Eli E. Hertz, MYTHS AND FACTS
Calls for a freeze on Jewish construction in disputed Territories – while Arab construction, which far exceeds Jewish development, continues unfettered – are clearly biased.
Arabs claim that Jewish settlements “change the status” of the Territories and represent a distortion of the Oslo Accords. The phrase applies to acts that change the political status of the disputed territory – such as outright Israeli annexation or a Palestinian declaration of statehood. Since Jewish settlements are legal, any halt in construction should be reciprocated.
The Oslo Accords do not forbid Israeli or Arab settlement activity. Charges that further Jewish settlement activity preempts final negotiations by establishing realities, requires reciprocity. If the West Bank and Gaza were de jure part of the British Mandate, and if the Mandate borders are the last legal document concerning this territory; and if Jews were forcibly expelled from the West Bank and Gaza in 1948 during a war of aggression aimed at them?hen these Territories must be considered disputed Territories, at the least.
The Israeli-Palestinian border dispute is like every other major and minor boundary dispute around the globe. Since the West Bank and Gaza were redeemed in 1967 in a defensive war and are not “Occupied Territories” gained illegally by a bellicose power; and since this fact is recognized in the wording of UN Resolutions 242 and 338 that call for a settlement to institute “secure and recognized borders,” calling for a construction freeze on Jewish settlements should, logically, be paralleled by a freeze on Arab construction in the West Bank.
According to a former policy planning official, the tempo of Arab construction is “more than 10 times the number of buildings under construction [in the Territories] than those approved [by the Israeli government] for the [Jewish] settlers.”
The Oslo II Agreement recognizes de facto the special status and security needs of Jewish communities in the West Bank.
The agreement regulates the relationship between Palestinians and Israelis by establishing three types of administration: full Palestinian self-rule in totally Arab areas (Area A); Israeli civil and military control in totally Jewish areas (Area C); and civil Palestinian self-rule and Israeli military control in intermediate areas (Area B). The final status remains to be established, which is why “Legally Held Disputed Territories” represents the appropriate and accurate term.
Rather than negotiate a settlement, as agreed to in September 1993, Palestinians elect to break their commitment and to intensify the use of terrorism as a political vehicle in a low-tech war of aggression.
The status issue has been co-opted and warped by the Palestinians in an attempt to curtail Jewish settlement. Neither the 1993 “Oslo I” (the Declaration of Principles) nor the 1995 Oslo II (Interim Agreement) stipulate that the construction of settlements, neighborhoods, houses, roads or other building projects cease – pending a peacefully negotiated final settlement between the parties. According to a former policy planning official, the pace of Arab construction is “more than 10 times the number of buildings under construction [in the Territories] than those approved [by the Israeli government] for the [Jewish] settlers.” Calls for a freeze on Jewish construction in the Territories – while Arab construction continues unfettered, are unfair – all the more so, in light of the fact that Jews were forcibly expelled from these Territories in 1948.
Legalities aside, before 1967 there were no Jewish settlements in the West Bank and for the first ten years of so-called “occupation” there were almost no Jewish settlers in the West Bank. And still there was no peace with the Palestinian Arabs. The notion that Jewish communities pose an obstacle to peace is a red herring designed to blame Israel for lack of progress in the Peace Process and enable Palestinian leadership to continue to reject any form of compromise and reconciliation.
Because the Arabs were clearly the aggressors, nowhere in UN Security Council Resolutions 242 or 338 – the cornerstones of a peace settlement – is Israel branded as an invader or occupier of the Territories and there is no call for Israel to withdraw from all the Territories. Palestinians allegations that the wording of 242 was “deliberately ambiguous” or misconstrued are unfounded.
Professor, Judge Schwebel, a former president of the International Court of Justice, wrote in What Weight to Conquest:
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“Where the prior holder of territory [Jordan] had seized that territory unlawfully; the state which subsequently takes that territory in the lawful exercise of self-defense [Israel] has against that prior holder [a] better title.
“As between Israel, acting defensively in 1948 and 1967, on the one hand, and her Arab neighbors, acting aggressively, in 1948 and 1967, on the other, Israel has the better title in the territory of what was Palestine, including the whole of Jerusalem.”
The world should take notice: Arab illegal aggression against the territorial integrity and political independence of Israel cannot and should not be reworded.
Ted can speak for himself. I don’t believe a word of what you say I believe – just the opposite. What about stalemating bogus “talks” with demands for pre-conditions, using the Sri Lankan solution on Gaza and the West Bank and returning Iran to its pre-Persian civilization at the next opportunity are you finding so hard to understand?
That bell was rung long ago and you cannot unring a bell.
They haven’t done so for 63 years, the founding charters of their controlling militant organizations, Hamas, Hezbollah and Islamic Jihad, preclude this, their distorted reading of the Qu’ran precludes this, and none of their leaders who wants to live will dare comply.
The original Diogenes went around in a barrel holding up the light of truth: this “Diogenes” seems to have his head in a barrel, using a dark lantern of falsehoods. I saw Maalei Adumim when it was just an outpost – there was nothing there but howling wilderness. Israel has stolen nothing. The “settlements” are built on state land and Israel is the state, now that Jordan has accepted that it has no claim to the territories.
Professor Schwebel is absolutely correct.
Yamit, some of what you say I agree with (Israel should have annexed it all in ’67–I think many of the Palestinians would have left forthwith at that point also, meaning many of today’s issues would be mute), but I strongly agree with what American Eagle said, about any agreement being based on the acceptance of Israel as a Jewish state (which does not mean people of other religions wouldn’t have freedom of religion in Israel). Didn’t Netanyahu just recently state this? Do I remember correctly?
Those facts you cite, are what has exacerbated and extended our conflict with the Arabs so long with little positive to show for Israel.
You among others such as Ted believe in the necessity at some point to compromise further to attain an agreement as opposed to attaining peace. At best the territories and Golan are the ultimate bargaining chips to that end.: Formal agreement between adversaries. You don’t believe the Arabs will ever agree to Israels demand of recognition of Israel as a Jewish state therefore we have nothing to lose by posturing as a party actively pursuing peace through compromise and agreement and the other side not. As if any of that matters in the real world?
Israel has already by word and deed rejected any claim to those territories because not only did we not annex them we offered them up for trade. The Land of Israel for a signed agreement where Israel is recognized by the Arabs as a Jewish State. That means in the eyes of the world and any reasonably rational onlooker as well as many Israelis; the land is not ours and we are in fact occupiers, only waiting for certain conditions to fall into place so Israel can hand those territories over to their rightful owners, the Arabs.
Once you relinquish the Principle of ownership you have lost the battle! Now the conflict is over. We lost and only the price is under debate and even if it results in more violence the world who has bought the proposition that we are not the rightful and legal Lords of the land will always side against us. Why should we expect them to be more Catholic than the Pope?
There is a world of difference if we compromise over territory we claim to the world is ours and Territory where we either renounced such a claim or never presented it in the first place as ours. Everybody knows if a liberated or conquered territory belongs to us we annex it.
I believe at some point the Arabs will state for the record and in public that they recognize Israel s a Jewish State and if so what do we do then?
We have created our own diplomatic dead end and will eventually lose the territories. Begin that stupid piece of dung set a precedent where he agreed to withdraw from all of Sinai. No Arab Leader can be expected to agree to terms less favorable than what Egypt received 100% to the inch of all Territory lost by Egypt to Israel in war. In the end Israel will be forced willingly or otherwise to give up every inch of territory gained in wars with the Arabs which in turn will make Israel indefensible creating the preconditions for the next major attempt by the Arabs to complete that which failed to do in the past.
Having a principled position and defending that principle has always proven itself over stupid and unprincipled compromises.
Get stuffed Diogenes. Perhaps you can be one of the lucky ones that tries to take Jerusalem away from us. Your legacy will be forever enshrined in the valley of Yehoshafat.
Illana,
Please wake up and smell the stench.
Does it really matter what “the world” or the feckless UN say any more? The bottom line, which may come as a surprise to the Grand Imam Obama [PBUH] and even to some liberal American Jews is that the Palestinians have NO intentions of accepting Israel as a Jewish state, NO intentions of renouncing violence, and NO interest in any solution that includes Israel. What part of this is so hard to understand?
It is high time that Israel quit screwing around and act with these facts in mind.
Doesn’t every Israeli concession since 1947 being met with more demands for more concessions – without any concessions in return – give anyone a clue?
Shut this thing down by demanding as a pre-condition that the Palestinians accept Israel’s right to exist as a Jewish state and add a renunciation of violence as an additional demand for good measure. No one can claim that this is unreasonable. No Palestinian leader who wants to live can accept these pre-conditions and that will be the end of any talks or negotiations, none of which have gotten Israel anything but empty promises and more grief, more demands, and more condemnation by “the world” other than a few democracies like India and of course the USA, Israel’s only real ally when push comes to shove.
I tried to edit the above because it is unfair to those who HAVE been working for decades to get the truth out, but I was too slow.
And then I thought of a comic blog that could reach out to the general population of young people/children (those not tuned in to Jews/Israel one way or the other). Okay, this is a weird idea, but anybody out there with the talent up for it?
This is a well-written article. The world is so conditioned by mainstream media parroting to believe the misinterpretation of Res. 338 and 242 that most people automatically think Israel is violating the resolutions. Plus, most people have never heard of the San Remo conference and they don’t know the content of the Mandate instructions.
We’ve lost decades without sending out the information, and now people are tired of the subject and THINK they understand it. We need to grab their attention with new approaches, educate, inform, say it again.
This website does a great job. But are young people reading it? I don’t know. And who can reach the children? Anyone out there who can create a comic that humorously but truthfully gets out the info? This is a crazy idea, I know, but maybe we all can rack our brains and come up with ideas? And somebody do it?
Israel should tell the UN to go screw itself. Everyone else does.
One problem. The world doesnt care. It will be up to Israel to present their opposition to the U.N. pointing out all these facts you have mentioned Ted.
What a load of crap. What I have already stolen is mine and I must have the right to steal what I have not yet stolen.
Start by returning the majority of WEST Jerusalem to the christian owners who were ethnic cleansed. Then return Sderot and similar places to the moslems who were ethnic cleansed.
Thieves and murderers have no right to retain stolen goods.
Then if you still insist on having a bronze-age racist-religious totalitarian state, perhaps the world will agree to let you have the 35% of Palestine which corresponds to the jewish portion of the population of Palestine (5.5 million jews and 10.5 million christians and moslems according to the UN census).
Human beings, as individuals, have rights – NOT religions, ideologies, races, ….