RUTHFULLY YOURS

The shameful and morally incoherent December 23rd resolution vote by the UN Security Council demanding that “Israel immediately and completely cease all settlement activities in the occupied Palestinian territory, including East Jerusalem,” also includes dangerous language that proclaims that Israeli settlements, which are “dangerously imperiling the viability of the two-state solution,” have “no legal validity.”

The United States, contrary to its customary role, abstained from the vote, which passed by a vote of 14 in favor out of 15 countries, and this departure marks in a new low in the U.S.’s relations with Israel, even though the State Department under President Obama has, during the last eight years, promiscuously referred to the Israeli settlements as “unhelpful,” “obstructions to peace,” and “illegitimate.”

The problem with this defective diplomacy, as is often the case when Israel is concerned, is that operates in what commentator Melanie Phillips has called “a world turned upside down,” where the perennial victim status of the long-­suffering Palestinians trumps any sovereign rights of Israel regarding its borders, security, and even its survival in a sea of jihadist foes who yearn for its destruction. The settlement debate has now also been hijacked by the Arab world and its Western apologists who, willingly blind to history, international law, and fact, continue to assign the blame for the absence of peace on the perceived offenses of occupation and Israeli truculence. As a result of this latest UN resolution, even those Jewish Jerusalem neighborhoods which everyone has agreed would be folded into Israel upon the creation of a Palestinian state can now be deemed “illegal” and their inhabitants criminal trespassers; more grotesquely, the Western Wall and Temple Mount can now be considered “occupied” Palestinian sites.

It is, of course, completely fallacious to overlook the fact that not only all of the land that is current­-day Israel, but also Gaza and the West Bank, is part of the land granted to the Jews as part of the League of Nations Palestine Mandate, which recognized the right of the Jewish people to “close settlement” in a portion of those territories gained after the breakup of the Ottoman Empire after World War I. According to Eugene V. Rostow, the late legal scholar and one of the authors of UN Security Council Resolution 242 written after the 1967 war to outline peace negotiations, “the Jewish right of settlement in Palestine west of the Jordan River, that is, in Israel, the West Bank, Jerusalem, and the Gaza Strip, was made unassailable. That right has never been terminated and cannot be terminated except by a recognized peace between Israel and its neighbors,” something which Israel’s intransigent Arab neighbors have never seemed prepared to do.

Moreover, Rostow contended, “The Jewish right of settlement in the West Bank is conferred by the same provisions of the Mandate under which Jews settled in Haifa, Tel Aviv, and Jerusalem before the State of Israel was created,” and “the Jewish right of settlement in the area is equivalent in every way to the right of the existing Palestinian population to live there.” The Six Day War of 1967, in which Israel recaptured Gaza and the West Bank, including Jerusalem, resulted in Israel being cast in another perfidious role—in addition to colonial usurper of Arab land, the Jewish state became a brutal “occupier” of Arab Palestine, lands to which the Jews presumably had no right and now occupied, in the opinion of many in the international community, illegally.

When did the West Bank, Gaza, and East Jerusalem become Palestinian land? The answer is: never. In fact, when Israel acquired the West Bank and Gaza and other territory in the defensive war 1967 after being attacked by Egypt, Syria, and Jordan, the Jewish state gained legally-recognized title to those areas. In Israel’s 1948 war of independence, Egypt, it will be recalled, illegally annexed Gaza at the same time Jordan illegally annexed the West Bank—actions that were not recognized by most of the international community as legitimate in establishing their respective sovereignties.

Israel’s recapture of those territories in 1967, noted Professor Stephen Schwebel, State Department legal advisor and later the President of the International Court of Justice in The Hague, made the Jewish state what is referred to as the High Contracting Party of those territories, both because they were acquired in a defensive, not aggressive, war, and because they were part of the original Mandate and not previously under the sovereignty of any other High Contracting Party. “Where the prior holder of territory had seized that territory unlawfully,” Schwebel wrote, referring to Jordan and Egypt, “the state which subsequently takes that territory in the lawful exercise of self-­defense has, against that prior holder, better title.”

While those seeking Palestinian statehood conveniently overlook the legal rights Jews still enjoy to occupy all areas of historic Palestine, they have also used another oft­-cited, but defective, argument in accusing Israel of violating international law by maintaining settlements in the West Bank: that since the Six Day War, Israel has conducted a “belligerent occupation.” But as Professor Julius Stone discussed in his book, Israel and Palestine, the fact that the West Bank and Gaza were acquired by Israel in a “sovereignty vacuum,” that is, that there was an absence of High Contracting Party with legal claim to the areas, means that, in this instance, the definition of a belligerent occupant in invalid. “

So, significantly, the absence of any sovereignty on territories acquired in a defensive war—as was the case in the Six Day War of 1967—means the absence of what can legally be called an occupation by Israel of the West Bank, belligerent or otherwise. “Insofar as the West Bank at present held by Israel does not belong to any other State,” Stone concluded, “the Convention would not seem to apply to it at all. This is a technical, though rather decisive, legal point.”

The matter of Israel violating Article 49 of the Fourth Geneva Convention is one that has been used regularly, and disingenuously, as part of the cognitive war by those wishing to criminalize the settlement of Jews in the West Bank and demonize Israel for behavior in violation of international law, and, in fact, was the core of Friday’s resolution. It asserts that in allowing its citizens to move into occupied territories Israel is violating Article 49, which stipulates that “The occupying Power shall not deport or transfer parts of its own civilian population into territory it occupies.” The use of this particular Geneva Convention seems particularly grotesque in the case of Israel, since it was crafted after World War II specifically to prevent a repetition of the actions of the Nazis in cleansing Germany of its own Jewish citizens and deporting them to Nazi-occupied countries for slave labor or extermination. Clearly, the intent of the Convention was to prevent belligerents from forcibly moving their citizens to other territories, for malignant purposes— something completely different than the Israel government allowing its citizens to willingly relocate and settle in territories without any current sovereignty, to which Jews have long­standing legal claim, and, whether or not the area may become a future Palestinian state, should certainly be a place where a person could live, even if he or she is a Jew.

By the time you read this article, there may well have been yet more Islamic vehicular terror attacks throughout the world similar to the carnage wrought in Nice, France and Berlin, Germany.

This will be even as Germany’s Chancellor Merkel, President Obama and the ruling elites in too many western nations – along with their morally compromised media – continue putting a happy face on uncontrolled mass-migration from Arab and Muslim lands.

According to German police, the atrocity in Berlin was committed by a Muslim suspect from Tunisia who took control of a Polish moving company’s truck after murdering the driver and then deliberately plowing it into civilians, killing twelve people and maiming scores more; mere days before both the Christian Christmas and Jewish Hanukkah festivals are celebrated.

This is now a weapon of choice by the legions of Muslim terrorists who hate Judeo-Christian civilization and are urged on to commit their grisly deeds by the unholy trinity of al-Qaeda, ISIS and the Muslim Brotherhood, along with its demons, the Palestinian Authority, Islamic Jihad, Hamas, Fatah, PLO, Al Shabab, Boko Haram, ad nauseam.

The writer, Bat Ye’or, penned these words many years ago when she was an almost lone voice warning of what was to come from resurgent and totalitarian Islam – long before ISIS and the destruction of Christianity in the Middle East:

Where are the great Catholic or Protestant voices protesting against this Islamization of Christianity? This passivity, this indifference makes you think that Europe will soon look more like Lebanon.
This has ruined Europe – because the enemies of Israel are also enemies of Christianity and of Europe. How can you ally yourself with those who want to destroy you, without in fact dying yourself?
The same obsessive hatred Hitler had for the Jewish people, which led to the ruin of Europe, has persisted today in the European Union’s animus against the Jewish State. The great irony is that in trying to destroy Israel, Europe is destroying itself.

Most people in the West now have seen on their TV screens the horrific vehicular terrorism in Nice, France which killed 84 people and left 300 more horribly maimed and scarred for life. More and more places around the world have already become victim to this barbarism or are likely to endure it in the coming year.

For all eight years of the Obama administration, Democrats have made believe that Barack Obama is a firm and enthusiastic supporter and defender of the Jewish state. Arguments to the contrary were not only dismissed but angrily denounced as the products of nothing more than vicious partisanship. Obama’s defenders repeatedly used the trope that “Israel should not be a partisan issue,” as if Obama’s views and actions were beyond reproach. A whole corps of Jewish leaders, some at the major organizations and many from Chicago, showed far greater loyalty to Obama than to the tradition of true nonpartisanship when it came to Middle East policy.

All of those arguments have been ground into dust by Obama’s action Friday allowing a nasty and harmful anti-Israel resolution to pass the United Nations Security Council. Just weeks before leaving office, he could not resist the opportunity to take one more swipe at Israel—and to do real harm. So he will leave with his record on Israel in ruins, and he will leave Democrats even worse off.

It’s pretty clear that he does not care. Obama has gotten himself elected twice, the second time by a decreased margin (the only time a president has been reelected by fewer votes than in his first term), but he has laid waste to his party. In the House, the Senate, the state governorships, and the state legislatures, the Democrats have suffered loss after loss. Today’s anti-Israel action will further damage the Democratic party, by driving some Jews if not toward the Republicans then at least away from the Democrats and toward neutrality. Donald Trump’s clear statement on Thursday that he favored a veto, Netanyahu’s fervent pleas for one, and the Egyptian action in postponing the vote show where Obama stood: not with Israel, not even with Egypt, but with the Palestinians. Pleas for a veto from Democrats in Congress were ignored by the White House.

Does the resolution matter? It does. The text declares that “the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law.” This may turn both settlers—even those in major blocs like Maale Adumim, that everyone knows Israel will keep in any peace deal—and Israeli officials into criminals in some countries, subject to prosecution there or in the International Criminal Court. The text demands “that Israel immediately and completely cease all settlement activities in the occupied Palestinian territory, including East Jerusalem.” Now add this wording to the previous line and it means that even construction in the Jewish Quarter of the Old City is “a flagrant violation under international law.” The resolution also “calls upon all States, to distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967.” This is a call to boycott products of the Golan, the West Bank, and parts of Jerusalem, and support for the Boycott, Divestment, Sanctions movement.