Monday, September 26, 2016

Does Israel Occupy the West Bank : A legal assessment including the legality of EU labeling requirements

Image result for West Bank with Jewish Settlements
Does Israel Occupy the West Bank : A legal assessment including the legality of  EU labeling requirements

In politics, words matter, and, unfortunately, the misuse of words applying to the Arab-Israeli conflict has shaped perceptions to Israel’s disadvantage. As in the case of the term “West Bank,” the word “occupation” has been hijacked by those who wish to paint Israel in the harshest possible light. It also gives apologists an excuse to describe terrorism as “resistance to occupation,” as if the women and children killed by suicide bombers in buses, pizzerias, and shopping malls were responsible for the plight of the Palestinians.

Given the negative connotation of an “occupier,” it is not surprising that Israel’s detractors use the word, or some variation, as many times as possible in their propaganda and when interviewed by the press. The more accurate description of the territories in Judea and Samaria, however, is “disputed” territories.

Nonetheless, the European Union has fallen for the propaganda and accepted the fallacious terminology. In July 2013, the EU published guidelines severely limiting interaction with Israeli entities beyond the pre-1967 lines. The new rules enforce the union’s “long-held position that bilateral agreements with Israel do not cover the territory that came under Israel’s administration in June 1967.” This means the EU has banned funding and cooperation with Israeli institutions that operate beyond the “Green Line.

In 2015, the EU imposed additional punitive measures against Israel by recommending that all goods originating from the disputed territories carry a label indicating they were from an “Israeli settlement.” Goods from other disputed territories around the world do not require labeling; thus, Israel is singled out for special treatment reminiscent of the Nazi boycott against Jews inGermany.

The EU action also undermines the prospect for a negotiated peace by giving the Palestinians the false hope that the international community will pressure Israel to make concessions without the Palestinians having to negotiate or compromise.

The hypocrisy of critics of Israel’s administration of the West Bank is compounded by the fact that other disputed territories around the world are not referred to as being occupied by the party that controls them. This is true, for example, of the hotly contested regions of Kashmir, Cyprus, and Tibet. Yet rarely does the international community make a fuss over these territories.781

Occupation typically refers to foreign control of an area that was under the previous sovereignty of another state. In the case of the West Bank, there was no legitimate sovereign because the territory had been illegally occupied by Jordan from 1948 to 1967. Only two countries - Britainand Pakistan - recognized Jordan’s action. The Palestinians never demanded an end to Jordanian occupation and the creation of a Palestinian state.
“For a Texan, a first visit to Israel is an eye-opener. At the narrowest point, it's only 8 miles from the Mediterranean to the old Armistice line: That's less than from the top to the bottom of Dallas-Ft. Worth Airport. The whole of pre-1967 Israel is only about six times the size of the King Ranch near Corpus Christi.”
- President George W. Bush


It is also necessary to distinguish the acquisition of territory in a war of conquest as opposed to a war of self-defense. A nation that attacks another and then retains the territory it conquers is an occupier. One that gains territory in the course of defending itself is not in the same category. This is the situation with Israel, which specifically told King Hussein that if Jordan stayed out of the 1967 War, Israel would not fight against him. Hussein ignored the warning and attacked Israel. While fending off the assault, and driving out the invading Jordanian troops, Israel came to control the West Bank.

By rejecting Arab demands that Israel be required to withdraw from all the territories won in 1967, UN Security Council Resolution 242 acknowledged that Israel was entitled to claim at least part of these lands for new defensible borders.

Since Oslo, the case for tagging Israel as an occupying power has been further weakened by the fact that Israel transferred virtually all civilian authority in the West Bank to the Palestinian Authority. Israel retained the power to control its own external security and that of its citizens, but 98 percent of the Palestinian population in the West Bank, and 100 percent in Gaza, came under the PA’s authority.

The extent to which Israel has been forced to maintain a military presence in the territories has been governed by the Palestinians’ unwillingness to end violence against Israel. The only way to resolve the dispute over the territories is for the Palestinians to negotiate a final settlement. Until now, the intransigence of the Palestinian Authority’s leadership has prevented the resumption of peace talks, which offer the only route to an agreement that will lead to a sustainable future for Israelis and Palestinians alike.

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