https://www.jpost.com/opinion/article-748976
Using legal and humanitarian arguments to justify Palestinian demands ignores Israel’s legitimate claims to Judea and Samaria and its security needs.
According to the European Union, which influences policymaking in the international community, Israel’s occupation of the “West Bank” (areas that the IDF conquered in 1967) is a “violation of international law” – the Hague and Fourth Geneva Conventions – and is illegal; therefore, Israel must withdraw to the 1949 Armistice lines.
While this is a powerful and effective emotional and psychological weapon against Israel, few understand that, for Palestinians, “the occupation” includes all of Israel, everything “from the [Jordan] river to the [Mediterranean] sea.”
The EU’s position, however, is baseless
The League of Nations recognized the right of the Jewish people to a homeland in the area; this was incorporated into the UN’s Charter (Article 80). The FGC defines “occupation” as occurring between states (“high contracting parties”); only Israel qualifies.
The International Committee of the Red Cross, however, declared that Israel was guilty of illegally “occupying Palestinian territory.” And, since the ICRC has special observer status at the UN and a special position in the FGC, its decisions are considered authoritative. The EU and UN adopted this as “humanitarian law.”
Although Israel withdrew from Areas A and B in Judea and Samaria as stipulated in the Oslo Accords, and assisted the Palestinian Authority to develop its institutional structure, the focus turned to denying Israel’s legal and historical claims to Area C, where all of the “settlements” are located. The debate over further territorial concessions, however, ended because terrorism and incitement continued unabated. Moreover, Iranian proxies – Hezbollah in Lebanon and Hamas in the Gaza Strip – were empowered. The mantras of “land for peace” and “the two-state solution” became irrelevant, even for many in the international community.