ISRAELI so-called settlements in West Bank – Judea and Samaria – are a complex issue. As a rule the news and newscasts claim that Israeli construction activities beyond 1967 line will destroy the Two-State idea. During last five decades there has been a continuous flow of statements from sc. international community that West Bank settlements are against sc. International Law.
But besides statements there is actually one trial – which escaped the media’s awareness – and which ruled the opposite: the 3rd Chamber of the Court of Appeal of Versailles declared in 2013 that Israel is the legal occupant of Judea and Samaria.
New level of West Bank construction
World Israel News reports that Israel announced on Tuesday 31st Jan. 2017 the construction of 3,000 housing units in Judea and Samaria. This announcement, made by Prime Minister Benjamin Netanyahu and Minister of Defense Avigdor Liberman, follows last week’s statement regarding the construction of 2,500 housing units in various locations in Judea and Samaria and the municipality of Jerusalem’s approval of the construction of 566 new homes in the city. The back-to-back announcements of a total of 6,000 new housing units in Judea and Samaria within a single week is almost unprecedented. The statement comes as 42 Israeli families in the community of Amona in Samaria are being removed from their homes because it was allegedly built on privately-owned Palestinian land.
For example the New York Times was using distorted facts on issue as follows: Israel approved 3,000 more housing units in the occupied West Bank late Tuesday, the largest number in a wave of new construction plans that defy the international community and that open a forceful phase in the country’s expansion into land the Palestinians claim for a future state. However to build housing units both within existing settlements and in existing Jewish neighborhoods in Jerusalem, is not an expansion as the area of land for settlements is not expanding even if the number of houses and Jews living in them is increasing.
On 6th Feb. 2017 the Israeli Knesset passed the controversial Regulation Law by 60 votes to 52. The Regulation Law retroactively gives residents of up to 4,000 housing units in West Bank settlements the right to live in their homes which were built – some accidentally – on private Palestinian land, in return providing the landowner with an annual usage payment of 125 per cent of the land’s rental value. However the Law might be overturned by the Supreme Court. (Source: BICOM , more in BICOM briefing: Download PDF)
Israel as legal occupant of the West Bank
Israel’s claim in West bank is based e.g. on the following earlier acts of International Law: The Jan Smuts Resolution of January 30, 1919, Article 22 of the Covenant of the League of Nations, including the Treaty of Versailles of June 28, 1919, The legal title of the Jewish People to the mandated territory of Palestine in all of its historical parts was first recognized on April 24, 1920 when the post-World War I Allied Supreme Council (Britain, France, Italy and Japan), meeting in San Remo, Italy, converted the 1917 ‘Balfour Declaration’ into a binding legal document. This was confirmed by the 1920 Treaty of Sevres and Lausanne. All these recognized the historical connection of the Jewish People with the Land of Israel.
Sure local Arabs have also historical connections between Mediterranean and Jordan river but they have already received their lands under the Mandate system as (Trans-)Jordania was separated from Palestine during the British Mandate. So Jordan is the Arab Muslim state (kingdom) on 77% of old Palestine made legal 1946-League of Nations. They wanted more and made a war and annexed West bank 1950 which then was reclaimed by Israel 1967. According negotiated Oslo agreements (1995) for administration of West bank there are three areas C=Israel state, B=shared by Israel and Palestinian authority (PA) and A=PLO/PA/Fatah but Jerusalem is not Jordans or anyone elses.
Israel made peace treaty with Jordan – occupant of the West Bank from 1948 to 1967 – in 1994 and Jordan does not have any territorial claims in West Bank.
A trial which escaped the media’s awareness
”In the past 24 hours Israel has made it clear that it will not tolerate rocket and missile attacks on its civilians. I hope that Hamas and the other terror organizations in Gaza got the message. If not, Israel is prepared to take whatever action is necessary to defend our people.” (PM Netanyahu)
Enough is Enough. The escalation of events over the past few days forced Israel to react to the Hamas attacks.The civilians of southern Israel have been under sustained attack from Gaza since last Saturday, November 10th. More than 120 rockets were fired before Israel launched Operation Pillar of Defense on 14th Nov 2012. An Israeli ground offensive is now almost assured. Hamas probably assumed that Israel won’t launch broad military campaign before Israeli elections, it seems that they made a serious and for many a fatal miscalculation.
The toll the rockets from Gaza have taken on Israeli citizens is heavy. Over one million civilians has lived in range and their lives are threatened with every launch. Now with use of Fajr-5 missiles even two million Israelis are under thread. Approximately 800 rockets and mortar shells have launched since the start of the year a record amount since the end of Operation Cast Lead (January 2009). This peak is similar to the attacks that occurred in 2007-8. Daily life in southern Israel has been totally disrupted. Some 200 rockets were fired at Israel on Thursday 15th, with about 30 intercepted by the Iron Dome system, including between one (IDF version) and three (Hamas version) Fajr rockets fired at Tel Aviv. However, the escalation of events over the past few days forced Israel to react to the Hamas attacks.
For the first time since the Gulf War, a rocket has hit Tel Aviv by Fajr-5 rockets, Iranian-made weapons which can reach a lot further than the ordinary Grad missile. Both Hamas and Palestinian Islamic Jihad have claimed responsibility for the attack. This strike is the furthest Hamas has ever struck into Israeli territory and signals a major escalation.
More about terrorism from Gaza see the report Terrorism from the Gaza Strip since Operation Cast Lead: Data, Type and Trends, by The Meir Amit Intelligence and Terrorism Information Center
Pilar of Defence aka Amud Anan
Aircraft dropped leaflets in Gaza stating that the residents should “keep their distance from Hamas terror operatives”. Thre were similar warnings also via twitter a acouple of days ago. These early warnings were not enough.
This operation – Operation Pillar of Defense aka Amud Anan – was planned months ago, but an official launching of it was on Wed 14th when Israel targeted Ahmed Jabari, Hamas’ military chief in Gaza who was responsible for all Hamas terrorist activity emanating from the Gaza Strip in the past decade. Marwan Issa has been named the new commander of Hamas’s military wing. Issa was the deputy of Jabari. Issa headed the Hamas military delegation that traveled to Tehran and Beirut last September and signed secret mutual defense pacts with Iran and Hizbollah. Mr. Jabari (Israel’s OBL) was the first target.
The second phase of the operation was an aerial attack which targeted 20 different targets, all underground, which served as launching pads for various kinds of rockets. So far The IDF has targeted some 70 underground, medium range rocket launching sites in Gaza, and some 200 launching sites in overall. IDF special forces which are already inside Gaza, and another which says that armored battalions are already situated around Gaza, ready to go in. The IDF also deployed more infantry troops to the Gaza Strip, as well as armored combat units that largely comprised Merkava Mark IV tanks fitted with Rafael’s Trophy active protection system that effectively neutralizes the threat of antitank missiles. More and live updates from IDF
The Israel Air Force carried out precision strikes on the bunkers where Fajr-3 and Fajr-5 rockets had been stored as well as on other caches and launching sites, reducing Hamas’ ability to launch these long-range missiles which are capable of hitting Tel Aviv. As in the 2006 Second Lebanon War, which began with Israel destroying Hezbollah’s long-range rockets, the most pressing objective was to deny Hamas (and the Palestinian Islamic Jihad) the ability to disrupt the lives of those in the greater Tel Aviv area and central Israel by means of long-range rockets.
The aim of Operation Pillar of Defense is to remove a strategic threat to Israeli citizens including by reducing the capabilities of Hamas’ long and short range rocket forces. Additionally, Israel is acting to impair Hamas’ command and control system. According IDF all options are on the table, including ground maneuvers. IDF has not yet confirmation that one part of these rockets have been launched from Sinai, Egypt, which would bring new international aspect on the table.
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Underground Fajr-5 launching site/Gaza[/caption]
The role of civilian population in Gaza seems again to be that of cannon fodder and their value only propagandist. Hamas and the other terrorist organizations hide among the civilian population of Gaza. They also direct their fire at the civilian population of Israel. These actions constitute a double war crime.
I well understand that Israel as no other state would allow a million citizens to be targeted by terrorist organizations without responding. Despite Israel left the Gaza Strip in 2005 , Hamas has continued to attack Israel, so one could conclude that they are not fighting against Israel’s (non-existent) presence in Gaza but against Israel’s very existence. Presuming Israel is not about to re-take Gaza permanently, some experts and commentators in Israel have been recommending the latter option.
My view
I realy don’t understand the strategy of Hamas during last weeks. In my opinion Hamas is closing the window of oportunity which was opened this autumn. Arguably one of the most powerful men in modern Arab political affairs, Sheikh Hamad bin Khalifa Al Thani personally broke the politico-economic blockade in place over Gaza. His meeting with Haniyeh, along with the $400 billion he brought with him, is the first event of this kind since the Islamist movement gained power in 2005.
The official visit of an Arab head of state in Gaza should be considered as a trigger of a developing inclination which will likely alter the Israeli-Palestinian equation. Along with Qatar, Sheikh Al Khalifa, Bahrain’s ruler, is rumored to prepare his own trip to the Gaza Strip. This would in fact echo an implicit blessing of the Saudi royal family in regards of a new policy aimed at effectively fracturing the Arab-Palestinian relations.
In my opinion these visits could give both a recognition and the boost for Hamas to show political leadership in Gaza. To be recognized as political force – instead to be a terror organization – Hamas could be the partner to negotiate a peace deal with Israel. However Hamas made opposite choice, it started again a military campaign. The reasons for this are unknown to me but might it be so, that Hamas has lost control to more aggressive organizations?
In addition to these diplomatic shifts, Prince Hasan Bin Talal of Jordan stated at the beginning of the month of October that the West Bank is historically linked to the Hashemite Kingdom, thus opening the road again to the integration of these territories to Jordan. By empowering Hamas, Al Thani may be successful in terminating the two–state solution while providing to the Jewish state the possibility to have a multi-faceted approach toward peace negotiations, directly separating the talks with the West Bank from the ones with Gaza, effectively opening the road to a three–state solution. Palestinian statehood in Judea and Samaria would be possible through mutual recognition and far reaching security agreements. Such a deal should no longer be attached to the situation in the Hamas-ruled Gaza strip.
The history of Gaza conflict is known. Israel left the Gaza Strip down to the last soldier, settler and to the last square mile. Hamas, an organization committed to the destruction of Israel, seized control of Gaza. Since the rocket fire continued, an (light) embargo was put in place. Hamas and its satellite organizations proclaim war without end, fire rockets at population centers. The Palestinians could have taken advantage of Israel’s departure from the Gaza Strip in order to prove to the world that they are capable of doing something for themselves – in human development, industry, education, social welfare, etc. Capital is flowing but it is hard to see it on grassroots. But Hamas leadership seems to have different priorities than capacity building of civil society. From my point of view this is their fatal miscalculation.
Some of my related articles:
- Palestinians Put Jordanian Option on the Table
- PaliLeaks, land swaps and desperate search of peace,
- The Three-State Option could solve Gaza Conflict
- The Third Intifada – To Fade or Escalate
- Israeli-Palestinian Conflict – Negotiation Slot for a Month
,
" data-orig-size="" data-image-title="Hamas Miscalculated: Israel Started Operation Pillar of Defense" data-orig-file="" data-image-meta="[]" width="150" data-medium-file="" data-permalink="https://arirusila.wordpress.com/?p=2631" alt="logo3-dreuz" height="53" class="alignleft size-thumbnail wp-image-2631" data-large-file="" />In a historical trial, the 3rd Chamber of the Court of Appeal of Versailles declared in 2013 that Israel is the legal occupant of Judea and Samaria. As this groundbreaking ruling escaped the media’s awareness, a pro Israel activist – Jean-Patrick Grumberg – has worked to bring this “old news” to light. “I decided to put to work my years of Law Studies in France, and I meticulously analyzed the Court ruling,” Jean-Patrick Grumberg wrote and continuedTo make sure I did not overestimate my legal abilities and that I wasn’t over optimistic – as usual-, I submitted my analysis and the Court papers to one of the most prominent French lawyer, Gilles-William Goldnadel, President of Lawyers without borders, to receive his legal opinion. He indeed validated my finding. Then I decided to translate it to English, and it will soon be submitted to Benjamin Netanyahu thru a mutual friend.
The main source of following description is the article in Dreuz.info – Israël est l’occupant légal de la Cisjordanie, dit la Cour d’appel de Versailles , Publié par Jean-Patrick Grumberg le 25 décembre 2016 – with help of the report by United with Israel about the case.
The story goes back to the ’90s, when Israel began work for for the construction of the Jerusalem light rail. The tender was won by French companies Veolia and Alstom. The light rail was completed in 2011, and it crosses Jerusalem all the way through the city. Following this, the PLO/ the Palestinian Authority and Association France Palestine Solidarité (AFPS), filed a complaint with the Tribunal de Grande Instance of Versailles France, against Alstom and Veolia, because according to PLO, the construction of the tram was illegal since the United Nations (UN0, the European Union (EU) and other governments consider Israel’s presence there illegal. The Court of Appeal of Versailles ruled that Israel’s presence in Judea and Samaria is unequivocally legal under international law, dismissing a suit brought by the Palestinian Authority (PA) against Jerusalem’s light rail built by French companies Alstom and Veolia. To rule on the suit, the Court of Appeals had to determine the legal rights of Palestinians and Israelis in the region. Their conclusion was that the Palestinians have no right – in the international legal sense – to the region, unlike Israel, who is legitimately entitled to all land beyond the 67 line.
It is said that the court decision is only marginally significant for a debate about the legality of Israel’s actions in the West Bank and East Jerusalem as it’s only talking about transport infrastructure, not e.g. about settlements. However in trial the PLO, explaining that the occupation is illegal, claimed that Israel is violating: Articles 49-6 and 53 of the Geneva Convention, Articles 23, 27 and 46 of the Regulations annexed to the Fourth Hague Convention of 1907, Article 4 of the Hague Convention of 14 May 1954. Article 27 of the Hague Regulations of 1907, Article 5 of the Convention IX of the 1907 Hague. and Article 53 of Additional Protocol 1 to the Geneva Conventions.
So in order to rule whether the light rail’s construction was legal or not, the court had to review the texts of international law and examine international treaties in order to establish the respective legal rights of the Palestinians and the Israelis.
The Versailles Court of Appeal rejected all the Palestinian arguments. Referring to the texts on which the PLO claim is based, the Court of Appeal considers that Israel is entitled to ensure order and public life in the region, and therefore Israel has the right to build a light rail, infrastructure and dwellings. All the international instruments put forward by the PLO were acts signed between states, and the obligations or prohibitions contained therein are relevant to states. Neither the PA nor the PLO are states, and therefore, none of these legal documents apply to them.
The Court of Appeal therefore sentenced the PLO and Association France Palestine Solidarité (AFPS), who was co-appellant, to pay 30,000 euros ($32,000) to Alstom, 30,000 euros to Alstom Transport and 30,000 euros to Veolia Transport. Neither the PLO nor the Palestinian Authority nor the AFPS appealed to the Supreme Court, and therefore the judgment became final. This is the first time that a Court has legally destroyed all Palestinian legal claim that Israel’s occupation is illegal.
