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Arguments against Israel’s Annexation of the Golan Make a Mockery of International Law

April 8 2019

The minute President Trump announced U.S. recognition of Israeli claims to the Golan Heights, seasoned former diplomats, policy experts, and scholars of international law rushed to condemn this alleged flouting of international norms—bound, in their view, to give succor to imperialists and aggressors everywhere. But such assertions, Shany Mor argues, are so riddled with inconsistencies as to suggest that, in the hands of these practitioners, international law means nothing more than “whatever Israel does is illegal.” Mor begins with the objection that Israel, in seizing the Golan in the 1967 Six-Day War, failed to respect international borders:

The accusation that Israel and the U.S. are flagrantly violating diplomatic and legal norms rests on [the assumption that] the armistice lines created in 1949 between Israel and its Arab neighbors [constitute] de-facto international borders and tries to apply to them the same standards of territorial integrity as an internationally recognized boundary. The problem is that the armistice agreements explicitly say the opposite—and at the insistence of the Arab side. . . . Syria, like Egypt and Jordan, assumed that in a future war it might conquer more territory and didn’t want to be saddled with a binding line. It was not a gamble that paid off.

The problems don’t end there. Even if the agreements that established the 1949 armistice lines didn’t explicitly declare them to be temporary and nonbinding, they would have ceased to have any legal validity when fighting erupted again, as it did in June 1967. As in the 1948 war, the Arab aim in 1967 was explicitly and openly stated: [the elimination] of the Jewish state of Israel. The expectation that the colossal Arab defeat could be followed by a return to the lines from the previous war—it, too, a colossal Arab defeat—would be like the Germans in 1945 expecting they could restore the borders they had in 1919.

A further problem is that the armistice lines themselves rewarded aggressive conquest, putting Jordan, Egypt, and (importantly for this discussion) Syria in lands that were beyond their own prewar boundaries. Israel’s territorial gains are a violation of a post-1945 principle, but Arab territorial gains (which also took place after 1945) are somehow not?

Others have argued that Israel is bound by the borders it inherited from the British Mandate. As Mor points out, it is not at all clear where this would leave the Israel-Syrian border. Moreover,

the almost universal consensus that Israel’s presence in the West Bank is one of the great international crimes of our era would be threatened by the adoption of this norm. If independent Israel inherited the Mandate’s borders on the Golan, then it surely inherited them [east of the “green line” and] along the Jordan River, too.

Read more at Tablet

More about: Golan Heights, International Law, Syria, 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