Wednesday, December 29, 2010

Legally Held Disputed Territories

That's the term for Judea and Samaria.

That's what Eli Hertz writes.

Excerpt:

Neither the 1993 "Oslo I" (the Declaration of Principles) nor the 1995 Oslo II (Interim Agreement) stipulate that the construction of settlements, neighborhoods, houses, roads or other building projects cease - pending a peacefully negotiated final settlement between the parties...Calls for a freeze on Jewish construction in the Territories - while Arab construction continues unfettered, are unfair - all the more so, in light of the fact that Jews were forcibly expelled from these Territories in 1948.


Legalities aside, before 1967 there were no Jewish settlements in the West Bank and for the first ten years of so-called "occupation" there were almost no Jewish settlers in the West Bank. And still there was no peace with the Palestinian Arabs. The notion that Jewish communities pose an obstacle to peace is a red herring...

Because the Arabs were clearly the aggressors, nowhere in UN Security Council Resolutions 242 or 338 - the cornerstones of a peace settlement - is Israel branded as an invader or occupier of the Territories and there is no call for Israel to withdraw from all the Territories...
Professor, Judge Schwebel, a former president of the International Court of Justice, wrote in What Weight to Conquest:

"Where the prior holder of territory [Jordan] had seized that territory unlawfully; the state which subsequently takes that territory in the lawful exercise of self-defense [Israel] has against that prior holder [a] better title.



"As between Israel, acting defensively in 1948 and 1967, on the one hand, and her Arab neighbors, acting aggressively, in 1948 and 1967, on the other, Israel has the better title in the territory of what was Palestine, including the whole of Jerusalem."
 Is that clear?

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