According to the opinion of anti-Semites, and also according to the opinion of most of the American Jews who voted for Obama and Clinton, the Jewish settlements of Judea and Samaria are placed in the occupied territory of Palestine. Our enemies (and even a part of our friends and neutrally minded people) refer to the 4th Geneva Convention. They argue, that Israel violated the Geneva Convention, that the Jews settled in the West Bank illegally, live there and raise children illegally. That houses of settlers should be destroyed, and they must be evicted from those cities and villages, where most of settlers were born and raised up.
But I believe, that such an opinion is baseless. Me personally insist, that all existing Jewish settlements of Judea and Samaria are legal under international law, so the transfer of Jews from Judea and Samaria, which all anti-Semites seek, will be completely illegal.
Well, let’s analyse the situation from legal point of view. The only legal argument for «illegality» of the Jewish settlements in the «occupied» («controlled», autonomous, independent Palestinian) territories is one sentence of paragraph 49, «IV Geneva Convention (IV GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF 12 AUGUST 1949). Here is the sentence: «The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies». Let’s consider, how this provision is applicable to the West Bank, where all Jewish settlements in dispute are placed.
After creation (1948) of independent Jewish state (which occupies just 17% of original British Mandate of Palestine), Jordan and Egypt occupied Palestine up to 1967. They didn’t create there the Palestinian State, so violating the UN General Assembly resolution from 1947 (Partition resolution). Jordan formally annexed the West Bank (however, nobody recognized this annexation). Egypt didn’t annex Gaza but didn’t create Palestinian state in Gaza, too. The Palestine government, created in Gaza by infamous Amin al Husseini, didn’t obtain financial and political support, and was dissolved.
In 1967, Israel liberated Palestine from the Jordanian and Egyptian occupation, and concluded a ceasefire agreements with Jordan and Egypt. West Bank and Gaza came under Israel’s legal management under the name «controlled» (not occupied) territories. This way the 1949 Armistice line ceased to exist, it was replaced by 1967 line along Jordan river and Suez Channel line. These lines included all the West Bank and Gaza into Israel borders.
The 242 Security Council resolution (22.11.1967) demanded Israel’s withdrawal from (Arab States’) territories, but didn’t specify to what a line we should withdraw. Instead, the Security Council proposed «acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force». Namely, Arab states and Israel should establish peace and mutually recognized borders through mutually signed agreements. The 242 resolution didn’t mention Palestine, at all.
But the Arab states refused to obey the 242 resolution, refused to recognize Israel’s right to exist, and continued their war for annihilation of Israel (with USSR assistance). Palestinian paramilitary and political organisations (FATAH etc) participated this aggressive war, and proclaimed annihilation of Israel as their goal. This period (1967-1993) no Palestinian organisation was ready to conclude peace treaty with Israel. Therefore, the Palestinian state wasn’t created from 1967 up to 1993. Not the legal government nor the legal borders of Palestine were established. After all, to create a state, and to establish its borders, peace agreement is inevitable, and this is what SC resolution 242 was about. Otherwise, the boundary is established de-facto, for example by the the armistice line. So, because of their incessant attempts to annihilate the Jewish State, the Palestinians have disabled both peace and the creation of Palestine State in the West Bank and Gaza.
After all, Israel didn’t take these territories from the non-existing Palestinian State, nor from Palestinian paramilitary organisations. The Arab states captured Palestine illegally, then abandoned it, while Palestinians didn’t enter these territories, just because of their attempts to annihilate Israel. This way, Israel turned the only «Power», legally responsible for the West Bank and Gaza. Nobody knew, where the future «secure and recognized border» should be placed. Israel reasonably insists, up to this day, that such a «secure border» must be placed along the Jordan river. On their side, the Palestinians refuse to establish any legal border. Up to this day, most of Palestinians vote for HAMAS’ Charter, that is for annihilation of Israel, namely no «secure and recognized» border.
But let’s return to the 1949 Geneva Convention. It deals with «Powers» (namely States) participating conflict. The 242 SC resolution has abolished the pre-1967 armistice lines. Palestine turned disputed territory with undefined boundaries. Such a territory isn’t «occupied» territory, by definition. The militant organisations, acting from third states’ territory, aren’t «government». And even Palestinian Autonomy, established by the State of Israel in 1993, by no means is «occupied territory». So the West Bank could not be considered occupied in the period between 1967 and 1993, and later, up to this day. Obviously, the requirement of the Geneva Convention (not to transfer the civilian population to the occupied territory) couldn’t be applied to the West Bank and Gaza, which weren’t and aren’t «occupied territories».
Let’s imagine, that the international community would apply «Israel rule» to all disputed territories of the World. So, India and Pakistan, former Yugoslavian states Croatia, Serbia, Kosovo, Falkland islands, few Caucasian republics, Ukraine and Russia, few African states, etc, etc, would be required to transfer millions of people, otherwise the sanctions would hit the respective states.
True, Israel didn’t annex Palestine lands, out of two reasons. First, we sincerely seek peace, based on compromise. Secondly, annexing Palestine would turn citizens of the Jewish State millions of Palestinians, hungry for Jews’ blood, aliens, endangering our lives. For 2.000 years Jews were beaten minority. Now, we desire to be majority. Let’s give look at South Africa example. 25 years after White South Africans passed the rule to Black elite, Apartheid turned even stronger. Simply, the Whites found themselves imprisoned in their luxurious concentration camps. We are unwilling to go the same path.
In 1981 Egypt signed with Israel famous Camp David peace, and established border, which excluded Gaza from Egypt. According to the Camp David agreement, Israel made a commitment to create Palestinian autonomy which later would turn the Palestinian state, under condition, that the Palestinians will recognize the Jewish State.
Of course, autonomy cannot be considered an occupied territory. The state has the right to keep the army on its territory, and settlers do not violate the requirements of the Geneva Convention, especially since they mostly settled there long before the autonomy was created. Actually, the Camp David Agreement recognized (temporary) sovereignty of the State of Israel over the West Bank and Gaza. Signing this agreement, Egypt and the USA recognized the legacy of all Jewish settlements. In exchange for this recognition, Israel destroyed Jewish settlements in Sinai, and passed Sinai to Egypt. So, the requirements of the SC 242 resolution were fulfilled by Israel and Egypt.
In 1992, Jordan declared a «disengagement» from the West Bank, and in 1994 signed a peace treaty with Israel. The border between the two states was established along the Jordan River. This is the legitimate border of Israel and Jordan. According to this agreement, the West Bank remained under Israeli jurisdiction.
Thus, when the Jews settled in Judea, Samaria and Gaza (1967-1993), these territories weren’t «occupied». The previous occupiers, Jordan and Egypt, finished their occupation, while the state of Palestine did not yet emerged. The Palestinian state was created by Israel in 1993, due to the Oslo accords. This way, Israel fulfilled its obligation from Camp David agreement.
Thus, between 1967 and 1993, Israel wasn’t «occupier» but the only legitimate owner of the territory of the West Bank and Gaza. The citizens of Israel and Jews from abroad had legal right to settle this territory, without violating any laws. And just during this period were established all Jewish settlements of the West Bank and Gaza. The land on which Jewish settlements are located was owned by the State of Israel. Settlements were created only on the State lands, not on the lands owned privately by Arabs.
The Government of Israel believes that this status of autonomy remains up to this day, however many disagree with such approach. The Palestinian Authority waging war against the «mother» state of Israel aiming to destroy it, (and recognized by the most of the states of the World), is more independent in its actions than Israel. Practically, it is an independent state. It is time to recognize the factual independence of Palestine. The question that remains, what are boundaries of this state?
The Palestinian state was created not by Arabs, but by Israel, in accordance with the Oslo agreements (1993). The ingratitude of the Palestinians, who broke the Oslo agreements, bite the giver’s hand, and even try to annihilate us, is especially striking. In another hand, whether we like this agreement or not, there was no other agreement between Israel and Palestine. Any court that will take up the dispute between Israel and Palestine, will have to rely on these agreements. The Oslo agreements meant Palestinian recognition of all Jewish settlements.
The international law considers legal the border, that the parties established in the last of all delimitation agreements. In our case, this is the Wye Plantation Agreement of 1998. Hence, the legal border between Israel and Palestine was established by the 1998 agreement, signed by Benjamin Netanyahu and Yaser Arafat. According to this agreement, territory «C», where all Jewish cities and villages of Judea and Samaria are located, remained under the jurisdiction of Israel, while zones «A» and «B» belong to Palestine Autonomy.
In accordance with international law, it is this, last of all delimitation lines, which determines the only legitimate boundary of Palestine. Consequently, Israel has the legal right to annex the territory of zone «C», not to mention that small part of this zone occupied by Jewish settlements, which we call Judea and Samaria. And even if You do recognize independent (not autonomous) Palestine, established due to Oslo process, how do You not recognize Palestine agreements with Israel? Without dispute, Oslo agreements have legalized one more time all Jewish settlements, placed in the «C» zone, while all settlements established in the occupied Palestine territory (zones «A» and «B») were destroyed, despite of the fact, that these were established legally.
According to the Oslo agreements, Israel withdrew its army from «A» and «B» zones. But in 2001, Palestinian authority broke all the agreements, and launched a rampant terrorist war against the Jewish State, specifically targeting civil population, and aiming the destruction of Israel. In the course of this war, which continues up to this day, the Palestinians have performed numerous war crimes. We were forced to re-occupy West Bank Palestine, to suppress terror, and to build Protective fence, which protects civil population from terrorist incursions.
Thus, in the course of Operation Defensive Shield (2002) Israel did occupy Palestinian autonomy, for the first time in its history. From the point of view of the law, the occupation of Palestine (zone «A» and «B») began in 2002. It was a forced step. Abusing their newly created autonomy state for the purpose of terrorist aggression, the Palestinians literally forced Israel to occupy Palestine. Occupation for the purpose of self-defense isn’t not violation of the UN Charter or any international law. Only Palestinians and their anti-Semitic patrons are guilty of this forced occupation, which will be inevitable up to the moment, when the Palestinian People will abandon their attempts to genocide Jews. In addition, we shouldn’t be accused of violating the Geneva Convention in the actually occupied territory of Palestine, since there’s no one Jewish settlement.
In 2005 Israel tried «Disengagement», and demolished all Jewish settlements in zones «A» and «B», despite of the fact, that these settlements were legal. It seems that Ariel Sharon conceived a «disengagement» with the purpose to prepare ground for independent Palestinian State, by implementing the the Oslo Accords unilaterally. Practically, racist apartheid demand of the Palestinians to cleanse Palestine from the Jews, was fulfilled by Israel in 2005. The Jewish settlements that existed in zone «A» (Gaza and the West Bank) were cleansed, so Palestine Autonomy became «Judenfrei».
The Palestinian People interpreted unilateral Israel’s withdrawal, and especially the self-destruction of completely legal Jewish settlements, as Allah’s encouragement to repeat Muhammad’s deeds from 7-th century. Muhammad ruined Jewish settlements of Medina and of Haibar, murdered and expelled the Jews. Therefore, the Palestinians voted for Islamist HAMAS, which proclaim destruction of Israel through the war. HAMAS captured de-militarized Gaza and turned it military stronghold, designed to serve destruction of Israel. Using Gaza population as its shield, Hamas builds rocket force for the extermination of the Jews. Hamas military-political grouping is preparing to join the external anti-Semitic aggression, aimed at genocide of the Jews. The Palestinians refuse to negotiate peace with Israel under any terms. The Palestinian people support Hamas and demand the destruction of Israel.
Since the Palestinians do not want to live with us in peace, and instead are trying to destroy us with the help of foreign anti-Semites, we have the right to unilaterally implement the Oslo Accords. That is, to recognize the existing autonomy as independent state of Palestine on the territory designated as zones «A» and «B», and to proclaim a state of war on this state. Having realize, that HAMAS proclaimed the war on Israel and refuses any peace, we may recognize the factually existing Islamo-fascist Hamas’ State in Gaza (just like we recognize Iran islamo-fascist State), and to proclaim war on this aggressive state. And finally, we should annex unilaterally zone «C» (Judea and Samaria), which would remain under sovereignty of Israel until the peace treaty will be signed by both parties, and mutually recognized boundary established. If it is the case, all «Zone C» inhabitants would obtain Israeli citizenship. I suppose, that Arabs living there, will became gladly Israeli citizens.
Conversely to occupied Palestine autonomy, Zone «C» («Judea and Samaria», where all Jewish settlements are located) cannot be considered an occupied territory, up to this day. We possess it according to the Oslo agreements, on a legal basis. So, the Jewish settlements of Judea and Samaria do not violate the requirements of the 1949 Geneva Convention. Me personally believe that this zone should be annexed while granting Israeli citizenship to all its inhabitants, Jews and Arabs. If this territory is not annexed, then it will retain the status of the «possession», not included in the boundaries of the State, namely colony. Such a status is undesirable from our own interest, and causes complaints not only from our enemies, but also from our friends.
Gaza couldn’t be considered an occupied territory since 1981, when Camp David agreement was concluded, and Egypt formally recognized Palestine an autonomy under Israeli jurisdiction. After 2005 unilateral withdrawal and «Disengagement», all we should do from legal point of view, is to recognize Gaza independent. Naturally, we must continue to resist HAMAS/Gaza aggression by all means that we apply today, or even more.
Throughout its history, the State of Israel is committed to a peace based on compromise. When the Palestine Liberation Organization agreed to negotiate peace, Israel signed Oslo agreements and created a Palestinian state. It is not our fault that the Palestinians violated these agreements and misused the Palestinian state (created by Israel) with the purpose to try extermination of the Jews. Today, most of the Israelis vote against the «peace now» because the Palestinians do not want peace and seek annihilation of Israel. We learned, that concessions provoke Islamist appetite to annihilate Israel.
Israel has never violated the Geneva Convention. Jewish settlements were established legally and continue to exist up to this day on a legal basis. Settlers are «clean» from the point of view of international law. All demands to evict the Jews from Judea and Samaria are racist and illegal. Economic sanctions and other forms of persecution of settlers are illegal. European or UN sanctions are illegal. BDS is an anti-Semitic movement breaking the laws. Divestment and sanctions are means of unjust antisemitic war, and collective punishment of the Jews because of being Jews. I believe, that BDS movement must be outlawed. The tycoons who promote it, first of all George Soros, should be brought under law court.
The «unanimous» anti-Israel UN resolutions contradict UN Charter and international law, these are illegal and immoral. These resolutions only disclose globalist antisemitism.
Contrary to the claims of anti-Semites, Jewish settlers in Judea and Samaria did not violate any international or local laws. So they should have all the human rights prescribed to any other people, including the right to live in their homes, built in full compliance with laws. The demands of anti-Semites to cleanse Jews from Judea and Samaria, are immoral and illegal.
All Israelis, all Jews and all honest people, have a moral duty to protect the Jews of Judea and Samaria from persecutions, to recognize their legitimate rights, including the right to live in their homes on their land. No to sanctions, no to BDS — this is what any honest and sensible person has to say.
The only «legitimate» reason for the ethnic cleansing of Judea and Samaria from the Jews doesn’t pass a legal examination. The only reason for the non-recognition of human rights for Jews of Judea and Samaria, including the right to live at home, is racist anti-Semitism.
The demand to forcibly evict Jews from their homes means a genuine Palestinian apartheid. Why cannot Palestinians live peacefully together with Jews in Gaza and the West Bank, in the independent state of Palestine? Why do they demand that Jews be evicted or killed, first in Judea and Samaria (Fatah’s demand), and then all over Israel (Hamas’ demand)? And why are the alleged anti-apartheid fighters (American Democrats, the European Parliament and many others) supporting the racist apartheid demand of Palestinians to ethnically cleanse the Jews? Why did the Irish Parliament prohibit the import of goods produced by Jews in Judea and Samaria? They enforce anti-Semitic apartheid! It is Palestine that demands and enforces apartheid, with the broad support of anti-Semites. It is the corrupted UN that decides to illegally evict the Jews from their homes!
From the point of view of morality, the Jews of Judea and Samaria are the best part of the Jewish people. They tried to settle as many lands as possible not for the sake of their own enrichment, but for the sake of those Jews who need refuge from persecution. Defeat of settlers means in practice, that the idea of a state of asylum for the Jews has already failed. The Jews of Europe, the USA, Australia, Latin America and other countries, who may want to leave these countries just because of the anti-Israeli Islamist, Globalist, «pro-Palestinian” anti-Semitic assault, will have to find a more secure and spacious refuge, than Israel. Israel played its role, as far as it could. Zionism has ended, forcibly. Now, we have to create another, alternative Jewish state of asylum.
The settlers need our protection and solidarity. Our moral duty is to protect them. It is necessary to create a worldwide solidarity movement that will explain to us and the whole World how Palestinian anti-Semitic apartheid is immoral, and that the Jews of Judea and Samaria became a victim of this apartheid. If the annexation of settlements will help protect the Jews of Judea and Samaria from treachery and persecution, long live annexation! Such an annexation is legitimate and morally justified. Since the Palestinians leave no other choice, we must annex unilaterally at least the settlements of Judea and Samaria. This means that the rest of zone «C» must pass under the effective civilian control of Palestine.
Another way to get out of the trap prepared for us by the Palestinians together with external anti-Semites, is annexation of whole Zone “C”, while granting Israeli citizenship to the Arabs living at this zone. I would prefer just this last, strictly anti-apartheid solution.
The Palestinians have closed for us the way of compromise. The already discussed idea of an exchange of territory with Palestine, in particular the idea of »Judea and Samaria in exchange for the Gaza Environs», cannot be performed, because Hamas wages war from Gaza. HAMAS refuses any compromise resolutely. Expanding Gaza Hamas’ State will endanger our existence.
Any Trump Peace Plans will crash while confronting Palestine realities. Leading Palestine party is HAMAS, which rejects any compromise. Mahmoud Abbas has lost his influence. The Palestinian authority has no authority. Any «treaty» with Mahmud Abbas would unviable, while treaty with HAMAS is impossible.