The Israel-Arab Conflict: "Root Causes" and "Red Herrings"

Martin Sherman
JINSA
28 July '10

The Context: Restoring Memory

Israel is continuously accused by its detractors of "occupying" Palestinian territory and "usurping" Palestinian land by means of an "expansionary settlement policy."

"Occupation" and "Settlements" have thus become the buzzwords by which to denote, to decry and defame Israel's control of the territories across the 1967 armistices lines. This prevailing custom is wildly at odds with the realities that forced Israel to seize these territories in an unequivocal act of self defense against threats of annihilation, in classic preemptive exercise of the right of "anticipatory self defense."

A 2003 article "Jus ad Bellum: Law Regulating Resort to Force", published by the American Bar Association, sets out the rather stringent conditions for the legitimate exercise of "anticipatory self defense." It stipulates that the necessity for action must be "instant, overwhelming, and leaving no choice of means, and no moment for deliberation." It goes on to quote a "recent edition of a leading treatise [which] states that [anticipatory] self-defense may justify use of force under the following conditions: an attack is immediately threatened; there is an urgent necessity for defensive action; there is no practicable alternative, particularly when another state or authority that legally could stop or prevent the infringement does not or cannot do so..."

There is clearly not doubt that these conditions were met in June 1967.

The declarations of Arab leaders, before Israel held a square inch of territory now claimed to be "occupied," show irrefutably that "an attack was immediately threatened" and that there was indeed "an urgent necessity for defensive action." Furthermore, there was clearly no practicable alternative, particularly when another state or authority that legally could stop or prevent the infringement did not do so..." (since the UN had, at Cairo's behest, removed its troops from the Israeli-Egyptian border; and the United States and other maritime powers refused to remove Egypt's blockade of the Straits of Tiran, and to honor their commitments to allow Israel the right of navigation in the Red Sea.)

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