Don’t legalize the illegal

2019 11 21
Israeli settlers clash with Israel Police in West Bank settlement of Yitzhar, Nov 10, 2019. (photo: Hillel Mier / TPS)
International law has determined that the West Bank is governed as a territory captured in war, which makes it defined as a “belligerent occupation.”

By Gershon Baskin | The Jerusalem Post | Nov 20, 2019

The continuation of the settlement enterprise is Israel’s clearest expression that it is not willing to make peace with the Palestinians in any kind of equitable fashion.

I have some news for US President Donald Trump, and he may not like it, but here it is: Donald Trump is not the point of reference regarding international law. No unilateral declaration of the president or secretary of state of the United States of America can legalize the illegal Israeli settlements in the West Bank. The Israeli settlements are not only illegal under international law, they have been and will continue to be one of the main obstacles to reaching a two-state solution to the Israeli-Palestinian conflict.

It should be no surprise to anyone, but since at least 1977, when the Likud first came to power, Israeli governments have consistently stated that one of the main purposes of the Israeli settlements in the West Bank, especially those in the heartland of the West Bank along the central mountain ridge, is to prevent the creation of a Palestinian state. From that perspective, the Israeli settlement enterprise has been extraordinarily successful.
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UN Security Council rebukes US on Israel settlements

The UN Security Council holds a meeting on the Middle East, including the Palestinian question, Wed, Nov 20, 2019, at United Nations headquarters. (photo: Mary Altaffer / AP)
“If we abandon international law, it will be the law of the jungle.”

By Edith Lederer | AP | Nov 20, 2019

‘Israeli settlement activities are illegal, erode the viability of the two-state solution and undermine the prospect for a just, lasting and comprehensive peace.’
— Joint statement from the 10 non-permanent Security Council members

In a sharp rebuke to the Trump administration, the 14 other U.N. Security Council members on Wednesday strongly opposed the U.S. announcement that it no longer considers Israeli settlements to be a violation of international law.

They warned that the new American policy undermines a two-state solution to the Israeli-Palestinian conflict.

The council’s monthly Mideast meeting, just two days after U.S. Secretary of State Mike Pompeo’s announcement, was dominated by negative reaction to the new American policy from countries representing all regions of the world who said all Israeli settlements are illegal under international law. Continue reading “UN Security Council rebukes US on Israel settlements”

The latest shot in the Trump administration’s war on Palestinian rights

Secretary of State Mike Pompeo delivers a statement on Israeli settlements in the West Bank during a news briefing in Washington on Monday. (photo: Yara Nardi / Reuters)
The administration has neither the right nor the agency to rewrite international law to suit its own biases and ideologies. Endorsing the results of crimes, such as the construction of settlements, amounts to complicity. It is unacceptable and unconscionable.

By Hanan Ashrawi | The Washington Post | Nov 20, 2019

Thousands of acres of private Palestinian land have been stolen or destroyed in order to make way for settlements and the roads and infrastructure that connect them. The regime has de facto control over nearly 60 percent of the occupied West Bank, and has separated Palestinian families from each other and Palestinian farmers from their land. Entire communities have been imprisoned behind a matrix of walls and Israeli-only roads, military bases and checkpoints.

On Monday, in a move that reversed more than 40 years of U.S. policy, Secretary of State Mike Pompeo announced that the Trump administration does not consider Israeli settlements built on occupied Palestinian land to be illegal. This latest gift from the Trump administration to the Israeli right is inconsistent with international law, United Nations resolutions and positions adopted by the rest of the international community. Although it has no legal validity, the decision undermines the most fundamental precepts of international law, including the inadmissibility of acquiring territory by force. This will undoubtedly have far-reaching and global consequences.

Pompeo’s reckless announcement threatens to normalize and encourage Israeli war crimes and expansionism, while emboldening other states with expansionist agendas to take steps that would further unravel the world order. It is an overt green light for Israeli annexation of Palestinian territory and the permanent denial of the Palestinian people’s rights to freedom and self-determination.

The issue of settlements is not some abstract or theoretical legal argument. Israel’s illegal settlement regime has had dire consequences on the lives and livelihoods of millions of Palestinians. It is the single greatest obstacle to the realization of the two-state formula, which has been the centerpiece of international peacemaking efforts — however feeble — for decades.

Continue reading “The latest shot in the Trump administration’s war on Palestinian rights”

Israel’s growing settlements force stark choices about its future

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(Graphic: The Economist)
The country cannot remain Jewish and democratic while controlling the entire Holy Land.

By Staff | The Economist | Feb 2, 2019

As Palestinians lose hope for a state of their own, some favor a ‘one-state’ deal: a single state on all the land with equal rights for Jews and Arabs. Israel would have to give up its predominantly Jewish identity. That is because, between the Mediterranean and the Jordan river, the overall number of Arabs has caught up with that of Jews, and may soon exceed them.

Israeli-Palestinian peace talks are frozen. President Donald Trump’s plan for the “deal of the century” has been put off. The subject is absent in campaigning for the Israeli election in April, which focuses on looming corruption charges against Binyamin Netanyahu, the prime minister.

The Oslo accords of 1993 created a crazy quilt of autonomous zones in the lands that Israel captured in 1967. They also kindled the hope of creating a Palestinian state in most of the West Bank and Gaza Strip, with its capital in East Jerusalem. After much bloodshed, though, most Israelis are wary of this “two-state solution.” Today Palestinians are mostly shut off by security barriers, and divided. The Palestinian Authority in the West Bank refuses to negotiate with Israel but co-operates on security. Its Islamist rival, Hamas, which runs Gaza, dares not risk another war, for now.

Besides, the growth of Jewish settlements makes a two-state deal ever harder. Establishing a Palestinian state would probably require the removal of settlers in its territory. Israel had trouble enough evicting 8,000 Jews from Gaza in 2005. There are more than fifty times as many in the West Bank. Even excluding East Jerusalem, annexed by Israel, the number of Jews east of the “green line” (the pre-1967 border) has risen from 110,000 in 1993 to 425,000. New home approvals nearly quadrupled from 5,000 in 2015–16 to 19,000 in 2017–18, according to Peace Now, a pressure group.

Continue reading “Israel’s growing settlements force stark choices about its future”

US says West Bank settlements do not violate international law

Secretary of State Mike Pompeo speaks at a news conference at the State Department in Washington, DC, Nov 18, 2019. (photo: Andrew Harnik / AP)
More than 700,000 Israeli settlers have taken up residence in the West Bank and East Jerusalem since the 1967 war. Both areas are historic Palestinian territories currently under Israeli military occupation.

By Karen DeYoung, Steve Hendrix and John Hudson | The Washington Post | Nov 18, 2019

‘The timing of this was not tied to anything that had to do with domestic politics anywhere. We conducted our review, and this was the appropriate time to bring it forward.’
— Secretary of State Mike Pompeo

Secretary of State Mike Pompeo said Monday that the Trump administration had determined that Israel’s West Bank settlements do not violate international law, a decision he said had “increased the likelihood” of a Middle East peace settlement.

Pompeo said the Trump administration, as it did with recognition of Jerusalem as the Israeli capital and Israel’s sovereignty over the disputed Golan Heights, had simply “recognized the reality on the ground.”

The move upends more than 40 years of U.S. policy that has declared Israeli expansion into territories occupied since the 1967 war a major obstacle to settling the Israeli-Palestinian conflict.

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The Arab world needs to move beyond the liberation of Palestine

A Palestinian demonstrator covers her face with the colors of the Palestinian flag during clashes with Israeli security forces following a protest on the Gaza-Israel border, Apr 6, 2018. (photo: Mohammed Abed / AFP)

Israel is going nowhere, and we in the Arab world have to deal with it. That means offering Israelis prosperity, security and friendship; all Israel needs to do is overcome their prejudices and give Palestinians their rights.

By Khalaf Al Habtoor | Haaretz | Jun 4, 2018


Israelis and Palestinians should revolt against the useless old leadership and outdated playbooks keeping them on different sides of the fence. Tear down those figurative and material walls. People power could be a game changer. The men in suits bent on consolidating power have let you down. Peace engendered by the very people who have the most to gain (and to lose) could work where all else has failed.


For the people caught in the enduring Israeli-Palestinian conflict, their own leaders and Western intermediaries have failed.

Summits, conferences, accords and a roadmap going nowhere have been a waste of time and effort. Earlier attempts at finding solutions brokered by US presidents Jimmy Carter and Bill Clinton were genuine — but were stymied. Those that followed were either fig leaves or half-hearted.

Today, there is not only “nothing on the table,” there is no table. When Israeli Prime Minister Benjamin Netanyahu announced there would never be a Palestinian state on his watch — a statement he later retracted for international consumption — he meant every word. Just days ago, his government announced it would consider approving the construction of 2,000 more settler homes on the West Bank.

And, quite frankly, I am beginning to think President Donald Trump’s blueprint for peace is a figment of his imagination.

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Trump’s embassy move has triggered deadly protests — these maps explain why

Settlers’ rapidly growing presence in East Jerusalem, along with Monday’s embassy move, indicate that while Trump may still float the possibility of a “two-state solution,” his actions are pointing into the opposite direction.

By Rick Noack | The Washington Post | May 14, 2018


In this article:

  • Why do so many countries refuse to recognize Jerusalem as Israel’s capital?
  • So, is it only about Jerusalem?
  • Why is a “two-state solution” so difficult to facilitate?

Israel is bracing for a tense week as the U.S. Embassy officially opens in Jerusalem on Monday — a move that has triggered fierce protests by Palestinians. Protests turned violent in Gaza, where dozens of Palestinians were killed by Israeli soldiers in clashes along the border fence Monday, according to the Health Ministry in Gaza, making it the bloodiest day of demonstrations in the past six weeks of protests.

Overall, more than 80 Palestinians have been killed by Israeli soldiers and almost 4,000 have been injured since President Trump announced the embassy move early in December.

Observers of the conflict had already predicted the tensions when Trump recognized Jerusalem as Israel’s capital and announced the move. At the time, the decision was branded “dangerous,” “catastrophic,” “irresponsible” and being “against international law” by countries usually considered U.S. allies, including France, Germany and Saudi Arabia.

Continue reading “Trump’s embassy move has triggered deadly protests — these maps explain why”

EU warns viability of Palestine is being “constantly eroded”

European Union foreign policy chief Federica Mogherini, left, greets Saudi Arabia’s Foreign Minister Adel al-Jubeir after a meeting of EU foreign ministers  in Brussels on Feb 26, 2018. (photo: Virginia Mayo / AP)

In Saudi Arabia, foreign policy chief Federica Mogherini says Europeans and Arabs share common interest in Jerusalem.

By Raphael Ahren | The Times of Israel | Apr 16, 2018


“As Europeans and Arabs we share in particular an interest in preserving the unique status of our common Holy City, Jerusalem. And you know, you can always count on us Europeans to reiterate our belief that the only viable solution is the two-state solution, with East Jerusalem as the capital of the State of Palestine.”
— EU foreign policy chief Federica Mogherini


The prospects for the creation of a Palestinian state are “being constantly eroded,” the European Union’s foreign policy chief Federica Mogherini warned on Sunday, vowing that the EU would never cease its support for a two-state solution that would see East Jerusalem became the capital of Palestine.

At the Arab League’s annual summit in Dahran, Saudi Arabia, she also vowed to work toward “preserving the unique status of our common Holy City, Jerusalem.”

“The situation on the ground is getting worse and worse. Tensions are high on the border between Israel and Gaza,” Mogherini said. “The viability of a State of Palestine — including Gaza, the West Bank and East Jerusalem — is being constantly eroded.”

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Tough on Iran, critical of “Palestine”: meet John Bolton, Trump’s new National Security Adviser

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Former US Ambassador to the UN John Bolton, Dec 2, 2016. (photo: Mike Segar/ Reuters)

“The two-state solution is dead,” Bolton once wrote, claiming that Gaza should be given to Egypt and the West Bank to Jordan.

By Haaretz | Mar 23, 2018


“Just as a matter of empirical reality, the two-state solution is dead. . . . As long as Washington’s diplomatic objective is the ‘two-state solution’ — Israel and ‘Palestine’ — the fundamental contradiction between this aspiration and the reality on the ground will ensure it never comes into being.”
— John Bolton, newly-appointed US National Security Advisor


John Bolton, who served as UN ambassador under President George W. Bush and was tapped Thursday to become Donald Trump’s national security adviser, has a long history of tough rhetoric against Iran and the Palestinians.

A vocal critic of the Obama administration, Bolton is strongly opposed to the Iran nuclear deal and is a known opponent of a two-state solution to the Israeli-Palestinian conflict. Like Trump, he supported the invasion of Iraq in 2003. He has also sounded a tough line on negotiations with North Korea.

Continue reading “Tough on Iran, critical of “Palestine”: meet John Bolton, Trump’s new National Security Adviser”

Confederation: The one possible Israel-Palestine solution

TO GO WITH AFP STORY BY CHARLES LEVINSON
Palestinian boys playing soccer against the backdrop of the Israeli separation barrier that bisects their school playground in East Jerusalem, 2006. (photo: AWAD / AFP / Getty Images)

Talk of confederation sounds wistful in the current environment, but any talk of peace does. What’s really naïve is to suppose that only bad faith or ideological fanaticism has caused the two-state solution to fall into disrepute.

By Bernard Avishai | The New York Review of Books | Feb 2, 2018


The justification for the two-state solution is rooted, after all, in two persistent truths: first, that two separate national communities, each with a different language, historical grievance, sense of identity in the wider world, and dominant religious culture, have been squeezed by tragic events into a single small space. . . . Second, that a majority on each side prefers some form of compromise to a fight to the finish. . . . [But] moderate majorities “increasingly doubt its viability,” largely because they have grown jaded regarding the intentions of the other side, not because, in principle, they refuse the compromises two states would entail.


“The two-state solution is over,” Palestinian negotiator Saeb Erekat told reporters, responding to Donald Trump’s recognition of Jerusalem as Israel’s capital. “Now is the time to transform the struggle for one state with equal rights for everyone living in historic Palestine, from the river to the sea.” As The New York Times subsequently reported, Erekat is hardly alone. The “over”-ness of “two states” — albeit with radical disagreements about the character of a hypothetical single state — has been claimed by ideological zealots, severe liberals, and exasperated peacemakers alike.

On the Palestinian side, one hears about the almost 700,000 Israeli settlers’ making annexation an established fact; on the Israeli side, about preventing recalcitrant Palestinian terrorists from firing missiles at Ben-Gurion Airport. For those of us living in Jerusalem, just speaking of two states, implying two capitals — but also, vaguely, some redivision of the city — invites skeptical, or pitying, stares from most Jews, as well as from Arabs, over a thousand of whom applied for Israeli citizenship in 2016.

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