In 1948 Israel lost some of its legal territory – Judea and Samaria – to Arab aggression. In 1967, Israel recovered its lost territories – Judea and Samaria – after, again, Arab aggression.
Zionism, the national liberation movement of the Jewish people has built and is building the state of Israel.
Without Judaism, Zionism fades away. History has proven this to be correct.
Under the Zionism mantra, since 1967, good Jews have been building and settling the land of Judea and Samaria that was not in its owner’s – Israel – hands from 1948 to 1967.
Please print these basic facts and keep them on you at all times:
When anyone, and that includes Barack Obama, John Kerry and Catherine Ashton, accuses Israel that the communities – “settlements” – in Judea and Samaria are illegal, this is what you can say:
By Alan Baker Adv., Ambassador reply to my request.
Expanding on the above, one can choose from the following:
Ten Basic Points: Israel’s Rights to Judea and Samaria
- 1. Sorry, you are wrong and misinformed. Here are the undisputed facts, a lesson you need to learn so we do not hear lies and misinformation again:
- 2. The Israeli communities – “settlements” – in Judea and Samaria a/k/a “West Bank” are completely legitimate and are inherently linked to the undeniable historic, indigenous and legal rights of the state of Israel and the Jewish people in this particular area.
- 3. The Israeli communities – “settlements” – in Judea and Samaria a/k/a “West Bank” do not violate the 1949 Fourth Geneva Convention prohibition on transferring population, which was drafted to prevent the forced mass transfers of millions of people as carried out by the Nazis in the 2nd World War. It is totally irrelevant to Israel’s settlements and was never intended to apply to them.
- 4. No binding international treaty, agreement, resolution or other document determines that the territories belong to, or are “Palestinian.” There has never been a Palestinian sovereign entity. Hence the term “occupied Palestinian territory” is nothing more than wishful thinking of those political elements in the international community that choose to use it.
- 5. The fate of the “territories” – Judea and Samaria – is an agreed-upon bilateral negotiating issue between Israel and the Arab-Palestinians, as are the issues of the border, Jerusalem, settlements and refugees.
- 6. Pending such agreement, Israel continues to fully observe the international norms regarding administration of, and respect for the humanitarian rights of the local Arab population.
- 1. Upon Israel’s taking control of the area in 1967, the 1907 Hague Rules on Land Warfare and the Fourth Geneva Convention (1949) were not considered applicable to the West Bank (Judea and Samaria) territory, as the Kingdom of Jordan, prior to 1967, was never the prior legal sovereign, and in any event has since renounced any claim to sovereign rights vis-a-vis the territory.
- 2. Israel, as administering power, pending a negotiated final determination as to the fate of the territory, nevertheless chose to implement the humanitarian provisions of the Geneva convention and other norms of international humanitarian law in order to ensure the basic day-to-day rights of the local population as well as Israel’s own rights to protect its forces and to utilize those parts of land that were not under local private ownership.
- 3. Article 49 of the Fourth Geneva Convention, prohibiting the mass transfer of population into occupied territory as practiced by Nazi Germany during the second world war, was neither relevant nor was ever intended to apply to Israelis choosing to reside in Judea and Samaria.
- 4. Accordingly, claims by the UN, European capitals, organizations and individuals that Israeli settlement activity is in violation of international law therefore have no legal basis whatsoever.
- 5. Similarly, the oft-used term “occupied Palestinian territories” is totally inaccurate and false. The territories are neither occupied nor Palestinian. No legal instrument has ever determined that the Palestinians have sovereignty or that the territories belong to them.
- 6. The territories of Judea and Samaria remain in dispute between Israel and the Arab-Palestinians, subject only to the outcome of permanent status negotiations between them.
- 7. The legality of the presence of Israel’s communities in the area stems from the historic, indigenous and legal rights of the Jewish people to settle in the area, granted pursuant to valid and binding international legal instruments recognized and accepted by the international community. These rights cannot be denied or placed in question.
- 8. The Arab-Palestinian leadership, in the still valid 1995 Interim Agreement (Oslo 2), agreed to, and accepted Israel’s continued presence in Judea and Samaria, pending the outcome of the permanent status negotiations, without any restriction on either side regarding planning, zoning or construction of homes and communities. Hence, claims that Israel’s presence in the area is illegal have no basis.
- 9. The Arab-Palestinian leadership undertook in the Oslo Accords, to settle all outstanding issues, including borders, settlements, security, Jerusalem and refugees, by negotiation only and not through unilateral measures. The Arab-Palestinian call for a freeze on settlement activity as a precondition for returning to negotiation is a violation of the agreements.
- 10. Any attempt, through the UN or otherwise, to unilaterally change the status of the territory would violate Arab-Palestinian commitments set out in the Oslo Accords and prejudice the integrity and continued validity of the various agreements with Israel, thereby opening up the situation to possible reciprocal unilateral action by Israel.