Although many substantive legal arguments support the right of Jews to build in Judea,
UN resolutions are not laws, or sources of laws. The UN's primary judicial organ, the International Court of Justice (ICJ) issues advisory opinions which are only recommendations, and, although they are influential, are not proper legal decisions. Unable to get a fair hearing before the ICJ,
In fact, the UN Charter (Article 10) does not grant the General Assembly, or the ICJ the authority to determine the ownership of disputed territories – although it does so anyway.
"The law" is the Fourth Geneva Convention (GC IV) – one of the most important sources of conventional international and humanitarian law. The International Committee of the Red Cross (ICRC), the official "guardian" of the GC IV, met secretly at their headquarters in
The legal status of Palestine, designated as the "Jewish national homeland," was established by the League of Nations (1920), the San Remo Agreements (1920) and the British Mandate (1922), and endorsed by the US Congress; that was "the law," and remains so today, despite the ICRC.
ICRC and UN Resolutions declared that "Israeli settlements are illegal." They didn't say, however, to whom this territory belongs. Palestinian leaders have said they will declare sovereignty and ask for UN recognition. But, with the Palestinian Authority (PA) divided between Fatah and Hamas, its leadership shaky, who rules? And who will rule in the future?
Arab leaders themselves can't decide about a second Arab Palestinian state (the first was Transjordan, established in 1921, two-thirds of whose population is Palestinian) since that means accepting
UN recognition of the PLO, beginning in 1974, six months after it massacred school-children in Ma'alot, provided legitimacy, but the PLO – "the sole representative of the Palestinian people" — has rejected the "two-state-solution" as an end-of-conflict. Its charter, calling for the elimination of
The Oslo Accords (1993), Hebron Agreement (1997), Wye River Accords (1998) and Gaza Disengagement (2005), which gave the PA large areas of Judea, Samaria and all of Gaza and placed nearly all Arab residents of these areas under PA rule, provided the basis for self-government, and eventual statehood.
Legal questions regarding Jewish presence in Judea,
The ICRC's unique interpretation, contrary to the obvious intent and purpose of GC IV, was designed specifically to thwart Israeli settlements. It was never applied in a comparable situation elsewhere.
Opposing Jewish communities in Judea,
Despite the ICRC's refusal to open its archives and explain itself, in defiance of all democratic and judicial norms of conduct, accountable to no one, and deliberately distorting facts, their decisions are widely accepted as law. We need to know how and why the ICRC made those decisions. What are they hiding, and why?
Moshe Dann is a writer and journalist living is
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