Posts Tagged ‘international law’


There was a lot to digest in the joint press conference held by US President Donald Trump and Israeli Prime Minister Benjamin Netanyahu last week. Most of the focus has been on the apparent walk-back Trump made from the long-term and bipartisan US policy supporting a two-state solution to the Israel-Palestine conflict and Netanyahu’s shocking apologia for Trump’s refusal to address the sharp rise in antisemitism since his election.

Another point of real significance has therefore been squeezed out of the spotlight: Netanyahu’s proposal that the US recognize Israeli sovereignty over the Golan Heights. Read more at LobeLog

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On Friday, the United Nation Security Council passed Resolution 2334, which calls on Israel to cease building settlements in territories it occupied in 1967. The unsc-sessionObama administration decided to abstain from the vote, allowing it to pass 14-0.

What exactly did UN Security Council Resolution 2334 say?

The resolution, among other things:

Read more at Facts On The Ground, FMEP’s blog

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On Sunday the Israeli cabinet unanimously passed a bill that would legalize settlement outposts in the occupied West Bank that were built on privately owned

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Banner reads “Every house that is demolished is a victory for Hamas.” This refers only to Jewish-owned houses in settlements.

Palestinian land. If passed by the Knesset, the law could potentially be used to raise the status of many outposts all over the West Bank to those of settlements that are legal under Israeli law. That would be a tremendous setback to the already dimming prospects of an Israeli withdrawal from the West Bank, and to the two-state solution. Read more at FMEP’s blog, Facts on the Ground

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On Wednesday, in the wake of Israel’s announcement of hundreds of more units in West Bank settlements, the Israeli Ministry of Foreign Affairs posted a page on its website articulating its view 640px-beitar_ilitthat building in the occupied West Bank is legal under international law and is not, as many critics claim, an impediment to peace. The fact that the MFA felt the need to make such a case indicates that rising international criticism, particularly from the U.S., is having an impact, and that case bears an examination of its key claims. Read more at “Facts on the Ground,” the Foundation for Middle East Peace’s blog.

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Today, I have some news to share with you: the Foundation for Middle East Peace now has a new website!fmep small

For decades, FMEP has been at the forefront of Israel and Palestine advocacy. With the launch of our new website, the organization’s online presence now takes on a 2015 look and approach to technology and social media integration.

We have been working on this project for months and couldn’t be more excited about the end result. The new site is designed to optimize user experience, curate the latest news and resources and provide easily-accessible information about the key issues of the conflict and ideas for a peaceful resolution. (more…)

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The Palestinian Authority (PA) has now moved a step closer to making good on its threat to go to the International

Palestinian representative to the UN, Riyad Mansour

Palestinian representative to the UN, Riyad Mansour

Criminal Court (ICC) and bring charges against Israel. There is little doubt that this was a move Palestinian President Mahmoud Abbas tried desperately to avoid. In the end, he was forced to do it by a combination of U.S.-Israeli rejectionism, Palestinian desperation to do something to try to end Israel’s occupation, and his own many missteps.

Abbas signed on to 18 international agreements after the quixotic attempt to pass a resolution at the United Nations Security Council (UNSC) predictably failed. Among them was the 1998 Rome Statute, which established the ICC and took formal effect in 2002. This is the step that the U.S. and Israel have warned Abbas against most strongly. Among all the “unilateral steps” the Palestinians could take (which, one should note, is no more “unilateral” than any number of actions taken by Israel on a routine basis), this is the one Israel worries about most. Read more at LobeLog

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I was not surprised that my recent article which, in part, discussed Mahmoud Abbas’ assertion that Israel committed genocide in Gaza caused russell-tribunal-on-palestinesome controversy and discussion. Indeed, I was gratified by it.

This is an important question, one that goes well beyond the rhetorical issue and one that I did not delve nearly as deeply into as I probably should have in my piece. Richard Falk’s article in The Nation has now done that job for me. I don’t always agree with Falk, but in this case, I think he and the Tribunal got it exactly right. I see this even though I get the sense from this piece that the Tribunal, and possibly Falk as well, believe in their hearts that genocide was committed in Gaza, while I do not.

One point bears some stress. Falk points out that genocide is regarded as “the crime of crimes.” Some of the debate over the use of this word to describe not only the Gaza horror of 2014 but the occupation more broadly has centered on the legal definition of genocide. I maintain that Israel’s crimes do not reach that level. But beyond the legal semantic question is the very important colloquial understanding of that word.

When people hear “genocide” they think of the Nazis, Rwanda, the Khmer Rouge and the Armenians. These were all incidents where huge numbers and huge percentages of particular populations were exterminated. As Falk points out, the legal definition actually holds a higher standard, where intent to annihilate a particular group must be proven. But colloquially, the understanding most people have of genocide plainly doesn’t fit Gaza. That’s the biggest reason I disagree with the use of that word.

But there was also a demonstrably “genocidal atmosphere” in Israel over the summer, whether it be tweens proudly stating that killing Arabs is a good thing, to plans put forth by Knesset members to empty Gaza of Arabs to statements by another MK that all Palestinians are legitimate targets. That makes the accusation worth investigating. So does the fact that the attack happened in the context of an ongoing blockade of Gaza which left Gazans nowhere to flee to, either outside their borders or within the sardine-can-like Strip.

When the Tribunal did so, they came to this conclusion, as described by Falk: “Despite these factors, there were legal doubts as to the crime itself. The political and military leaders of Israel never explicitly endorsed the pursuit of genocidal goals, and they purported to seek a ceasefire during the military campaign. The tribunal convincingly documented the government’s goal of intensifying the regime of collective punishment, but there was no clear official expression of intent to commit genocide. The presence of genocidal behavior and language, even if used in government circles, is not by itself sufficient to conclude that Protective Edge, despite its enormity, amounted to the commission of the crime of genocide.”

I think that’s right. You make your own decision, but I strongly urge us all to hold the accusation of “genocide” to the highest standard, because there is nothing worse.

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