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Israel - a boycott without a buoy

By David Singer - posted Monday, 2 May 2011


With the exception of the Golan Heights - none of the land occupied by Israel in the 1967 War can be designated as  “Arab lands” - since sovereignty in such lands remains undetermined.

Jordan’s attempt  to annex the West Bank and East Jerusalem in 1950 was only recognized by Great Britain and Pakistan. Jordan relinquished whatever claims it had in 1988.

These lands are presently “no man’s land” over which both Israel and the Palestinian Authority  (PA) are making sovereign claims that can only be resolved in direct face to face negotiations - which have now stalled because the PA refuses to resume such negotiations with Israel.

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Supporting the boycott  encourages the continuation of this negotiating gridlock and is contrary to what the international community is demanding.
   
Calling for Jews to stop settling in the West Bank and East Jerusalem - ( termed “colonization” under the manifesto) contravenes article 6 of the Mandate for Palestine and article 80 of the United Nations Charter.

 Seeking to exclude anyone but Palestinians from living in the West Bank and East Jerusalem is racist, discriminatory and constitutes apartheid - and brands those who support a boycott on this ground as supporters of such an outrageous and offensive policy.

Israel has already made it clear that the Wall - where built on “no-man’s land” -  will be dismantled when  secure and recognized borders between Israel and a Palestinian State are established in accordance with UN Security Council Resolution 242.

Boycotting Israel for not demolishing the wall whilst these legal requirements remain unresolved  - yet again indicates support for those who have scant regard for international law.

Full equality for Arab-Palestinian citizens in Israel already exists.

Those being asked to boycott Israel should seek clarification as to what fundamental rights are being denied to Arabs in Israel that are enjoyed by Arab residents in the West Bank and Gaza.

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UN General Assembly Resolution 194 has never been binding on Israel.

 Professor Julius Stone states in his book “Israel and Palestine - Assault on the Law of Nations”

General Assembly Resolution 194 (III) of December 11,1948 … did not even purport to be in in mandatory terms, but was merely parts of the terms of reference of the Palestinian Conciliation Commission. A recital in Resolution 273 (III) of May 11, 1949, admitting Israel to the United Nations “recalled” that Resolution 194 (III)  provided an option for refugees to return to their homes, and compensation if they opted not to return, but it immediately in the same recital “noted” the declarations and explanations made by Israel before the ad hoc committee in respect of the implementation of that resolution. Since Israel’s declarations and explanations did not unquailifiedly accept the resolution, this can in no way be regarded as creating a legal obligation. (p.68)
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About the Author

David Singer is an Australian Lawyer, a Foundation Member of the International Analyst Network and Convenor of Jordan is Palestine International - an organisation calling for sovereignty of the West Bank and Gaza to be allocated between Israel and Jordan as the two successor States to the Mandate for Palestine. Previous articles written by him can be found at www.jordanispalestine.blogspot.com.

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All articles by David Singer

Creative Commons LicenseThis work is licensed under a Creative Commons License.

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