3rd part of 3
2 This recommendation was made in 2003 by former UN ambassador Dore Gold following international calls for the dissolution of
3 Herb Keinon, "PM: Helping the PA is ‘Risky, but Necessary'," Jerusalem Post, online edition, June 23, 2007 (http://www.jpost.com/servlet/Satellite?cid=1182409630511&pagename=JPost%2FJPArticle%2FShowFull).
4 Aluf Benn, "Minster Confirms Gov't Sent Message to
5 Benn, "PM Mulls."
6 Israeli withdrawal and subsequent full Palestinian control has transformed
7 Address by Prime Minister Ariel Sharon at the Fourth Herzliya Conference,
8. Lt.-Gen. Moshe Yaalon, "The Second
9 September 29, 2005, marked five years since the outbreak of the violent confrontation. In its course 26,159 terrorist attacks had been perpetrated against Israeli targets, leaving 1,060 Israelis dead and 6,089 wounded, http://www.terrorism-info.org.il/malam_multimedia/html/final/eng/eng_n/pro_13_10_e.htm.
10 Dore Gold, "Europe's Consistent Anti-Israel Bias at the United Nations," in Manfred Gerstenfeld, ed.,
11 See Amnesty International 2007 Report, http://thereport.amnesty.org/document/15.
12 Ha'aretz News Service, "Israel Condemns U.K. Academic Boycott Bid as ‘Scandalous'," Ha'aretz, May 31, 2007, http://www.haaretz.com/hasen/spages/865462.htm.. This latest British boycott followed the one in early 2007 by
13 Cnaan Lipshitz, "
15 "Battle for
16 CBS News interview with Harry Smith, November 28, 2006, http://www.cbsnews.com/stories/2006/11/28/earlyshow/leisure/books/main2212124.shtml.
17 Former legal adviser to the Israeli Foreign Ministry Allan Baker noted that the establishment at
18 Robin Shepard, "In Europe an Unhealthy Fixation on
19 Tony Judt, "
20 Allan Cowell, "Mayor Accuses
21 Shepard, "In
22 Irwin Cotler, "
23 Alvin H. Rosenfeld, "Progressive Jewish Thought and the New Anti-Semitism," American Jewish Committee, December 2006, p. 8, http://www.ajc.org/site/apps/nl/content3.asp?c=ijITI2PHKoG&b=846637&ct=3283863.
24 "Battle for
25 Tzipi Livni, "The Peace Alternative," English version of the article by Foreign Minister Livni published in Arabic in Al-Sharq Al-Awsat (
26 Ehud Olmert, "1967: Israel Cannot Make Peace Alone," The Guardian, June 6, 2007, http://www.guardian.co.uk/commentisfree/story/0,,2096527,00.html.
28 Ismail Haniyeh, "1967: Our Rights Have to Be Recognised," The Guardian, June 6, 2007, http://www.guardian.co.uk/commentisfree/story/0,,2096394,00.html.
29 See Dore Gold, The Fight for
30 See the following legal precedents of the International Court of Justice: International status of South-West Africa, Advisory Opinion, I.C.J. Rep. 1950, p. 128; South-West Africa - Voting Procedure, Advisory Opinion of June 7th, 1955: I.C.J. Rep. 1955, p. 67; South West Africa Cases (Ethiopia v. South Africa; Liberia v. South Africa), Preliminary Objections, Judgment of 21 December 1962: I.C.J. Rep. 1962, p. 319; Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, I.C.J. Rep. 1971, p. 16.
31 Dore Gold, "The U.S. and Defensible Borders" in: Defensible Borders for a Lasting Peace (
33. See, e.g., Report of the United Nations Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied Since 1967, John Dugard, A/HRC/4/17, 29 January 2007 (esp. paragraphs 1, 6 and 22 referring to Gaza as part of the "Occupied Palestinian Territory" and applying the Fourth Geneva Convention regarding "occupied" territory).
34 Herb Keinon and Associated Press, "Solana Says EU Won't Support a ‘Nightmare' Gaza-Only Pullout,"
35 Speech by Maj.-Gen. Uzi Dayan at the conference on "40 Years of UNSC Resolution 242,"
36 Dan Diker, "Why Are
37 See: http://www.mfa.gov.il/MFA/Archive/Peace+Process/1993/Remarks+by+PM+Yitzhak+Rabin+at+Signing+ of+DOP+-+13.htm.
38 Speech of Yitzhak Rabin at the Knesset vote to approve Oslo II, September 28, 1995. Rabin's territorial claims had strong legal and diplomatic grounding. Israel's legal right to secure and recognized boundaries was affirmed in the British and American-drafted UN Security Council Resolution 242, which the Security Council unanimously approved on November 22, 1967, and was subsequently accepted by both sides of the Arab-Israeli conflict as a basis for peaceful resolution. Indeed, UNSC 242 would be the cornerstone of all Arab-Israeli diplomacy since
2. UNSC 242 was predicated on the fact that any Israeli withdrawal would take place only with the institution of full peace and recognition from its Arab neighbors, who were branded as the war's aggressors, before
3. The legal context of Rabin's postwar claims for a united Jerusalem under Israeli sovereignty also stemmed from preexisting Israeli claims under the Palestine Mandate, which were unaffected by Jordan's illegal occupation of Jerusalem and the West Bank in 1948 and its role as an aggressor in 1967. This position was also supported by leading international legal authorities at the time. For example, Stephen Shwebel, former U.S. State Department legal adviser who would become president of the International Court of Justice at The Hague, wrote in 1970, "When the prior holder of territory had seized that territory unlawfully, the state that subsequently takes that territory in the lawful exercise of self-defense, has against that prior holder, better title." Shwebel would add, "
39 Benjamin Netanyahu,
40 Address by Prime Minister David Ben-Gurion to the Israeli Knesset, December 5, 1949, in Meron Medzini, ed.,
41 Address by Ambassador Abba Eban to the UN Trusteeship Council, February 20, 1950, in ibid., pp. 227-236.
42 Address by Prime Minister Yitzhak Shamir at the
1988-1992/24320Address%20by%20Prime%20Minister%20Shamir%20at%20the%20. Shamir asserted at the opening session:
We are the only people who have lived in the Land of Israel without interruption for nearly 4,000 years; we are the only people, except for a short Crusader kingdom, who have had an independent sovereignty in this land; we are the only people for whom Jerusalem has been a capital; we are the only people whose sacred places are only in the Land of Israel. No nation has expressed its bond with its land with as much intensity and consistency as we have. For millennia our people repeated at every occasion the cry of the psalmist: "If I forget thee,
Former Israeli Foreign Ministry Director-General Eytan Bentsur, one of the
43 Diker, "Why Are
45 Kofi Annan, "Last Speech on the
46 Bernard Lewis, "The Palestinians and the PLO: A Historical Approach," Commentary, January 1975, pp. 32-48. See also Bernard Lewis, Semites and Anti-Semites: An Inquiry into Conflict and Prejudice (New York: Norton, 1999), p. 164.
48 See Dore Gold,
49 Netanyahu, ibid., p. 22.
50 Eli Hertz, "Mandate for
51.International status of South-West Africa, Advisory Opinion, I.C.J. Rep. 1950, p. 128; South-West Africa Voting Procedure, Advisory Opinion of June 7th, 1955: I.C.J. Rep. 1955, p. 67; South West Africa Cases (Ethiopia v. South Africa; Liberia v. South Africa), Preliminary Objections, Judgment of 21 December 1962: I.C.J. Rep. 1962, p. 319; Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, I.C.J. Rep. 1971, p. 16.
Dan Diker is Director of the Institute for Contemporary Affairs (ICA) and foreign policy analyst of the
Copyright - Original materials copyright (c) by the authors.
Prof. Avraham Bell, Faculty of Law,