Europe, the Green Line and the Issue of the Israeli-Palestinian Border: Closing the Gap Between Discourse and Practice?
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The-Legal-Status-Of-East-Jerusalem.Pdf
December 2013 Written by: Adv. Yotam Ben-Hillel Cover photo: Bab al-Asbat (The Lion’s Gate) and the Old City of Jerusalem. (Photo by: JC Tordai, 2010) This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position or the official opinion of the European Union. The Norwegian Refugee Council (NRC) is an independent, international humanitarian non- governmental organisation that provides assistance, protection and durable solutions to refugees and internally displaced persons worldwide. The author wishes to thank Adv. Emily Schaeffer for her insightful comments during the preparation of this study. 2 Table of Contents Table of Contents .......................................................................................................................... 3 1. Introduction ........................................................................................................................... 5 2. Background ............................................................................................................................ 6 3. Israeli Legislation Following the 1967 Occupation ............................................................ 8 3.1 Applying the Israeli law, jurisdiction and administration to East Jerusalem .................... 8 3.2 The Basic Law: Jerusalem, Capital of Israel ................................................................... 10 4. The Status -
• International Court of Justice • • • • •
• • • INTERNATIONAL COURT OF JUSTICE • • • • • . Request for an • Advisory Opinion on the • Legal Consequences of the • Construction of a Wall • in the Occupied Palestinian Territories • • WRITTEN STATEMENT SUBMITTED BY • THE HASHEMITE KINGDOM OF JORDAN • • • • 30 January 2004 • • • • • TABLE OF CONTENTS • 1. Introduction • Il. General background • III. Immediate background • IV. Relevant facts V. Relevant legal considerations • (a) The Court' s jurisdiction • (i) The request raises a legal question which the Court has jurisdiction ta answer • (ii) There are no compelling reasons which should lead the • Court ta refuse ta give the advisory opinion requested of it. • (b) Applicable legal principles (i) The prohibition of the use of force, and the right of seIf- • determination, are Iules of ius cogens (ii) The territory in whîch the wall has been or is planned to be • constructed constitutes occupied territory for purposes of international law • (lii) The law applicable in respect of occupied territory limîts • the occupying State's power$ (iv) Occupied territory cannot be annexed by the occupying • State • (c) Applicable legal principles and the construction of the wall (i) The occupying State does not have the right effectively to • alIDex occupied territory or otherwise to alter its status (ii) The occupying State does not have the right to alter the • population balance in the occupîed territory by estabIishing alien • settlements • ->- :.• 1 1. • -11- (iii) The occupying State lS not entitled in occupied territory to construct a wall -
Camp David's Shadow
Camp David’s Shadow: The United States, Israel, and the Palestinian Question, 1977-1993 Seth Anziska Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2015 © 2015 Seth Anziska All rights reserved ABSTRACT Camp David’s Shadow: The United States, Israel, and the Palestinian Question, 1977-1993 Seth Anziska This dissertation examines the emergence of the 1978 Camp David Accords and the consequences for Israel, the Palestinians, and the wider Middle East. Utilizing archival sources and oral history interviews from across Israel, Palestine, Lebanon, the United States, and the United Kingdom, Camp David’s Shadow recasts the early history of the peace process. It explains how a comprehensive settlement to the Arab-Israeli conflict with provisions for a resolution of the Palestinian question gave way to the facilitation of bilateral peace between Egypt and Israel. As recently declassified sources reveal, the completion of the Camp David Accords—via intensive American efforts— actually enabled Israeli expansion across the Green Line, undermining the possibility of Palestinian sovereignty in the occupied territories. By examining how both the concept and diplomatic practice of autonomy were utilized to address the Palestinian question, and the implications of the subsequent Israeli and U.S. military intervention in Lebanon, the dissertation explains how and why the Camp David process and its aftermath adversely shaped the prospects of a negotiated settlement between Israelis and Palestinians in the 1990s. In linking the developments of the late 1970s and 1980s with the Madrid Conference and Oslo Accords in the decade that followed, the dissertation charts the role played by American, Middle Eastern, international, and domestic actors in curtailing the possibility of Palestinian self-determination. -
Hamas Ceasefire Proposal: Peace Or Pause? | the Washington Institute
MENU Policy Analysis / PolicyWatch 447 Hamas Ceasefire Proposal: Peace or Pause? Mar 16, 2004 Brief Analysis as the radical Palestinian Islamist organization Hamas adopted a new, more moderate view on peace with H Israel? In recent months, elite news organizations—from the Economist to National Public Radio—have highlighted interviews by Hamas leaders such as founder Shaykh Ahmed Yassin suggesting a willingness on the part of the organization to negotiate a "long-term truce" with Israel. On December 1, 2003, Yassin declared that Hamas was "ready to reach or to go with this enemy [Israel] into a long-term . truce. But the enemy . must pull out from all the Palestinian territories and . remove all shapes and kinds of occupation." Given that as a movement, Hamas embodies fundamental hostility to the idea of a Jewish state in Palestine, and that the organization has claimed responsibility for dozens of suicide bomb attacks (attempted and successful) both inside and outside the Green Line, these media outlets take heart from what appears to be a newfound pragmatism in the organization's approach. Such a policy, some journalists note, would help Hamas push aside Yasir Arafat's Palestinian Authority and emerge as the principal Palestinian interlocutor in negotiations with Israel. In reality, however, Hamas truce offers are not new. Hamas has, in fact, proposed a ceasefire with Israel no fewer than eleven times since 1993. In most cases, these offers have served to deflect massive Israeli retaliation against the group's leadership in response to a Hamas terrorist act. On at least three occasions, Hamas proposals have included tacit acceptance of a Palestinian state in the West Bank and Gaza, rather than "from the river to the sea," i.e., accepting Israel within its Green Line borders. -
Israel and the Palestinians: Background Memorandum on U.S
MEMORANDUM February 12, 2020 Subject: Israel and the Palestinians: Background Memorandum on U.S. Peace Plan From: Jim Zanotti, Specialist in Middle Eastern Affairs, [email protected], 7-1441 This memorandum was prepared to enable distribution to more than one congressional office. Issue Overview President Trump released a long-promised “Peace to Prosperity” plan for Israel and the Palestinians on January 28, 2020,1 after obtaining expressions of support from Israeli Prime Minister Binyamin Netanyahu and Netanyahu’s main political rival Benny Gantz. The release and Netanyahu’s announced intention to annex parts of the West Bank might affect a closely-contested Israeli election scheduled for March 2—the third in the past year pitting Netanyahu (who has been indicted on corruption charges) and Gantz against one another (see “Possible Annexation and Israeli Domestic Politics” below).2 The West Bank has been subject to Israeli military administration since its capture from Jordan in the 1967 Arab- Israeli war. Members of Congress have had mixed reactions to the plan,3 which has been widely seen as favoring Israeli positions more than past U.S. efforts on core issues of Israeli-Palestinian dispute.4 For a summary of previous U.S. efforts on peace, see Appendix A. Prospects for holding negotiations seem dim given concerted opposition from Palestinian leaders. President Trump has said that the Palestinians would have four years to satisfy the plan’s conditions for 1 White House, Peace to Prosperity: A Vision to Improve the Lives of the Palestinian and Israeli People, January 2020, available at https://www.whitehouse.gov/wp-content/uploads/2020/01/Peace-to-Prosperity-0120.pdf. -
Inside Israel (Armistice Line [Green Line] of 1948–49) 1967-Occupied Arab Territories
Inside Israel (Armistice Line [Green Line] of 1948–49) 1967-occupied Arab Territories Part III Article 2 A. Measures to eliminate racial discrimination 1. Measures preventing discrimination by all public authorities and institutions [See Article 4 for a discussion on the judicial, legislative and penal measures taken by the State to eliminate discrimination] Favoured Status for Jewish (“national”) Institutions Nonetheless, both Israel’s state and parastatal institutions exclusively proscribe Palestinians from enjoying the rights and Under the World Zionist Organization/Jewish Agency Status Law freedoms guaranteed to them by international law, and ratified by (1952), major Zionist organizations have special parastatal status. Israel. It is impossible for Palestinians to have fair appeals in Israeli They manage land, housing and services exclusively for the Jewish courts to uphold their rights. A dual system of law discriminates population. As no non-Jewish organizations enjoy similar status, this between Jewish Israelis and indigenous Palestinians based on a yields a vastly inferior quality of life for the indigenous Palestinian constructed status of “Jewish nationality.” This prejudicial Arab community. (More on these mechanisms of material application of law is apparent in all processes of the legal system, discrimination below under the specific rights affected). from the rights to information and fair trial to detention and prison treatment. State policies compound judicial failures by contracting The State party has taken no measures to address the charters or parastatal institutions (WZO, JNF, etc.) to annex and manage the the operations of these parastatal institutions, which form the most properties confiscated from indigenous Palestinians by developing fundamental and pervasive institutional discrimination in the country, and transferring them to possession by “Jewish nationals” in disadvantaging the entire class of indigenous Palestinian Arab perpetuity. -
The Green Line
The Green Line The Green Line is a term used to delineate the demarcation line between Israel, Jordan, Egypt and Syria from the period following Israel’s 1948 InInInIndependependependependendendendencececece W WWWarararar until the 1967 SixSixSixSix Da DaDaDayyyy W WWWarararar when Israel captured the WWWWestestestest Bank BankBankBank, and East JerusalemJerusalemJerusalemJerusalem from Jordan, the GazaGazaGazaGaza Strip StripStripStrip from Egypt, and the Golan Heights from Syria. It is reportedly named for the green pen used by officers negotiating the armistice in 1949 to delineate the borders between the countries. Today, the Green Line refers to the “pre June 1967” line in which Israeli territory does not include the West Bank, East Jerusalem, Gaza and the Golan, as compared to the “post 1967” line which includes all of those areas. It is the boundary that is most often the basis of land-for-peace proposals in Israeli-Palestinian negotiations. The PPPPalestinianalestinianalestinianalestinian A AAAuthuthuthuthorityorityorityority asserts that the territory over the green line (including the entire West Bank, Gaza Strip and East Jerusalem — but not the Golan Heights) should be part of an independent Palestinian state. Israel maintains that the old 1949 armistice lines are indefensible — at its narrowest point from the Mediterranean coast to the demarcation line, Israel is only about nine miles wide. In prior negotiations, Israel has reportedly proposed “land swaps” to modify this line, whereby areas of Israeli territory within the Green Line would be incorporated into a Palestinian state, in exchange for including many of the large Israeli population centers living in settlement blocs within Israel’s permanent boundary. Powered by TCPDF (www.tcpdf.org) 1 / 1. -
Obama Puts the Onus on Hamas, Where It Belongs -- and 1967 Borders, with Swaps, Makes Sense by Matthew Levitt
MENU Policy Analysis / Articles & Op-Eds Obama Puts the Onus on Hamas, Where It Belongs -- and 1967 Borders, with Swaps, Makes Sense by Matthew Levitt May 20, 2011 ABOUT THE AUTHORS Matthew Levitt Matthew Levitt is the Fromer-Wexler Fellow and director of the Reinhard Program on Counterterrorism and Intelligence at The Washington Institute. Articles & Testimony President Obama surprised most observers by publicly recognizing that the primary stumbling block preventing forward movement on the peace process is not settlements, or even the status of Jerusalem or the right of return, but Hamas. t was no surprise that President Obama's Middle East speech included comments about the Israeli-Palestinian I conflict, although these were remanded to the President's concluding remarks in an address otherwise focused on America's commitment to support the democratic aspirations reflected in the revolutions that have swept across the Middle East and North Africa. What did surprise, and runs contrary to the conventional wisdom among many within the chattering classes analyzing the speech, was that the President publicly recognized that the primary stumbling block preventing forward movement on the peace process is not settlements, or even the status of Jerusalem or the right of return, but Hamas. Many commentators quickly seized on the President's call for border negotiations to "be based on the 1967 lines," without noting that he qualified the statement by adding "with mutually agreed swaps, so that secure and recognized borders are established for both states." In fact, border negotiations have in the past been premised on this very formula, using the "Green Line" not as a hard and fast border but as the starting point for negotiations. -
West Bank Area Is 6,195 Km2 (Includes Shomron Northwest Portion of Dead Sea, One-Half of No Man's Land, and All of 3 East Jerusalem Except Mount Scopus)
Israeli to Palestinian See “Map 5a: Afula Area* Km2 % of Baseline† Triangle Detail” A North 18.7 .30% B Northwest 2.2 .04% C Southwest 25.1 .40% Umm Mt. Gilboa D South 13.3 .21% Al-Fahm E Gaza 87.6 1.41% Kafr Qara H Beit Shean F Chalutzah not included not included G Southwest 2 not included not included Umm Jenin H Triangle 146.2 2.36% Al-Qutuf TOTAL‡ 293.1 4.73 % A Palestinian to Israeli H % of Settler % of Total Bloc Km2 Baseline† Population** Settlers 1 North of Ariel 31.0 .50% 11,621 3.89% 2 Ariel 29.6 .48% 19,737 6.60% 3 Western Edge/ 105.3 1.70% 79,687 26.65% B Modiin Illit†† 4 Expanded Ofra/Bet El 26.1 .42% 20,023 6.70% Tulkarem 5 North of Jerusalem 10.9 .18% 15,866 5.31% Qalansawe 6 East Jerusalem 29.1 .47% not included not included Jewish neighborhoods Tayibe 7 Maale Adumim 10.8 .17% 34,600 11.57% H Kfar Adumim 5.8 .09% 2,800 .94% 8 Betar Illit/Gush Etzion 42.8 .69% 54,012 18.06% Tire Kedumim Nablus 9 Southern Edge 1.7 .03% 900 .30% TOTAL‡ 293.1 4.73% 239,246‡‡ 80.01%*** Qalqiliya 1 * Areas considered unpopulated. Alfe Karne Menashe Immanuel † Baseline figure for total Gaza/West Bank area is 6,195 km2 (includes Shomron northwest portion of Dead Sea, one-half of No Man's Land, and all of 3 east Jerusalem except Mount Scopus). ‡ Totals derived from rounding decimal numbers. -
Hamas: Background and Issues for Congress
Hamas: Background and Issues for Congress Jim Zanotti Analyst in Middle Eastern Affairs December 2, 2010 Congressional Research Service 7-5700 www.crs.gov R41514 CRS Report for Congress Prepared for Members and Committees of Congress Hamas: Background and Issues for Congress Summary This report and its appendixes provide background information on Hamas, or the Islamic Resistance Movement, and U.S. policy towards it. It also includes information and analysis on (1) the threats Hamas currently poses to U.S. interests, (2) how Hamas compares with other Middle East terrorist groups, (3) Hamas’s ideology and policies (both generally and on discrete issues), (4) its leadership and organization, and (5) its sources of assistance. Finally, the report raises and discusses various legislative and oversight options related to foreign aid strategies, financial sanctions, and regional and international political approaches. In evaluating these options, Congress can assess how Hamas has emerged and adapted over time, and also scrutinize the track record of U.S., Israeli, and international policy to counter Hamas. Hamas is a Palestinian Islamist military and sociopolitical movement that grew out of the Muslim Brotherhood. The United States, Israel, the European Union, and Canada consider Hamas a terrorist organization because of (1) its violent resistance to what it deems Israeli occupation of historic Palestine (constituting present-day Israel, West Bank, and Gaza Strip), and (2) its rejection of the off-and-on peace process involving Israel and the Palestine Liberation Organization (PLO) since the early 1990s. Since Hamas’s inception in 1987, it has maintained its primary base of political support and its military command in the Gaza Strip—a territory it has controlled since June 2007—while also having a significant presence in the West Bank. -
The Road to Annexation Israel's Maneuvers to Change the Status of the Occupied Palestinian Territory
The Road to Annexation Israel’s Maneuvers to Change the Status of the Occupied Palestinian Territory A Briefing Paper Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists (ICJ) promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems. Established in 1952 and active on the five continents, the ICJ aims to ensure the progressive development and effective implementation of international human rights and international humanitarian law; secure the realization of civil, cultural, economic, political and social rights; safeguard the separation of powers; and guarantee the independence of the judiciary and legal profession. ® The Road to Annexation - Israel’s maneuvers to change the status of the Occupied Palestinian Territory © Copyright International Commission of Jurists Published in November 2019 The International Commission of Jurists (ICJ) permits free reproduction of extracts from any of its publications provided that due acknowledgment is given and a copy of the publication carrying the extract is sent to their headquarters at the following address: International Commission of Jurists P.O. Box 91 Rue des Bains 33 Geneva Switzerland The Road to Annexation Israel's maneuvers to change the status of the Occupied Palestinian Territory A Briefing Paper 1 Table of Contents 1. Introduction ......................................................................................................................................... -
The Repercussions of Partial Or Full West Bank Annexation by Israel
THE REPERCUSSIONS OF PARTIAL OR FULL WEST BANK ANNEXATION BY ISRAEL Gilead Sher Isaac and Mildred Brochstein Fellow in Middle East Peace and Security in Honor of Yitzhak Rabin Daniel Cohen Intern, Center for the Middle East November 2019 © 2019 Rice University’s Baker Institute for Public Policy This material may be quoted or reproduced without prior permission, provided appropriate credit is given to the author and Rice University’s Baker Institute for Public Policy. Wherever feasible, papers are reviewed by outside experts before they are released. However, the research and views expressed in this paper are those of the individual researcher(s) and do not necessarily represent the views of the Baker Institute. Gilead Sher Daniel Cohen “The Repercussions of Partial or Full West Bank Annexation by Israel” The Repercussions of Partial or Full West Bank Annexation by Israel Executive Summary More than 50 years after Israel’s sweeping victory in 1967 wrested control of East Jerusalem and the West Bank, among other areas, prospects for negotiating a long-term agreement inclusive of a territorial component between Israelis and Palestinians are as dim as ever. Instead, legislative efforts and public discourse in Israel have increasingly trended toward unilateral annexation of West Bank territory. As this analysis details, extending Israeli sovereignty over any or all Jewish settlements in the West Bank outside the framework of an agreement bears significant risk to Israel’s national security, international reputation, diplomatic and security ties, economic prosperity, and domestic security. In the wake of the murder of 18-year-old Dvir Sorek—a yeshiva student and off-duty soldier found stabbed to death by Palestinian terrorists on August 8, 2019, near a Gush Etzion settlement— outpourings of grief were accompanied by numerous calls for West Bank settlement construction and annexation.