Page 12 - Jewish News_March 2021

12A March 2021 FEDERATION NEWS

CRConnect: Are Israeli settlements in the

West Bank illegal under international law?

By David Millstone
e read in the news on a reg- he abandoned the longstanding policy Opinion” and likewise not binding. ‹ In 1947, the United Nations parti-
ular basis that Israeli set- by abstaining on a Security Council The argument against legality of tioned Palestine between the Jews
Wtlements in the West Bank Resolution which declared settlements the settlements under the Geneva Con- and the Arabs. When Israel de-
are illegal. In 2019, the Trump admin- illegal. In abstaining, the U.S. Ambas- vention is laid out in the Hansell Mem- clared its statehood in 1948, five
istration took the position that Israeli sador to the U.N. stated the decision orandum. The essence of the argument Arab countries attacked the Jews
settlements in the West Bank are not was “fully in line with the bipartisan is: to destroy the State of Israel. An
inconsistent with international law, a history” of how the U.S. presidents ‹ Israel’s armed forces entered into armistice was reached based upon
change from the prior U.S. position. have approached the issue for years. areas that were not part of its sov- the areas held by each side, but
Previously, the United States’ po- So, the question for the month is: ereignty or under its administration with no peace agreement(s). No fi-
sition on settlements had been mixed. “Are Israeli settlements in the West at the start of the 1967 Six-Day nal borders were established.
Until 1978, the U.S. took no position Bank illegal under international law?” ‹ By the end of
on the legality of the settlements. In The Arguments Claiming Robert and Esther Heller the War of Inde-
1978, President Carter’s administra- Settlements Are Illegal pendence in July
onnect
onnect
tion, relying on a State Department The United Nations General Assembly CRC 1949, Jews in the
memo (the Hansell Memorandum), and Security Council, the International West Bank had
declared settlements to be inconsistent Court of Justice, as well as the inter- been either mas-
with international law. Less than three national community in general have sacred or driven
years later, President Reagan repudiat- stated Israeli settlements violate the out by the Arabs.
ed the Carter position. For the next 35 Geneva Conventions and international War. Therefore, Israel became a ‹ In the Six-Day War, after Egypt
years, both Republican and Democrat- humanitarian laws. belligerent occupant of the terri- committed an act of war and other
ic administrations avoided taking any It is important to understand that tories. As a result, the territories Arab nations joined in, Israel cap-
position on the legality of settlements. U.N. Security Council and General were “occupied.” tured Jerusalem and all of Judea
In 2011, President Obama exer- Assembly resolutions, such as those ‹ The creation of settlements ap- and Samaria.
cised the U.S. veto power over a Se- declaring the settlements illegal, are pears to violate the prohibition of ‹ After the Six-Day War, many of
curity Council Resolution condemning not binding. The International Court Article 49 of the Fourth Geneva the settlers returned to establish
Israeli settlements. However, in 2016, of Justice Opinion is an “Advisory Convention which provides: The communities that had existed prior
Occupying Power shall not deport to the War of Independence.
“These we honor” or transfer parts of its own civilian tion does not apply because neither
Article 49 of the Geneva Conven-
population into the territory it oc-
cupies.
Your Tributes priated thousands of acres of Pales- the Palestinian Arabs nor Jordanians
had sovereignty over the West Bank.
Others have argued Israel expro-
The lands were “disputed” territory
tinian land for settlements, thereby into which Jews had the right to settle
ANNUAL CAMPAIGN GULF COAST HILLEL displacing the Palestinians and violat- whether under the Mandate for Pales-

IN HONOR OF FUND ing international humanitarian laws. tine or because of settlements prior to
The Arguments Supporting
1948 and the Jews’ historic connection
Danielle and Mark Smotkin’s IN MEMORY OF the Legality of Israeli settlements to the land.
1 Grandchild Alan Milbauer To understand why settlements do not Even if the Geneva Convention
st
Jennifer and Mark LoPatin Kathy and Ed Wittman violate international law, it is import- applied, Article 49 was adopted after
Bryna and Howard Tevlowitz – ant to first understand the history of World War II with the intention of pro-
Grandson Aiden Lev ISRAEL PROGRAMS the land. The West Bank, also known tecting against the enslavement, forced
Ilene and Michael Fox as Judea and Samaria, is where Jewish labor or extermination of the popula-
Hannah Weinberg’s FUND history began. There has been a Jew- tion. It prohibits forced movement. The
Special Birthday IN MEMORY OF ish presence for thousands of years in settlements by Jews were voluntary.
Faith and Michael Goldman Dr. Steven Derfler Judea and Samaria. Looking just at the Settlements have only been per-
Patti and David Wertheimer’s Kim and Jon Adler 20 century, here is a brief history of mitted by Israel following investiga-
th
Daughter Sarah’s Marriage Sarah Wertheimer the region: tions to ensure that communities are
Ilene and Michael Fox Alan Milbauer ‹ While routinely referred to as “Pal- only established on public lands or on
IN MEMORY OF Nancy and Norman Lipoff estinian” land, at no point in histo- private lands legally acquired.
Dr. Steven Derfler ry has Jerusalem or the West Bank The bilateral agreements between
Ilene and Michael Fox PJ LIBRARY been under Palestinian Arab sover- Israel and the Palestinians contain no
Sandra Kligman IN MEMORY OF eignty. prohibition against the building or ex-
Alan Milbauer Dr. Steven Derfler ‹ Prior to World War I, Israel, Jordan pansion of settlements. The agreements
Wendy and Mark Berkover Bryna and Howard Tevlowitz and the West Bank were provinces specifically reserve the issue of settle-
Ilene Fox of the Ottoman Empire. ments for permanent status negotia-
Faith and Michael Goldman SKIP ‹ During World War I, British-led tions. The agreements also recognize
Debbie and Marc Katz allied troops captured the area Israel has exclusive jurisdiction over
Andria Keil Bilan and Ralph F. Keil IN HONOR OF from the Turks. the settlements pending permanent sta-
Rena and Josh Kopelman Maggie and Mark Sharff – Birth ‹ In 1922, the League of Nations tus agreement.
Evelyn Lampert and Marty Cohen of Granddaughter Maya Sara established the Mandate for Pal- Conclusion
Hannah and Norman Weinberg Bryna and Howard Tevlowitz estine, providing for the establish- The issue of settlements is a complex
Patti and David Wertheimer – ment of a national home for the one that will only be resolved through
COLLEGE Sarah and Adam’s Marriage Jewish people on the land where negotiations, not with charges of ille-
they had a historic connection.
SCHOLARSHIP FUND Bryna and Howard Tevlowitz ‹ Both under the Ottomans and after gality. Both Jews and Palestinians have
legitimate claims of connectivity to
IN MEMORY OF STEP FUND World War I, Jewish settlements this ancient land.
Alan Milbauer IN MEMORY OF existed in places like Hebron, the For more detailed information and
Bonnie Chirlin Dr. Steven Derfler Gush Etzion bloc in southern Judea original source material, please visit
Debra Spindler Pinals Marty and Rabbi Jonathan Katz and Neve Ya’acov, north of Jerusa- the Federation website at jfedsrq.org/
Bonnie Souther lem, all in what is now the West crconnect.
NOTE: To be publicly Patti and David Wertheimer Bank. (For further information on Any opinions expressed in this article
acknowledged in The Jewish News, Jewish settlement of Israel prior are those of the author and not nec-
Honor Cards require a minimum STRONGER TOGETHER to Independence, see jfedsrq.org/ essarily those of The Jewish News or
$10 contribution per listing. COVID FUND crconnect-section/did-jews-take- The Jewish Federation of Sarasota-
israel-away-from-palestinians.)
You can send Honor Cards directly IN HONOR OF Manatee.
from jfedsrq.org. For more Hannah Weinberg’s 80 Birthday Send your comments and Letters to
th
information, call 941.371.4546. Betsy and Jimmy Granite the Editor to jewishnews@jfedsrq.org.