Syria Spotlights Problematic International Law

My latest piece at LobeLog, where I frequently write on US foreign policy, examines the inadequacy of the current system of international law. It has gotten so ineffective that it is now more hindrance than help. Syria shines a spotlight on the problems.

US on Israeli Settlements: A Policy Without A Policy

This article originally appeared at LobeLog. There is an indispensable wealth of material there on recent events in Israel/Palestine, Iran, Egypt and others. I urge you to check it out.

Some days, it must be really difficult to be the State Department’s spokesperson. It doesn’t seem like a bad job to have at all, but on certain questions it’s impossible to not look like an idiot. A lot of those questions are connected to de facto policies which differ from de jure ones.

Look up the hill from the West Bank town of Tuwani and you see the Israeli settlement, Maon

Look up the hill from the West Bank town of Tuwani and you see the Israeli settlement, Maon

And there is no better example of that than US policy on Israeli settlements.

Back in the early years after the 1967 war, the United States made it clear that the settlements were illegal according to international law. As recently as 1978, the State Department legal adviser confirmed that all Israeli settlements beyond the Green Line are illegal, and through the Carter administration, this was explicit US policy. That policy has never been explicitly revoked, but beginning with the Reagan administration, de facto policy has been ambiguous. Reagan began the trend when he stated that while the settlements were ill-advised, provocative and that further settlement was not necessary for Israel’s security “I disagreed when, the previous Administration refereed to them as illegal, they’re not illegal.  Not under the U.N. resolution that leaves the West Bank open to all people—Arab and Israeli alike, Christian alike.”

The problematic nature of Reagan’s statement — implying that “Arab” equals “Muslim” and “Israeli” equals “Jew”, and more importantly, citing the “U.N. Resolution”, which is not the basis for the illegality of the settlements (the Fourth Geneva Convention is) — notwithstanding, this was the beginning of the US’ refusal to label settlements illegal, terming them instead, at most, “illegitimate.” Continue reading