The Meaning of Occupation
Similarly, the fact that Judea and Samaria have always been considered by Jews to be part of their patrimony of the Land of Israel; or that they were an undisputed part of the territory promised to the Jewish people as its “national home” by the 1917 Balfour Declaration, subsequently ratified by the League of Nations; or that the 1949 armistice line between Israel and Jordan, drawn at the end of Israel’s War of Independence, was never recognized by Jordan as more than a makeshift demarcation that would be erased by Israel’s destruction; or that it was Jordan that started the 1967 fighting; or that the UN’s post-1967 resolution 242 did not require Israel to withdraw from all of the West Bank; or that Jordan ceded its claim to the area to the Palestine Liberation Organization in 1988; or that many of the administrative powers there have been delegated by Israel to the Palestinian Authority (PA); or that the PA itself has not taken the kind of steps that might enable the “Occupation” to end—all of this, though true, doesn’t change the letter of the law.NGO Monitor Analysis: 41st Session of the UN Human Rights Council
Indeed, starting with 1967, Israel itself repeatedly invoked the Fourth Geneva Convention as a legitimation of its presence in Judea and Samaria, and Israel’s High Court of Justice has accepted this as the basis for various rulings on Israel’s actions there. This was a convenient position for Israeli governments to take. On the one hand, it made it easier for Europe and the United States to accept Israeli control over the West Bank while objecting to some of its features, such as the settlements. On the other hand, it served as an excuse for government after government in Jerusalem to put off making politically difficult decisions about the ultimate disposition of Judea and Samaria by postponing those decisions to a theoretical day when a peace settlement could be negotiated with the Palestinians and the Arab world.
But how long can a “temporary” occupation last? The French and Belgian occupation of the Rhineland after World War I lasted twelve years. The British occupation of Iceland during World War II lasted five years. The postwar U.S. occupation of Japan lasted seven. So did the Allied occupation of Germany. The Israeli “occupation” of Judea and Samaria has lasted 52 years. This strikes the world, not entirely unreasonably, as a perversion of the concept and contributes to giving “the Occupation” its bad name.
It is interesting to compare Israel with some other countries in this respect. India, when it took possession of Kashmir in its 1948 war with Pakistan, didn’t invoke the Fourth Geneva Convention or claim to be “occupying” the territory it conquered. Nor did the Turks in invading Cyprus in 1974 or the Russians in Crimea. All behaved according to the right of conquest. Although all have been or are accused of human-rights violations in these areas, none is today cowering in fear of the wheels of international justice. Nor can they be charged, as Israel repeatedly has been, with hypocritically violating the Fourth Geneva Convention’s provisions, which they never agreed to apply.
Perhaps it is indeed time to begin to “end the Occupation”—not by Israel’s acceding to the demand that it engage in an impossible and undesirable withdrawal from all of Judea and Samaria as demanded by its enemies (with whom IfNotNow needs to be classed) but by its confronting the need to decide, or at least seriously and openly to debate, the area’s permanent future in a way that its governments have avoided doing until now. A 52-year-old occupation, whatever its excuses, is indeed a bit too long.
The 41st Session of the UN Human Rights Council (UNHRC) (June 24 – July 12) continued the bias and hypocrisy that has come to define the UN in general and the UNHRC in particular. NGO Monitor was present, speaking before the Council and documenting the numerous false accusations made by self-proclaimed human rights non-governmental organizations (NGOs).
The statements made during the session and side events by NGO officials, many of which receive large portions of their funding from European governments, are summarized below, highlighting the inflammatory and false allegations.
Item 7
UNHRC Permanent Agenda Item 7, purporting to address Israeli human rights violations, is the only permanent agenda item targeting a single country. Numerous Western countries democracies boycott this agenda item because of this discrimination.
In contrast, NGOs used Item 7 as a platform to promote demonization and BDS. In particular, Human Rights Watch (HRW), Defense for Children International (DCI), and Palestinian groups reinforced and echoed the rhetoric of the “vital importance of item 7” promoted by the dictatorships on the Council.
For example, HRW called for the UN High Commissioner for Human Rights to publish the discriminatory database of companies doing business over the 1949 Armistice line, which is being prepared by the Council’s bureaucratic arm – the Office of the High Commissioner for Human Rights. The purpose of the list is to bolster BDS campaigns against Israel. HRW also delegitimized the concerns raised by Western countries regarding Item 7.
DCI read a statement prepared by the Popular Front for the Liberation of Palestine (PFLP)-linked Defense for Children International – Palestine (DCI-P), calling on the UN to include the IDF on the UN Secretary-General’s list of the worst violators of children’s rights. Offenders currently on the list include Boko Haram, Al Qaeda, and ISIS. (See NGO Monitor’s report “UNICEF and its NGO Working Group” for more on this campaign).
Finally, Palestinian NGOs BADIL and Al-Haq claimed that Israel is preventing Palestinians from adapting to climate change.
Nikki Haley Blasts UN Council for Condemning Israel’s Record on Women’s Rights
Former US Ambassador to the UN Nikki Haley blasted a UN council on Thursday for singling out Israel for alleged violations of women’s rights.
The UN Economic and Social Council resolution was approved by a 40-2 margin, with nine abstentions. Among the countries voting yes were Iran, Saudi Arabia, Yemen and Pakistan, all notorious for often misogynistic policies and denying basic rights to females.
“It amazes me how the U.N. condones votes like these,” Haley tweeted. “It is a total mockery of human rights to allow Saudi Arabia, Iran, Pakistan, and Yemen to name Israel as the world’s only violator of women’s rights.”
Much of the resolution — which only the US and Canada voted against — did not deal with women’s rights at all, but rather parroted generic anti-Israel rhetoric, accusing the Jewish state of numerous crimes and alleged violations of human rights.
One clause, however, “[r]eaffirms that the Israeli occupation remains a major obstacle for Palestinian women and girls with regard to the fulfilment of their rights, and their advancement, self-reliance and integration in the development of their society.”
LEFT: Morris Abram, civil rights leader & founder of UN Watch, member of UNHRC sub-commission, 1964.
— Hillel Neuer (@HillelNeuer) July 25, 2019
RIGHT: Jean Ziegler, founder of the Moammar Qaddafi Human Rights Prize, member of same body (now called UNHRC Advisory Committee), in session this week.https://t.co/uVAjFGI8Jv pic.twitter.com/uMNUlM5L3I