History has an insidious way of repeating itself.
Today I read that Israel gave the green light for new settlements in the West Bank. A line from the article caught my attention: “North Korea is going on developing its nuclear capabilities, Iran is going on developing its nuclear capabilities, we have threats all over the world and all the world international community is interested with is whether my daughter builds her house next to mine,” he (Dani Dayan, leader of the West Bank settlers‘ council) told foreign reporters. “It is all based on the erroneous perception that the creation of a Palestinian state is the magical solution to the situation here.” (italics and bold face added)
I balked. I had already been watching the Israeli/Palestinian debacle unfold for some time, but had yet to say anything, until that line jolted me into writing. It is not a magical solution. But it is the start of legitimacy. If a Palestinian state is created, the strongest power brokers in the region no longer have any excuse to allude, overtly or covertly, to the idea that one man’s terrorist is another man’s freedom fighter. Israel cannot then be blackmailed by states claiming to support ‘Palestinian brothers’. That may be an oversimplification, of course, but I digress: I want to talk about people and a place to call home. First, a little history:
Before the existence of the State of Israel in 1948 the region of Palestine had been ruled by the British as the British Mandate of Palestine. In light of the historic irreconcilability of the Jewish and Arab communities within Palestine, Jewish immigration (both due to displaced refugees during WW2 and illegal immigration after) and unpopularity of British rule with both communities, they turned the “Question of Palestine” over to the UN in 1947.
A majority of UN nations proposed partitioning the territory while some nations proposed a single federal state with Jewish and Arab constituents. Eventually the UN General Assembly voted in late November 1947 in favour of partition, with the Palestinian Jews welcoming the plan and the Palestinian Arabs rejecting it (see map of partition plan here).
On 14 May 1948 Israeli independence was declared and the (Jewish) State of Israel created. Immediately the fledgling nation was thrust into a fight for survival in its War of Independence against Egypt, Syria, Lebanon, Jordan and Iraq. Note that then-Israel did not have the boundaries it has today. It neither encompassed the Gaza Strip to the southwest nor West Bank to the east (the reason it is called the West Bank is due to its position west of the Jordan River, which lay/lies to the east of Israel; see map of Israel in 1948 and opposing armed forces attack vectors here), which would have formed much of the Arab partition of Palestine according to the 1947 UN Partition Plan.
However, the West Bank essentially became a no-man’s-land seeing fighting between Jewish and Arab forces between the UN vote in late 1947 and mid 1948, with it being annexed by Jordan during the 1948 war in agreement with the Israelis in exchange for Jordan not invading the Jewish partition, or the State of Israel, proper. The Gaza Strip was annexed in that same year by Egypt.
The Palestinian Arabs lost a place to call home, once.
Israel subsequently gained control of the West Bank and Gaza Strip in June 1967 during the Six Day War against Egypt, Jordan, Syria and Iraq. It has held and occupied these areas since until more recent developments saw some control pass to the Palestinian Authority (see map here). During this time Israel has slowly colonised (I’m just calling a spade a spade) the West Bank and Gaza Strip with settlements and continues to do so in contravention of UN Security Council Resolution 242 adopted in November 1967 following the aftermath of the Six Day War, which expressly calls for withdrawal from these territories and the inadmissibility of the acquisition of territory by war, and also in violation of the Fourth Geneva Convention expressly prohibiting resettlement by an occupying power of its own civilian population within occupied territory.
Against 242 and the Convention are some claims such as:
1. Israel’s eastern border has never been defined by anyone,
2. The West Bank has not been part of any state (Jordanian annexation was never officially recognized) since the time of the Ottoman Empire,
3. According to the Camp David Accords with Egypt, the 1994 agreement with Jordan and the Oslo Accords with the PLO, the final status of the territories would be fixed only when there was a permanent agreement between Israel and the Palestinians,
4. Neither the West Bank nor Gaza Strip were the territory of a “High Contracting Party” (parties which are signatories and have ratified a treaty, i.e. loosely, UN member states) at the time they were occupied by Israel and that therefore the Fourth Geneva Convention does not apply, based on the wording of Article 2 of the Convention:
“In addition to the provisions which shall be implemented in peace-time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.”
5. Even if the Convention does apply, it was created in the context of World War II only,
6. The Convention is only intended to cover forcible transfers and to protect the local population from displacement (Article 49(1) of the Convention), while the settlements are not intended to, nor have resulted in, the displacement of Palestinians,
7. The Convention only applies in the absence of an operative peace agreement and between two powers accepting the Convention, and since the Oslo Accords leave the issue of settlements to be negotiated, Palestinians have accepted the temporary presence of Israeli settlements pending further negotiation thus there is no basis for declaring them illegal.
Because of all this the Palestinians are losing a place to call home a second time. We can always argue on semantics, debate the supposed meaning wrung out from every single word of a lawful document and find every single loophole no matter how small it is, but at the end of the day law is about people, not about words:
In response to 1, it has, if you accept the 1947 UN Partition Plan dividing Palestine into Jewish and Arab territories to belong to two different peoples. Claiming Israel’s eastern border never having been defined conveniently brushes aside the fact that Israel was created as a Jewish state for the Jewish people, in the context of the 1947 Plan.
In response to 2 and 4, the West Bank was never legally claimed by any state representing the Palestinian Arabs, but does that mean that as the only successor state to the 1947 Plan, Israel has the right to occupy all of Palestine? Technically, maybe. Morally? It conveniently forgets that the Palestinian Arabs exist as a people, even if they are not represented.
In response to 3, and 7, does no final status mean pushing the boundaries of the status quo? Does it mean Israel has the right to colonise land that does not yet have a final status – i.e. does not yet belong definitively to anyone, including Israel? The claims conveniently forget this point.
In response to 5, does this somehow diminish the authority of the Convention for other wars? It seems conveniently forgotten that the Convention was written to protect people during war.
In response to 6, 49(1) is but a mere section of the Convention. It seems yet again that the aim(s) of the rest of the Convention (that was written to protect people) has (have) been conveniently forgotten.
Right at the start I said that history has an insidious way of repeating itself. Throughout the ages the Jews have been persecuted, their land conquered and their people denied of a place to call their own. Today the same scene is replaying itself, on the same land, but the actors are different. The Jews are no longer the conquered and the denied. That was Israel, then.
And Palestine, now.
I wonder which book it was from that the principle “do unto others as you would have others do unto you” was founded. In some sick twist, it now seems that “do unto others as others have done unto you” is the principle of choice.
ואהבת לרעיך כמוך , Leviticus 19:18