Why Israel Is Free to Set Its Own Borders

Michael I. Krauss/J. Peter Pham
Commentary Magazine
July/August 2006

(I've introduced this article from the 4th paragraph, as this is relevant to the discussion of what may constitute the rightful borders of Israel in international law. Excellent article, worth reading in whole. Y.)

.... Other elements of the international community, however, have wasted no time in decrying Israel's effort formally to incorporate small parts of the West Bank. Speaking to the European Parliament in April, Javier Solana, the European Union's top foreign-policy official, lamented the “lack of dialogue with the Palestinian people in determining Israel's borders.” Not to be outdone, former President Jimmy Carter, writing in USA Today, condemned Kadima's program as a naked “land grab,” a violation of international law that no “objective member of the international community could accept.” On May 25, the New York Times chimed in, denouncing the idea of Israel's setting its own borders and lumping together Hamas, the government of Israel, and Bush as “two culprits and an enabler.”

In the view of Solana, Carter, the Times editorial board, and many other “objective” observers, the boundary between Israel and its Arab neighbors that prevailed between 1949 and 1967 is not just a historical baseline; it is a legitimate and well-established international border, one that the Jewish state has now ignored for nearly four decades. Such borders cannot be altered by force. As these critics see it, the Six-Day war of 1967 resulted in Israel's “occupation” of the West Bank (as well as of the Gaza Strip, Golan Heights, and East Jerusalem). Much as that action might have been required by the exigencies of the time, it gives Israel no ongoing title to those lands. Indeed, in the view of the critics, it makes Israel's long-term presence there nothing less than an ongoing crime.

But are these claims supported by the history of Israel's conflict with its Arab neighbors, to say nothing of the standards of international law? In the West Bank, is Israel, in fact, an “occupier”?

(Read full article)
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