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Why the Term “Annexation” Wouldn’t Apply to Israel’s Actions in the West Bank

June 15 2020

The international media, as well as many diplomats, have spoken of Jerusalem’s plans to apply Israeli law to parts of the West Bank as “annexation.” To Arsen Ostrovsky and Richard Kemp, this is a misapplication of the term, and sometimes a knowing one:

In essence, annexation means one state imposing legal authority over the territory of another state acquired by force or aggression, normally during war. The Rome Statute of the International Criminal Court defines “annexation by the use of force of the territory of another state of part thereof” as “constituting the grave Crime of Aggression.” Russia’s annexation of Crimea and Turkey’s invasion of Cyprus are prime examples of such cases.

[Prohibitions in international law against the annexation of foreign territory] apply to territory acquired by force or in an offensive war. The Six-Day War, in which Israel was compelled to defend itself from neighboring Arab armies seeking the Jewish state’s destruction, was defensive. Second, in 1967, there was no “state of Palestine,” nor does such an entity exist today under international law. Therefore, Israel is not, and cannot, be annexing the territory of “another state.”

Third, and perhaps most importantly, all of the above negates the Jewish people’s . . . connection to Judea and Samaria, which is rooted both in historical rights, and in undeniable legal ones.

More accurate would be to say that Israel is “extending Israeli sovereignty” or “applying Israeli law” to parts of Judea and Samaria. One may reasonably argue about the policy merits of Israel’s proposed actions in Judea and Samaria, but to call such actions “annexation” is false.

Read more at JNS

More about: Annexation, International Law, 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