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According to a Basic Rule in International Law, the West Bank Is Part of Israel

March 14 2016

While it has become commonplace to refer to Israel’s control of areas it seized during the Six-Day War as an “occupation,” and one of questionable legality, Avi Bell and Eugene Kontorovich argue that, according to a widely accepted principle of international law, Israel’s claims to the territory are wholly legitimate. This principle, known as uti possidetis juris (“as you possess under law”), has been crucial in establishing the borders of recently created states in Africa and Eastern Europe. They write:

Remarkably, despite the intensity of the debates, little attention has been paid to the relevance of the doctrine of uti possidetis juris to resolving legal aspects of the dispute [concerning Israel’s borders]. . . .

Summarizing the operation of the rule, Steven Ratner explains [that it] “provides that states emerging from decolonization shall presumptively inherit the colonial administrative borders that they held at the time of independence.” Recent decades have shown that uti possidetis juris applies to all cases where the borders of new states have to be determined, and not just in its original context of decolonization. . . .

Israel’s independence would thus appear to fall squarely within the bounds of circumstances that trigger the rule of uti possidetis juris. Applying the rule would appear to dictate that Israel’s borders are those of the [British] Palestine Mandate that preceded it, except where otherwise agreed upon by Israel and its relevant neighbor. . . . Given the location of [these borders], applying the doctrine of uti possidetis juris to Israel would mean that Israel has territorial sovereignty over all the disputed areas of Jerusalem [as well as] the West Bank and Gaza, except to the degree that Israel has voluntarily yielded sovereignty since its independence.

Read more at Social Science Research Network

More about: British Mandate, Gaza Strip, International Law, Israel & Zionism, Jerusalem, West Bank

The Summary: 10/7/20

Two extraordinary events demonstrate something important about Israel’s most fervent adversaries. One was a speech given at something called The People’s Forum (funded generously by Goldman Sachs), which stated, “When the state of Israel is finally destroyed and erased from history, that will be the single most important blow we can give to destroying capitalism and imperialism.”

The suggestion that this tiny state is the linchpin of a global, centuries-old phenomenon like capitalism goes well beyond anything resembling rational criticism. Even if Israel were guilty of genocide, apartheid, and oppression—which of course it is not—it would not follow that its destruction would help end capitalism or imperialism.

The other was an anti-Israel protest that took place in front of New York City’s Memorial Sloan Kettering Cancer Center, deemed “complicit” in Israel’s evils. At organizers’ urging, participants shouted their slogans at kids in the cancer ward, who were watching from the windows. Given Hamas’s indifference toward the lives of Gazan children, such callousness toward non-Palestinian children from Hamas’s Western allies shouldn’t be surprising. The protest—like the abovementioned speech—deliberately conveyed the message that Israel is the ultimate evil and its destruction the ultimate good, cancer patients be damned.

The fact that Israel’s adversaries are almost comically perverse does not mean that they can be dismissed. If its allies fail to understand the obsessive and irrational hatred that it faces, they cannot effectively help it defend itself.

Read more at Mosaic