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Israel set to extend its sovereignty into the West Bank

By David Singer - posted Wednesday, 4 July 2012


...analyzed the historic and legal background of Judea and Samaria and concludes that the belligerent occupation approach must be discarded as reflecting Israel's status in those areas. According to the committee's approach, Judea and Samaria were in a judicial vacuum before the Six Day War. The reason was that the Kingdom of Jordan, which held those territories, did so against the rule of international law, and its sovereignty over them was recognized solely by Great Britain. Since Jordan was not the legal sovereign, the report argues, the territories cannot be defined as occupied in the legal sense of the word. In addition, the committee offers a string of arguments showing that Israel itself has a legal connection to those territories, which is another reason why it is not an occupier.

The Report will be a smack in the eye to the international community and many Non Governmental Organizations in Israel which have long held the view that Israeli settlements in the West Bank are illegal in international law. It will however bolster the resolve of one of the strongest National Unity Government's in Israel's history to act to end this game of diplomatic ping pong that has raged over the West Bank for the last 45 years by confirming the right of the Jewish people to live in and reconstitute the Jewish National Home in its biblical and ancient homeland as promulgated in the Mandate for Palestine and the United Nations Charter - and acknowledged in Security Council Resolution 242.

Add to this mix the deteriorating political situation and civil unrest in Israel's immediate neighbours -Syria, Egypt and Jordan - then the strategic position of the West Bank takes on an increasing significance for Israel's security and national interests ensuring that the generous offers made by Israel to the Palestinian Authority in 2000 and 2008 to cede Israel's claim to sovereignty in more than 90% of the West Bank are not going to be repeated.

The inability of the international community to do anything to end the slaughter in Syria that has so far reportedly claimed 16000 lives in the last 15 months indicates that any protests at Israel extending its sovereignty into a large part of the West Bank where very few Arabs presently live - would be rhetoric at best and nothing more.

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The racist demand - still repeated mantra fashion by the Palestinian Authority and its spokesmen - that 350000 Jews living in the West Bank be dispossessed and removed from their homes - supported by the silence of - and in some cases the active support of - a majority of a morally bankrupt international community - could never and can never be acceded to by Israel.

The decision by UNESCO last October to recognize and admit Palestine as its 195th member State effectively ended the claim that the Palestinian Arabs are homeless and stateless. Whilst this decision was both illegal and unconstitutional - the failure by anyone in the international community to urge UNESCO to have its decision confirmed by the International Court of Justice amounts to de facto acceptance by all member states of the UNESCO decision.

Putting all these ingredients together - the issue of resolving sovereignty in a substantial part of the West Bank is set to undergo a dramatic change in a very short time.

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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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