The Illegal-Settlements Myth

David M. Phillips
Commentary Magazine
01 December 09

(This is a major and well written presentation, based on both historical fact and international law)

The conviction that Jewish settlements in the West Bank are illegal is now so commonly accepted, it hardly seems as though the matter is even open for discussion. But it is. Decades of argument about the issue have obscured the complex nature of the specific legal question about which a supposedly overwhelming verdict of guilty has been rendered against settlement policy. There can be no doubt that this avalanche of negative opinion has been deeply influenced by the settlements’ unpopularity around the world and even within Israel itself. Yet, while one may debate the wisdom of Israeli settlements, the idea that they are imprudent is quite different from branding them as illegal. Indeed, the analysis underlying the conclusion that the settlements violate international law depends entirely on an acceptance of the Palestinian narrative that the West Bank is “Arab” land. Followed to its logical conclusion—as some have done—this narrative precludes the legitimacy of Israel itself.

These arguments date back to the aftermath of the Six-Day War. When Israel went into battle in June 1967, its objective was clear: to remove the Arab military threat to its existence. Following its victory, the Jewish state faced a new challenge: what to do with the territorial fruits of that triumph. While many Israelis assumed that the overwhelming nature of their victory would shock the Arab world into coming to terms with their legitimacy and making peace, they would soon be disabused of this belief. At the end of August 1967, the heads of eight countries, including Egypt, Syria, and Jordan (all of which lost land as the result of their failed policy of confrontation with Israel), met at a summit in Khartoum, Sudan, and agreed to the three principles that were to guide the Arab world’s postwar stands: no peace with Israel, no recognition of Israel, and no negotiations with Israel. Though many Israelis hoped to trade most if not all the conquered lands for peace, they would have no takers. This set the stage for decades of their nation’s control of these territories.

The attachment of Israelis to the newly unified city of Jerusalem led to its quick annexation, and Jewish neighborhoods were planted on its flanks in the hope that this would render unification irrevocable. A similar motivation for returning Jewish life to the West Bank, the place where Jewish history began—albeit one that did not reflect the same strong consensus as that which underpinned the drive to hold on to Jerusalem—led to the fitful process that, over the course of the next several decades, produced numerous Jewish settlements throughout this area for a variety of reasons, including strategic, historical and/or religious considerations. In contrast, settlements created by Israel in the Egyptian Sinai or the Syrian Golan were primarily based initially on the strategic value of the terrain.

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