out that Israel had more Nobel Prizes than all the Arab nations combined. It has accelerated into open calls for dialogue with Israel.
The event was sponsored by the US-based Center for Peace Communications, whose board of directors is headed by Dennis Ross. The CPC describes itself as “a group of Americans who believe that security and prosperity in the Middle East and North Africa require a peace between peoples.” Joseph Braude, the convenor of the conference, is a senior fellow at the Middle East Program of the Foreign Policy Research Institute, in Washington D.C., and is CPC’s founder and president.
No Israelis were present, because some of the delegates could have been subject to prosecution in their home countries for the “crime” of normalizing relations. It was clearly, Braude said, “a civil initiative in which no government had a hand,” but the views expressed are bound to resonate throughout the Middle East.
Under international law, occupation occurs when a country takes over the sovereign territory of another country. But the West Bank was never part of Jordan, which seized it in 1949 and ethnically cleansed its entire Jewish population. Nor was it ever the site of an Arab Palestinian state.
Moreover, a country cannot occupy territory to which it has sovereign title, and Israel has the strongest claim to the land. International law holds that a new country inherits the borders of the prior geopolitical unit in that territory. Israel was preceded by the League of Nations Mandate for Palestine, whose borders included the West Bank. Hansell’s memo fails to discuss this principle for determining borders, which has been applied everywhere from Syria and Lebanon to post-Soviet Russia and Ukraine.
Even on its own terms, [Hansell’s 1978] memo’s conclusions no longer apply. Because occupation is part of the law of war, Hansell wrote, the state of occupation would end if Israel entered into a peace treaty with Jordan. In 1994 Jerusalem and Amman signed a full and unconditional peace treaty, but the State Department neglected to update the memo.
Even if there were an occupation, the notion that it creates an impermeable demographic bubble around the territory—no Jew can move in—has no basis in the history or application of the Fourth Geneva Convention. Almost every prolonged occupation since 1949—from the Allies’ 40-year administration of West Berlin to Turkey’s 2016 occupation of northern Syria—has seen population movement into the occupied territory. In none of these cases has the U.S., or the United Nations, ever claimed a violation of this Geneva Convention provision.
When Secretary of State Mike Pompeo announced this week that the U.S. no longer considers Israeli settlements in the West Bank to be in violation of international law, most Israelis were clearly pleased. All the major Israeli political parties greeted the announcement with support. Both Israeli Prime Minister Benjamin Netanyahu and his leading rival, Blue and White party leader Benny Gantz, agreed that America was right to scrap its old insistence that Jews had no right to live outside the 1949 armistice lines.David Singer: European Union Bites Off More Than it Can Chew in Judea and Samaria
Labeling these Jewish communities as illegal renders negotiations over the territories effectively moot. As long as the world considers the territories to be stolen property that must be returned to the Arabs - rather than disputed land whose fate must be arrived at by give and take by both sides - there's nothing to negotiate.
Like Netanyahu, Gantz understands that Israel must maintain control of the Jordan River Valley and most of the settlements even in the theoretical event that the Palestinians eventually choose to make peace as opposed to continue holding onto their century-old war on Zionism.
What the U.S. has done is to put the Palestinians on notice that if they want an end to the status quo, then they will have to talk to the Israelis. They cannot sit back and wait for the international community to hand them Israeli concessions on a silver platter.
All this pompous gobbledy gook being required for labelling the source of products made in territory disputed between Jews and Arabs for the last 100 years is deeply disturbing. There is no appeal from this decision.
The European Union could be in a real political bind as a result. The labelling requirements introduced by the European Union in 2011 and interpreted in 2015 has led it down this disastrous path promising only ridicule and contempt.
To be consistent and not be subjected to charges that it is deliberately targeting Jews and inciting Jew-hatred – the European Union needs to insist on similar stringent labelling requirements being immediately applied on goods originating from more than 150 disputed territories around the world.
Alternatively – the European Union could get itself out of this embarrassing labelling war and PR disaster by simply requiring goods originating from Israeli settlements to state “Product of Judea” or“Product of Samaria”.
Judea and Samaria – the historic and geographic terms used for the disputed territories for the last 3000 years – were relabelled the “The West Bank” by Jordan in 1950 – and enthusiastically embraced by the European Union.
The chickens from Judea and Samaria have come home to roost. Truth in labelling by the feckless European Union is long overdue.
The Dutch parliament on Tuesday approved a motion pushing back against a European Court of Justice decision that ordered the labeling of Israeli goods made in West Bank settlements.
The motion, approved 82-68, calls on the government to object to the ruling, unless similar standards are applied to all disputed territories around the world. It deems the singling out of Israel in such regard unfair and discriminatory.
Israel has heavily criticized the the court’s ruling last week, calling it discriminatory and noting that there are more than 200 territorial disputes across the world, but that the European court had never ruled on any of them.
The Dutch vote, supported by Christian groups in parliament and backed by the governing coalition, does not compel the government to act and is largely symbolic. However, diplomatic officials told the Ynet news site that the strong support from the coalition indicated it would guide government policy to an extent.
Israeli Ambassador to the Netherlands Naor Gilon thanked legislators for their support and expressed hope that if the court ruling stands, Dutch leaders “will adopt their own recommendation and not implement a discriminatory resolution.”
Israeli settlements in occupied territory are illegal. This is clear from international law and multiple United Nations resolutions. Once again, Mr. Trump is isolating the United States and undermining diplomacy by pandering to his extremist base. https://t.co/Vz5NNpKIVB— Bernie Sanders (@SenSanders) November 18, 2019
Israeli settlements in the West Bank do not violate international law. That is now America's official view, repudiating the conclusions of a 1978 State Department memorandum. The four-page 1978 memo written by legal adviser Herbert Hansell was hardly a thorough study and cited no precedent for its key conclusions. Hansell concluded that Jews who had moved past the Green Line into disputed territory had somehow been "deported or transferred" there by the State of Israel.Why the U.S. Is Right to Recognize West Bank "Settlements" as Legal
A country cannot occupy territory to which it has sovereign title, and Israel has the strongest claim to the land. International law holds that a new country inherits the borders of the prior geopolitical unit in that territory. Israel was preceded by the League of Nations Mandate for Palestine, whose borders included the West Bank. Hansell's memo fails to discuss this.
Moreover, Hansell wrote that the state of occupation would end if Israel entered into a peace treaty with Jordan, which it did in 1994, but the State Department neglected to update the memo.
Almost every prolonged occupation since 1949 - from the Allies' 40-year administration of West Berlin to Turkey's 2016 occupation of northern Syria - has seen population movement into the occupied territory. In none of these cases has the U.S. or the UN ever claimed this was a violation of the Fourth Geneva Convention.
Pompeo's action shows the U.S. understands that we can't have one international law for one country and another for the rest of the world.
Secretary of State Mike Pompeo announced that U.S. would no longer take the position that Israeli civilian "settlements" in the West Bank are "inconsistent with international law." Many of those "settlements" - cities, really, some of them in existence for decades - are never going to be bulldozed. That's reality.Ruthie Blum: Trump makes pro-Israel history again
It has always been a mistake for the U.S. to treat Jews who returned to their ancient homeland as occupiers. For one thing, it was impossible for Israel to "occupy" Palestinian territories because no such nation has ever existed. UN Security Council Resolution 242 of 1967 established Israel's legal right to negotiate a peace with defensible borders with existing states. Resolution 242 doesn't mention the word "Palestinian" anywhere. Nowhere does the resolution call on Israel to withdraw to the pre-Six-Day War lines. Nowhere does it stipulate that Judea and Samaria should be free of Jews.
None of the recent U.S. moves undermine peace. They simply clarify the contours of a realistic deal. Israel has done everything it can to allow responsible Arab self-governance. As Pompeo clearly states, final-status negotiations between Israel and the Palestinians will be predicated no longer on a fantasy of "occupation" but rather on the reality of disputed land.
US Secretary of State Mike Pompeo’s dramatic announcement on Monday that the “establishment of Israeli civilian settlements in the West Bank is not per se inconsistent with international law” sent shockwaves around the world. In retrospect, however, it shouldn’t have come as such a surprise.
Since his election three years ago, US President Donald Trump has been consistent in his efforts to reverse the policies of the administration of his predecessor, Barack Obama. Not only in relation to Israel. But his pro-Israel stance has been steady and unapologetic from the get-go, which is as it should be.
Indeed, each of his decisions – such as recognizing Jerusalem as the capital of Israel and moving the embassy accordingly, defunding the Palestinian “pay for slay” machine and acknowledging Israeli sovereignty over the Golan Heights – has been geared towards cementing the natural US -Israel relationship in a healthy way. Every action that his administration has taken stems from the understanding that the so-called “Israeli-Palestinian peace process” has failed repeatedly – not only as a result of being based on a false premise, but of following the same old paradigm.
Team Trump has been engaging in what the high-tech sector refers to as “disruption.”
Its shift in settlement policy is part of the program. As Pompeo pointed out, calling settlements illegal “hasn’t worked. It hasn’t advanced the cause of peace.”
That’s for sure.
Fittingly, Washington’s latest bombshell came on the heels of a horrifying European Court of Justice ruling that all EU countries must label goods produced in Israeli settlements, so as to enable consumers to make “informed choices” – a euphemism for giving shoppers a heads-up over which “made in Israel” merchandise they should boycott.
[T]he Israeli armed forces entered Gaza, the West Bank, Sinai and the Golan Heights in June 1967, in the course of an armed conflict. Those areas had not previously been part of Israel's sovereign territory nor otherwise under its administration. By reason of such entry of its armed forces, Israel established control and began to exercise authority over these territories; and under international law, Israel became a belligerent occupant of these territories.
...'In positive terms, and broadly stated, the Occupant's powers are (1) to continue orderly government, (2) to exercise control over and utilize the resources of the country so far as necessary for that purpose and to meet his own military needs. He may thus, under the latter head, apply its resources to his own military objects, claim services from the inhabitants, use, requisition, seize or destroy their property, within the limits of what is required for the army of occupation and the needs of the local population.But beyond the limits of quality, quantum and duration thus implied, the Occupant's acts will not have legal effect, although they may in fact be unchallengeable until the territory is liberated. He is not entitled to treat the country as his own territory or its inhabitants as his own subjects..., and over a wide range of public property, he can confer rights only as against himself, and within his own limited period of de facto rule.' J. Stone, Legal Controls of International Conflict, 697 (1959).'
It has been shown in Chapters 3 and 7 that there are solid grounds in international law for denying any sovereign title to Jordan in the West Bank, and therefore any rights as reversioner state under the law of belligerent occupation.
The grounds on which Israel might now or in the future claim to have such tide have also there been canvassed. The initial point that arises under Article 49(6) of Geneva Convention IV of 1949 is more specific. Not only does Jordan lack any legal title to the territories concerned, but the Convention itself does not by its terms apply to these territories. For, under Article 2, that Convention applies "to cases of ... occupation of the territory of a High Contracting Party," by another such Party. Insofar as the West Bank at present held by Israel does not belong to any other State, the Convention would not seem to apply to it at all. This is a technical, though rather decisive, legal point.
Article 49 of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, 12 August 1949, 6 UST 3516, provides, in paragraph 6:
'The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies'.Paragraph 6 appears to apply by its terms to any transfer by an occupying power of parts of its civilian population, whatever the objective and whether involuntary or voluntary. [Footnote: Paragraph 1 of article 49 prohibits "forcible" transfers of protected persons out of the occupied territory; paragraph 6 is not so limited.]
It seems clearly to reach such involvements of the occupying power as determining the location of the settlements, making land available and financing of settlements, as well as other kinds of assistance and participation in their creation. And the paragraph appears applicable whether or not harm is done by a particular transfer.
The language and history of the provision lead to the conclusion that transfers of a belligerent occupant's civilian population into occupied territory are broadly proscribed as beyond the scope of interim military administration.
Another view of paragraph 6 is that it is directed against mass population transfers such as occurred in World War II for political, racial or colonization ends; but there is no apparent support or reason for limiting its application to such cases.
It is clear that in its drafting history, Article 49 as a whole was directed against the heinous practice of the Nazi regime during the Nazi occupation of Europe in World War II, of forcibly transporting populations of which it wished to rid itself, into or out of occupied territories for the purpose of "liquidating" them with minimum disturbance of its metropolitan territory, or to provide slave labor or for other inhumane purposes. The genocidal objectives, of which Article 49 was concerned to prevent future repetitions against other peoples, were in part conceived by the Nazi authorities as a means of ridding the Nazi occupant's metropolitan territory of Jews—of making it, in Nazi terms, judenrein. Such practices were, of course, prominent among the offenses tried by war crimes tribunals after World War II. ...
...Article 49, paragraph 6, uses similar language, though with significant differences, forbidding the occupying power to "deport or transfer parts of its own civilian population into the territory it occupies." Notably, paragraph 6 does not include the peremptory clause "regardless of motive," so that the spirit of its provision, as well as the letter, requires attention. Dr. Pictet's commentary acknowledges "some hesitation" and some doubts in the drafting as to its relation to the above main preoccupation of Article 49. He observes, "It is intended to prevent a practice adopted during the Second World War by certain Powers, which transferred portions of their own population to occupied territory for political and racial reasons or in order, as they claimed, to colonize those territories. Such transfers worsened the economic situation of the native population and endangered their separate existence as a race."
It is clear that historically the victims of the terrible abuses that Dr. Pictet, as well as this writer, regards as a key to interpreting paragraph 1, included many thousands who were nationals of the Nazi occupying power in Nazi metropolitan territory, and who were deported (e.g., to Poland). Many of these, for example the Jews, had shortly before the relevant time been deprived of German nationality, presumably in order to expose them more easily to arbitrary action.
If and insofar, therefore, as Israel's position in Judea and Samaria (the West Bank) is merely that of an occupying power, Article 49 would forbid "deportation" or "transfer" of its own population onto the West Bank whenever this action has the consequence of serving as a means of either (1) impairment of the economic situation or racial integrity of the native population of the occupied territory; or (2) inhuman treatment of its own population.
Impairment of Racial Integrity of the Native Population of the Occupied Territory. ...Despite vociferous political warfare pronouncements on both sides, it seems clear, therefore, that no serious dilution (much less extinction) of the "separate racial existence" of the native population has either taken place or is in prospect. Nor do well-known facts of dramatic improvement in the "economic situation" of the inhabitants since 1967 permit any suggestion that that situation has been worsened or impaired.
Insofar, moreover, as these or future settlements are merely directed to the requirements of military security in the occupied territory they do not violate either the spirit or the letter of this aspect of Article 49. And they also conform, as the preceding discourse has shown, to the general requirements of customary international law, embracing the relevant provisions of the Fourth Hague Convention of 1907, and its annexed regulations.
Inhuman Treatment of the Occupant State's Own Population. The second aim of the prohibition in Article 49(6) was, as has been seen, to protect the inhabitants of the occupant's own metropolitan territory from genocidal and other inhuman acts of the occupant's government. That this was part of, if not the main intention of Article 49(6) seems clear from the use of the term "deport," which clearly refers to a coerced movement of its population. The addition of the term "or transfer" does not alter this import. ...the word "transfer" in itself implies that the movement is not voluntary on the part of the persons concerned, but a magisterial act of the state concerned.
As contrasted with this main evil at which Article 49 was aimed, the diversion of the meaning of paragraph 6 to justify prohibition of the voluntary settlement of Jews in Judea and Samaria (the West Bank) carries an irony bordering on the absurd. Ignoring the overall purpose of Article 49, which would inter alia protect the population of the state of Israel from being removed against their will into the occupied territory, it is now sought to be interpreted so as to impose on the Israel government a duty to prevent any Jewish individual from voluntarily taking up residence in that area. For not even the most blinkered adversary of Israel could suggest that the individual Jews are being in some way forced to settle in Judea and Samaria (the West Bank)! The issue is rather whether the government of Israel has any obligation under international law to use force to prevent the voluntary (often the fanatically voluntary) movement of these individuals.
On that issue, the terms of Article 49(6), however they are interpreted, are submitted to be totally irrelevant. To render them relevant, we would have to say that the effect of Article 49(6) is to impose an obligation on the state of Israel to ensure (by force if necessary) that these areas, despite their millennial association with Jewish life, shall be forever judenrein. Irony would thus be pushed to the absurdity of claiming that Article 49(6), designed to prevent repetition of Nazi-type genocidal policies of rendering Nazi metropolitan territories judenrein, has now come to mean that Judea and Samaria (the West Bank) must be made judenrein and must be so maintained, if necessary by the use of force by the government of Israel against its own inhabitants.
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