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Jerusalemites

Posted on: 2005

By Leila Farsakh

The Palestinian state remains an internationally endorsed project, yet an increasingly difficult one to implement. By analyzing the territorial, legal, and demographic developments that took place in the West Bank and the Gaza Strip over the past ten years, this article assesses the extent to which the prospective Palestinian state has become unattainable. CantonsA comparison between the South African apartheid experience and the Israeli-Palestinian conflict is made to shed light on the ways in which the Palestinian territories are becoming analogous to Bantustans. While historical comparisons are never exact or prescriptive, they raise interesting parallels whose implications need to be considered, if not altered, in any attempt to materialize the project of a viable Palestinian Independence.

The idea of the Palestinian state as a solution to the Israeli-Palestinian conflict is not a new one. Yet, it is still far from being realised. It received its clearest endorsement by the international community with the publication of the US backed Road Map in May 2003. This plan called for the establishment of an “independent, democratic, and viable Palestinian State living side by side in peace and security with Israel and its other neighbors,” as envisaged by UNSC resolution 1397 and the Saudi Initiative of March 2002.1 However after four years of the al-Aqsa Intifada that resulted in the killing of over 3,500 Palestinians and 989 Israelis,2 the economic and social resources of the Palestinians was severely damaged,3 and the infrastructure of the Palestinian authority destroyed; the prospects of a viable Palestinian state could not be more remote. The Israeli government’s decision in June 2004 to “disengage” unilaterally from the Gaza Strip and to continue the construction of a separation wall in the West Bank gave another blow to the project of a viable contiguous sovereign Palestinian entity in the Occupied Territories.

International scholars, as well as Palestinian NGOs, have long argued that the Oslo process and the Intifada did not bring the Palestinians closer to statehood, but rather confirmed an Israeli “apartheid” in the West Bank and Gaza Strip (WBGS).4 Ariel Sharon, Israel’s Prime Minister since 2001, had long contended that the Bantustan model, so central to the apartheid system, is the most appropriate to the present Israeli-Palestinian conflict.5 Others, by contrast, have maintained that the Palestinian territories have been transformed into cantons whose final status is still to be determined. 6 The difference in terminology between cantons and Bantustans is not arbitrary though. The former suggests a neutral territorial concept whose political implications and contours are left to be determined. The latter indicates a structural development with economic and political implications that put in jeopardy the prospects for any meaningfully sovereign viable Palestinian state. It makes the prospects for a binational state seem inevitable, if most threatening to the notion of ethnic nationalism.

The aim of this article is to analyze the demise of a potential Palestinian state by drawing on the South African apartheid paradigm. Although the comparison between the Israeli-Palestinian conflict and apartheid South Africa is not new, 7 it has not always been fully explained or accepted. This article seeks to fill this gap by exploring how the South African and the Zionist colonial experiences converged despite their significant historical differences. By carefully exploring the South African apartheid edifice, particularly the Bantustans, and comparing it with the structural developments set in place in the Palestinian territory since the Oslo process, it shows how the West Bank and Gaza Strip have moved towards a process of “Bantustanization” rather than of sovereign independence. This is a process by which Palestinian territories have been transformed into de facto population reserves out of which Palestinians cannot exit without the possession of a permit issued by Israeli military authorities. These “reserves” have remained dependent on the Israeli economy, but at the same time have been unable to gain access to it, nor capable of evolving into a sovereign independent entity. Whether by default or design, the Israeli response to the Al-Aqsa Intifada and the Road Map have simply consolidated this process.

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Source:

http://works.bepress.com

 

By Ehab Zahriyeh

Israel’s Prime Minister Benjamin Netanyahu on June 30 made clear his plan for Israeli forces to remain in the West Bank even if a peace deal is reached, a sign that the country’s 47-year occupation of Palestinian territory is likely to continue indefinitely.west bank-area c

“One must understand that in any future arrangement with the Palestinians, Israel must maintain security control of the area up to the Jordan River for a very long time,” Netanyahu said during a speech at the Israeli Institute for National Security Studies.

His rhetoric appears to challenge his country’s two-decade commitment to an Oslo peace process in which Israel would hand over the great majority of the West Bank to the Palestinians.

Prior to the 1993 Oslo Accords, in which the Palestinian Liberation Organization (PLO) and Israel officially began negotiating under a two-state for two peoples paradigm, the West Bank and Gaza Strip were under full Israeli Civil Administration control. The office was tasked with the handling of bureaucratic responsibilities of the occupied territories while the Israeli military was responsible for security.

With the onset of the Oslo process, however, limited autonomy and self-rule was given to the Palestinians in the West Bank (though not in Gaza). The West Bank was divided into the following three administrative divisions, with civil administrative control of some areas transferred to the newly created Palestinian Authority (PA) while Israel maintained civil control over the majority of the territory. Under the terms of the Oslo process, full Palestinian governance was to have been achieved by 1999. But 15 years later, any Israeli transference of sovereignty remains elusive, especially with the presence in the West Bank of more than 300,000 Israeli settlers, more than twice the amount there during the signing of the Oslo Accords.

Area A

Comprising 18 percent of the West Bank, Area A is under PA civil control and security authority. Although it is comprised entirely of Palestinian cities – including Hebron, Nablus, Ramallah, Bethlehem and some towns and villages that do not border Israeli settlements – they are separated by areas controlled by Israel, including checkpoints, settlements and military outposts.

An exception is found in Hebron, the largest Palestinian city in the West Bank. While it lie in Area A, less than 1,000 Israeli settlers are living among hundreds of thousands of Palestinian residents, a state of affairs which prompted Israel to divide the city into two zones in the 1990s: H1, 80 percent of the entire city which is administered by the PA; and H2, 20 percent of the city which is controlled by Israel.

Palestinians from Area A cannot travel to other areas within the West Bank — even other parts of Area A — without crossing Israeli checkpoints. Despite Palestinian civil and security governance, Israel still maintains a de facto veto of final authority, sometimes raiding homes and businesses or detaining and arresting Palestinians.

Area B

Comprising about 22 percent of the West Bank, Area B is under Palestinian civil administration while Israel retains exclusive security control with limited cooperation from the Palestinian police. Area B includes more than 400 villages and farmland. Despite PA civil control, such areas are often threatened by the expansion of Israeli settlements into Palestinian land.

Area C

Under full Israeli civil administration and security control, Area C is the largest division in the West Bank, comprising 60 percent of the territory. The PA only has responsibility for providing education and medical services to the 150,000 Palestinians living there. With the exception of Hebron, all Israeli settlements are in Area C, where Israel has full authority over building permissions and zoning laws. Area C contains most of the West Bank’s natural resources and open areas. More than 70 percent of the Palestinian villages in Area C are not connected to the water network while Israeli settlements are, according to the U.N. Office for the Coordination of Humanitarian Affairs. Israel’s Civil Administration has planned for Palestinian development in less than 1 percent of Area C, and 99 percent of the area is off limits or heavily restricted for Palestinian construction.

 

East Jerusalem

Like the West Bank, East Jerusalem has been occupied by Israel since 1967 — which is illegal under international law. But Israel’s method of control over the territory differs. In 1980, Israel unilaterally declared Jerusalem a unified city, effectively consolidating power over Palestinian East Jerusalem, which would be the future capital of an independent Palestine as envisioned under the two-state Oslo process.East Jerusalem

Unlike Palestinian residents of West Jerusalem and the rest of Israel, Palestinians living in East Jerusalem are given a unique identification card, which — unlike their Palestinian neighbors in the West Bank – allows them to travel throughout Israel and the West Bank. However, they are not granted an Israeli passport nor can they vote in Israeli elections.

Israel maintains full civil control in East Jerusalem, where they provide municipal services, health insurance and building permits to the Palestinian residents. Under its control over East Jerusalem, Israel has increased the presence of settlers around Palestinian towns and left other physical barriers separating those towns from the West Bank. According to the Israeli human rights organization B’Tselem, about 40 percent of the residents in annexed East Jerusalem are Jews living in settlements or previously-owned Palestinian homes.

Source:

http://america.aljazeera.com

 

16-May-1916

Letter 1: From Sir Edward Grey To Paul Cambon May 16, 1916. I shall have the honor to replyBalfour_portrait_and_declarationfully in a further note to your Excellency’s note of the 9th instant, relative to the creation of an Arab state, but I should meanwhile be grateful if your excellence could assure me that in those regions which, under the conditions recorded in that communication, become entirely French, or in which French interests are recognized as predominant, any existing British concessions, rights of navigation or development, and the rights and privileges of any British religious, scholastic, or medical institutions will be maintained. His majesty’s government is; of course, ready to give a reciprocal assurance in regard to the British area. Sir Edward Grey.

Letter 2: From Sir Edward Grey To Paul Cambon May 16, 1916. I have the honor to acknowledge the receipt of your Excellency’s note of the 9th instant, stating that the French government accept the limits of a future Arab state, or confederation of states, and of those parts of Syria where French interests predominate, together with certain conditions attached thereto, such as they result from recent discussions in London and Petrograd on the subject. I have the honor to inform your Excellency in reply that the acceptance of the whole project, as it now stands, will involve the abdication of considerable British interests, but, since his majesty’s government recognize the advantage to the general cause of the allies entailed in producing a more favorable internal political situation in turkey, they are ready to accept the arrangement now arrived at, provided that the co-operation of the Arabs is secured, and that the Arabs fulfill the conditions and obtain the towns of Homs, Hama, Damascus and Aleppo. It is accordingly understood between the French and British governments:
1. That France and Great Britain are prepared to recognize and protect an independent Arab states or a confederation of Arab states (a) and (b) marked on the annexed map, under the suzerainty of an Arab chief. That in area (a) France, and in area (b) Great Britain, shall have priority of right of enterprise and local loans. That in area (a) France, and in area (b) Great Britain, shall alone supply advisers or foreign functionaries at the request of the Arab state or confederation of Arab states.
2. That in the blue area France, and in the red area great Britain, shall be allowed to establish such direct or indirect administration or control as they desire and as they may think fit to arrange with the Arab state or confederation of Arab states.
2. That in the brown area there shall be established an international administration, the form of which is to be decided upon after consultation with Russia, and subsequently in consultation with the other allies, and the representatives of the sheriff of Mecca.
4. That Great Britain is accorded (1) the ports of Haifa and acre, (2) guarantee of a given supply of water from the Tigres and Euphrates in area (a) for area (b). His majesty’s government, on their part, undertakes that they will at no time enter into negotiations for the cession of Cyprus to any third power without the previous consent of the French government.
5. That Alexandretta shall be a free port as regards the trade of the British empire, and that there shall be no discrimination in port charges or facilities as regards British shipping and British goods; that there shall be freedom of transit for British goods through Alexandretta and by railway through the blue area, or (b) area, or area (a); and there shall be no discrimination, direct or indirect, against British goods on any railway or against British goods or ships at any port serving the areas mentioned.
6. That Haifa shall be a free port as regards the trade of France, her dominions and protectorates, and there shall be no discrimination in port charges or facilities as regards French shipping and French goods. There shall be freedom of transit for French goods through Haifa and by the British railway through the brown area, whether those goods are intended for or originate in the blue area, area (a), or area (b), and there shall be no discrimination, direct or indirect, against French goods on any railway, or against French goods or ships at any port serving the areas mentioned.
7. That in area (a) the Baghdad railway shall not be extended southwards beyond Mosul, and in area (b) northwards beyond Samara, until a railway connecting Baghdad and Aleppo via the Euphrates valley has been completed, and then only with the concurrence of the two governments.
8. That great Britain has the right to build, administer, and be sole owner of a railway connecting Haifa with area (b), and shall have a perpetual right to transport troops along such a line at all times. It is to be understood by both governments that this railway is to facilitate the connection of Baghdad with Haifa by rail, and it is further understood that, if the engineering difficulties and expense entailed by keeping this connecting line in the brown area only make the project unfeasible, that the French government shall be prepared to consider that the line in question may also traverse the Polgon Banias Keis Marib Salkhad tell Otsda Mesmie before reaching area (b).
9. For a period of twenty years the existing Turkish customs tariff shall remain in force throughout the whole of the blue and red areas, as well as in areas (a) and (b), and no increase in the rates of duty or conversions from ad valorem to specific rates shall be made except by agreement between the two powers.
10. There shall be no interior customs barriers between any of the above-mentioned areas. The customs duties livable on goods destined for the interior shall be collected at the port of entry and handed over to the administration of the area of destination.
11. It shall be agreed that the French government will at no time enter into any negotiations for the cession of their rights and will not cede such rights in the blue area to any third power, except the Arab state or confederation of Arab states, without the previous agreement of his majesty’s government, who, on their part, will give a similar undertaking to the French government regarding the red area.
12. The British and French government, as the protectors of the Arab state, shall agree that they will not themselves acquire and will not consent to a third power acquiring territorial possessions in the Arabian peninsula, nor consent to a third power installing a naval base either on the east coast, or on the islands, of the red sea. This, however, shall not prevent such adjustment of the Aden frontier as may be necessary in consequence of recent Turkish aggression.
13. The negotiations with the Arabs as to the boundaries of the Arab states shall be continued through the same channel as heretofore on behalf of the two powers.
14. It is agreed that measures to control the importation of arms into the Arab territories will be considered by the two governments.
I have further the honor to state that, in order to make the agreement complete, his majesty’s government are proposing to the Russian government to exchange notes analogous to those exchanged by the latter and your Excellency’s government on the 26th April last. Copies of these notes will be communicated to your Excellency as soon as exchanged. I would also venture to remind your excellency that the conclusion of the present agreement raises, for practical consideration, the question of claims of Italy to a share in any partition or rearrangement of turkey in Asia, as formulated in article 9 of the agreement of the 26th April, 1915, between Italy and the allies. His majesty’s government further considers that the Japanese government should be informed of the arrangements now concluded. Sir Edward Grey

Letter 1: From Sir Edward Grey To Count Benckendorff May 10/23, 1916
I have received from the French ambassador in London copies of the notes exchanged between the Russian and French governments on the 26th ultimo, by which your excellency’s government recognize, subject to certain conditions, the arrangement made between great Britain and France, relative to the constitution of an Arab state or a confederation of Arab states, and to the partition of the territories of Syria, Cilicia, and Mesopotamia, provided that the co-operation of the Arabs is secured. His majesty’s government take act with satisfaction that your excellency’s government concur in the limits set forth in that arrangement, and I have now the honor to inform your excellency that his majesty’s government, on their part, in order to make the arrangement complete, are also prepared to recognize the conditions formulated by the Russian government and accepted by the French government in the notes exchanged at Petrograd on the 26th ultimo. In so far, then, as these arrangements directly affect the relations of Russia and great Britain, I have the honor to invite the acquiescence of your excellency’s government in an agreement on the following terms:
1. That Russia shall annex the regions of Restroom, Trapezoid, van, and Battles, up to a point subsequently to be determined on the littoral of the black sea to the west of Trapezoid.
2. That the region of Kurdistan to the south of van and of Battles between Mush, Sort, the course of the Tigris, Jazzier Ben Omar, the crest line of the mountains which dominate Acadia, and the region or Merge Vary, shall be ceded to Russia; and that starting from the region of Merge Vary, the frontier of the Arab state shall follow the crest line of the mountains which at present divide the ottoman and Persian dominions, these boundaries are indicated in a general manner and are subject to modifications of detail to be proposed later by the delimitation commission which shall meet on the spot.
3. That the Russian government undertake that, in all parts of the ottoman territories thus ceded to Russia, and concessions accorded to British subjects by the ottoman government shall be maintained, if the Russian government express the desire that such concessions should later be modified in order to bring them into harmony with the laws of the Russian empire, this modification shall only take place in agreement with the British government.
4. That in all parts of the ottoman territories ceded to Russia, existing British rights of navigation and development, and the rights and privileges of any British religious, scholastic, or medical institutions shall be maintained. His majesty’s government, on their part, undertakes that similar Russian rights and privileges shall be maintained in those regions which, under the conditions of this agreement, become entirely British, or in which British interests are recognized as predominant.
5. The two governments admit in principle that every state which annexes any part of the ottoman empire is called upon to participate in the service of the ottoman debt. Sir Edward Grey

Letter 2: From Sir Edward Grey To Count Benckendorff Oct. 10/23, 1916
In reply to your Excellency’s note of the 1st ultimo, regarding the arrangement between great Britain, Russia, and France, relative to the creation of an Arab state, or of a confederation of Arab states, and to the partition of the territories of Syria, Cilicia, and Mesopotamia, provided that the cooperation of the Arabs is secured, i have the honor to state that his majesty’s government take note of the reservation formulated by the imperial Russian government at the end of article 4 of the arrangement respecting the rights of the imperial government to grant sabotage in the black sea, and of the desire manifested by that government that this question should be submitted later to a friendly examination by the governments of the parties interested.

Sir Edward Grey

The Balfour Declaration of 1917 was the first significant declaration by a world power in favour of a Jewish “national home” in what was known as Palestine.

Historians disagree as to what the then British Foreign Secretary, Arthur James Balfour, intended by his declaration. The letter has no mention of the word “state”, and insists that nothing should be done “which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine”.

The letter was addressed to Lord Rothschild, a leader of the Jewish community in Britain. It became an important arm of the movement to create a Jewish state in Palestine.

The letter:

Foreign Office November 2nd, 1917

Dear Lord Rothschild,

I have much pleasure in conveying to you. on behalf of His Majesty’s Government, the following declaration of sympathy with Jewish Zionist aspirations which has been submitted to, and approved by, the Cabinet:

His Majesty’s Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.

I should be grateful if you would bring this declaration to the knowledge of the Zionist Federation.

Yours, Arthur James Balfour

 

14-May- 1948

The Land of Israel was the birthplace of the Jewish people. Here their spiritual, religious and national identity was formed. Here they achieved independence and created a culture of national and universal significance. Here they wrote and gave the Bible to the world.

Exiled from the Land of Israel, the Jewish people remained faithful to it in all the countries of their dispersion, never ceasing to pray and hope for their return and the restoration of their national freedom.

Impelled by this historic association Jews strove throughout the centuries to go back to the land of their fathers and regain their statehood. In recent decades they returned in their masses. They reclaimed the wilderness, revived their language, built cities and villages, and established a vigorous and ever-growing community, with its own economic and cultural life. They sought peace yet were prepared to defend themselves. They brought the blessings of progress to all inhabitants of the country and looked forward to sovereign independence.

In the year 1897 the First Zionist Congress, inspired by Theodor Herzl’s vision of the Jewish State, proclaimed the right of the Jewish people to national revival in their own country. This right was acknowledged by the Balfour Declaration of November 2, 1917, and re-affirmed by the mandate of the League of Nations, which gave explicit international recognition to the historic connection of the Jewish people with Palestine and their right to reconstitute their National Home.

The recent holocaust, which engulfed millions of Jews in Europe, proved anew the need to solve the problem of the homelessness and lack of independence of the Jewish people by means of the re-establishment of the Jewish State, which would open the gates to all Jews and endow the Jewish people with equality of status among the family of nations.

The survivors of the disastrous slaughter in Europe, and also Jews from other lands, have not desisted from efforts to reach Eretz Israel, in face of difficulties, obstacles and perils; and have not ceased to urge their right to a life of dignity, freedom and honest toil in their ancestral land.

In the Second World War the Jewish people in Palestine made their full contribution to the struggle of the freedom-loving nations against the Nazi evil. The sacrifices of their soldiers and their war effort gained them the right to rank with the nations, which founded the United Nations. On November 29, 1947, the General Assembly of the United Nations adopted a Resolution requiring the establishment of a Jewish State in Palestine. The General Assembly called upon the inhabitants of the country to take all the necessary steps on their part to put the plan into effect. This recognition by the United Nations of the right of the Jewish people to establish their independent State is unassailable.

It is the natural right of the Jewish people to lead, as do all other nations, an independent existence in its sovereign State.

ACCORDINGLY WE, the members of the National Council, representing the Jewish people in Palestine, and the World Zionist Movement, are met together in solemn assembly today, the day of termination of the British mandate for Palestine; and by virtue of the natural and historic right of the Jewish people and of the Resolution of the General Assembly of the United Nations.

WE HEREBY PROCLAIM the establishment of the Jewish State in Palestine to be called ‘Medinal Israel’ (The State of Israel). WE HEREBY DECLARE that, as from the termination of the British Mandate at midnight, the 14th-15th May, 1948, and pending the setting up of the duly elected bodies of the State in accordance with a Constitution, to be drawn up by the Constituent Assembly not later than the 1st October, 1948, the National Council shall act as the Provisional State Council, and that the National Administration shall constitute the Provisional Government of the Jewish State, which shall be known as Israel.

THE STATE OF ISRAEL will be open for immigration of Jews from all countries of their dispersion; will promote the development of the country for the benefit of all its inhabitants; will be based on the principles of liberty, justice and peace as conceived by the Prophets of Israel, will uphold the full social and political equality of all its citizens, without distinction of religion, race or sex will guarantee freedom of religion, conscience, education and culture; will safeguard the Holy Places of all religions; and will loyally uphold the principles of the United Nations Charter.

THE STATE OF ISRAEL will be ready to cooperate with the organs and representatives of the United Nations in the implementation of the Resolution of the Assembly of November 29, 1947, and will take steps to bring about Economic Union over the whole of Palestine. We appeal to the United Nations to assist the Jewish people in the building of its State and to admit Israel into the family of Nations. In the midst of wanton aggression, we yet call upon the Arab inhabitants of the State of Israel to preserve the ways of peace and play their part in the development of the State, on the basis of full and equal citizenship and due representation in all its bodies and institutions – provisional and permanent.

We extend our hand in peace and neighborliness to all the neighboring states and their peoples, and invite them to co-operate with the independent Jewish nation for the common good of all. The State of Israel is prepared to make its contribution to the progress of the Middle East as a whole.

Our call goes out to the Jewish people all over the world to rally to our side in the task of immigration and development and to stand by us in the great struggle for the fulfillment of the dream of generations for the redemption of Israel.

With trust in Almighty God, we set our hand to this Declaration, at this Session of the Provisional State Council, on this Sabbath eve, the fifth of Iyar, 5708, the fourteenth day of May, 1948.

The Signatories
David Ben-Gurion, Daniel Auster, Mordechai Bentov,
Isaac Ben-Zvi, Eliyahu Berligne, Fritz (Peretz) Bernstein,
Rabbi Wolf Gold, Meir Grabovsky, Isaac Gruenbaum,
Dr Abraham Granovsky (Granott), Eliyahu Dobkin,
Meir Wilner-Kovner,Zerach Wahrhaftig, Herzl Vardi,
Rachel Cohen, Rabbi Kalman Kahana,Saadia Kobashi,
Rabbi Isaac Meir Levin, Meir David Loewernstein, Zvi Luria,
Golda Myerson (Meir), Nachum Nir, Zvi Segal,
Rabbi Yehuda Leib Fishman (Maimon), David Zvi Pinkas,
Aharon Zisling,Moshe Kolodny (Kol), Eliezer Kaplan,
Abraham Katznelson, Felix Rosenblueth (Rosen), David Remez,
Berl Repetur, Mordechai Shattner, Ben Zion Sternbery,
Bechor Shitreet, Moshe Shertok (Sharett).

The Fourth Geneva Convention on Rules of War was adopted in 1949 by the international community in response to Nazi atrocities during World War II. The international treaty governs the treatment of civilians during wartime, including hostages, diplomats, spies, bystanders and civilians in territory under military occupation. The convention outlaws torture, collective punishment and the resettlement by an occupying power of its own civilians on territory under its military control. In the fifty years since its adoption, the Fourth Geneva Convention has never been used to condemn world atrocities including those in Bosnia, Rwanda, Kosovo, Tibet, etc. 

*Since 1997 the Arab group at the United Nations has been trying to invoke the Fourth Geneva Convention against Israel, in regard to its settlements in the West Bank and Gaza Strip, and in particular at Har Homa in Jerusalem. The UN General Assembly has adopted a number of non-binding resolutions condemning Israeli settlements, and calling for a convening of the signatory nations of the Fourth Geneva Convention. In February 1999 the GA adopted a resolution calling for a special UN session to be held on July 15, 1999 in Geneva to examine “persistent violations” by Israel.  

*Israel rejects the interpretation of the 4th Geneva Convention applying it to Israeli settlements in the West Bank and Gaza Strip, stating that those territories were captured in 1967 as a result of a defensive war against countries which had illegally occupied them since 1948.  

*Switzerland is the Depository for the 4th Geneva Convention. This means that the Swiss are technically responsible for organizing and convening a meeting of the signatory nations. However, the Swiss may only convene the meeting if a majority of the signatory nations agree to do so.  

*ADL has vigorously opposed convening the Fourth Geneva Convention in regard to Israeli settlements arguing that it could dangerously politicize the international legitimacy and high standings of the Geneva Conventions. It could open a Pandora’s box across the globe haphazardly applying the convention to a plethora of nations. Furthermore, it would give credence to the Palestinian tactic of using the international community to air grievances regarding the Israeli-Palestinian peace process, and thereby threatens the peace process itself.  

*International efforts led by the United States were successful in scaling down the July 15thspecial UN meeting in Geneva. The closed-door meeting lasted a mere 45 minutes. However, a resolution was unanimously passed stating that the Fourth Geneva Convention does apply to Israeli settlements in the “occupied territories.”

The Fourth Geneva Convention on Rules of War was adopted in 1949 by the international community in response to Nazi atrocities during World War II. The international treaty governs the treatment of civilians during wartime, including hostages, diplomats, spies, bystanders and civilians in territory under military occupation. The convention outlaws torture, collective punishment and the resettlement by an occupying power of its own civilians on territory under its military control. In the fifty years since its adoption, the Fourth Geneva Convention has never been used to condemn world atrocities including those in Bosnia, Rwanda, Kosovo, Tibet, etc. 

*Since 1997 the Arab group at the United Nations has been trying to invoke the Fourth Geneva Convention against Israel, in regard to its settlements in the West Bank and Gaza Strip, and in particular at Har Homa in Jerusalem. The UN General Assembly has adopted a number of non-binding resolutions condemning Israeli settlements, and calling for a convening of the signatory nations of the Fourth Geneva Convention. In February 1999 the GA adopted a resolution calling for a special UN session to be held on July 15, 1999 in Geneva to examine “persistent violations” by Israel.  

*Israel rejects the interpretation of the 4th Geneva Convention applying it to Israeli settlements in the West Bank and Gaza Strip, stating that those territories were captured in 1967 as a result of a defensive war against countries which had illegally occupied them since 1948.  

*Switzerland is the Depository for the 4th Geneva Convention. This means that the Swiss are technically responsible for organizing and convening a meeting of the signatory nations. However, the Swiss may only convene the meeting if a majority of the signatory nations agree to do so.  

*ADL has vigorously opposed convening the Fourth Geneva Convention in regard to Israeli settlements arguing that it could dangerously politicize the international legitimacy and high standings of the Geneva Conventions. It could open a Pandora’s box across the globe haphazardly applying the convention to a plethora of nations. Furthermore, it would give credence to the Palestinian tactic of using the international community to air grievances regarding the Israeli-Palestinian peace process, and thereby threatens the peace process itself.  

*International efforts led by the United States were successful in scaling down the July 15thspecial UN meeting in Geneva. The closed-door meeting lasted a mere 45 minutes. However, a resolution was unanimously passed stating that the Fourth Geneva Convention does apply to Israeli settlements in the “occupied territories.”

Resolutions of the Palestine National Council
July 1-17, 1968
Article 1:
Palestine is the homeland of the Arab Palestinian people; it is an indivisible part of the Arab homeland, and the Palestinian people are an integral part of the Arab nation.

 Article 2:
Palestine, with the boundaries it had during the British Mandate, is an indivisible territorial unit.

 Article 3:
The Palestinian Arab people possess the legal right to their homeland and have the right to determine their destiny after achieving the liberation of their country in accordance with their wishes and entirely of their own accord and will.

 Article 4:
The Palestinian identity is a genuine, essential, and inherent characteristic; it is transmitted from parents to children. The Zionist occupation and the dispersal of the Palestinian Arab people, through the disasters, which befell them, do not make them lose their Palestinian identity and their membership in the Palestinian community, nor do they negate them.

 Article 5:
The Palestinians are those Arab nationals who, until 1947, normally resided in Palestine regardless of whether they were evicted from it or have stayed there. Anyone born, after that date, of a Palestinian father – whether inside Palestine or outside it – is also a Palestinian.

 Article 6:
The Jews who had normally resided in Palestine until the beginning of the Zionist invasion will be considered Palestinians.

 Article 7:
That there is a Palestinian community and that it has material, spiritual, and historical connection with Palestine are indisputable facts. It is a national duty to bring up individual Palestinians in an Arab revolutionary manner. All means of information and education must be adopted in order to acquaint the Palestinian with his country in the most profound manner, both spiritual and material, that is possible. He must be prepared for the armed struggle and ready to sacrifice his wealth and his life in order to win back his homeland and bring about its liberation. 

Article 8:
The phase in their history, through which the Palestinian people are now living, is that of national (watani) struggle for the liberation of Palestine. Thus the conflicts among the Palestinian national forces are secondary, and should be ended for the sake of the basic conflict that exists between the forces of Zionism and of imperialism on the one hand, and the Palestinian Arab people on the other. On this basis the Palestinian masses, regardless of whether they are residing in the national homeland or in diaspora (mahajir) constitute – both their organizations and the individuals – one national front working for the retrieval of Palestine and its liberation through armed struggle.

 Article 9:
Armed struggle is the only way to liberate Palestine. This it is the overall strategy, not merely a tactical phase. The Palestinian Arab people assert their absolute determination and firm resolution to continue their armed struggle and to work for an armed popular revolution for the liberation of their country and their return to it. They also assert their right to normal life in Palestine and to exercise their right to self-determination and sovereignty over it.

 Article 10:
Commando action constitutes the nucleus of the Palestinian popular liberation war. This requires its escalation, comprehensiveness, and the mobilization of all the Palestinian popular and educational efforts and their organization and involvement in the armed Palestinian revolution. It also requires the achieving of unity for the national (watani) struggle among the different groupings of the Palestinian people, and between the Palestinian people and the Arab masses, so as to secure the continuation of the revolution, its escalation, and victory.

 Article 11:
The Palestinians will have three mottoes: national (wataniyya) unity, national (qawmiyya) mobilization, and liberation.

 Article 12:
The Palestinian people believe in Arab unity. In order to contribute their share toward the attainment of that objective, however, they must, at the present stage of their struggle, safeguard their Palestinian identity and develop their consciousness of that identity, and oppose any plan that may dissolve or impair it.

 Article 13:
Arab unity and the liberation of Palestine are two complementary objectives, the attainment of either of which facilitates the attainment of the other. Thus, Arab unity leads to the liberation of Palestine, the liberation of Palestine leads to Arab unity; and work toward the realization of one objective proceeds side by side with work toward the realization of the other.

 Article 14:
The destiny of the Arab nation, and indeed Arab existence itself, depend upon the destiny of the Palestine cause. From this interdependence springs the Arab nation’s pursuit of, and striving for, the liberation of Palestine. The people of Palestine play the role of the vanguard in the realization of this sacred (qawmi) goal.

 Article 15:
The liberation of Palestine, from an Arab viewpoint, is a national (qawmi) duty and it attempts to repel the Zionist and imperialist aggression against the Arab homeland, and aims at the elimination of Zionism in Palestine. Absolute responsibility for this falls upon the Arab nation – peoples and governments – with the Arab people of Palestine in the vanguard. Accordingly, the Arab nation must mobilize all its military, human, moral, and spiritual capabilities to participate actively with the Palestinian people in the liberation of Palestine. It must, particularly in the phase of the armed Palestinian revolution, offer and furnish the Palestinian people with all possible help, and material and human support, and make available to them the means and opportunities that will enable them to continue to carry out their leading role in the armed revolution, until they liberate their homeland.

 Article 16:
The liberation of Palestine, from a spiritual point of view, will provide the Holy Land with an atmosphere of safety and tranquility, which in turn will safeguard the country’s religious sanctuaries and guarantee freedom of worship and of visit to all, without discrimination of race, color, language, or religion. Accordingly, the people of Palestine look to all spiritual forces in the world for support.

 Article 17:
The liberation of Palestine, from a human point of view, will restore to the Palestinian individual his dignity, pride, and freedom. Accordingly the Palestinian Arab people look forward to the support of all those who believe in the dignity of man and his freedom in the world.

 Article 18:
The liberation of Palestine, from an international point of view, is a defensive action necessitated by the demands of self-defense. Accordingly the Palestinian people, desirous as they are of the friendship of all people, look to freedom-loving, and peace-loving states for support in order to restore their legitimate rights in Palestine, to re-establish peace and security in the country, and to enable its people to exercise national sovereignty and freedom. 

Article 19:
The partition of Palestine in 1947 and the establishment of the state of Israel are entirely illegal, regardless of the passage of time, because they were contrary to the will of the Palestinian people and to their natural right in their homeland, and inconsistent with the principles embodied in the Charter of the United Nations, particularly the right to self-determination.

 Article 20:
The Balfour Declaration, the Mandate for Palestine, and everything that has been based upon them, are deemed null and void. Claims of historical or religious ties of Jews with Palestine are incompatible with the facts of history and the true conception of what constitutes statehood. Judaism, being a religion, is not an independent nationality. Nor do Jews constitute a single nation with an identity of its own; they are citizens of the states to which they belong.

 Article 21:
The Arab Palestinian people, expressing themselves by the armed Palestinian revolution, reject all solutions which are substitutes for the total liberation of Palestine and reject all proposals aiming at the liquidation of the Palestinian problem, or its internationalization.

 Article 22:
Zionism is a political movement organically associated with international imperialism and antagonistic to all action for liberation and to progressive movements in the world. It is racist and fanatic in its nature, aggressive, expansionist, and colonial in its aims, and fascist in its methods. Israel is the instrument of the Zionist movement, and geographical base for world imperialism placed strategically in the midst of the Arab homeland to combat the hopes of the Arab nation for liberation, unity, and progress. Israel is a constant source of threat vis-à-vis peace in the Middle East and the whole world. Since the liberation of Palestine will destroy the Zionist and imperialist presence and will contribute to the establishment of peace in the Middle East, the Palestinian people look for the support of all the progressive and peaceful forces and urge them all, irrespective of their affiliations and beliefs, to offer the Palestinian people all aid and support in their just struggle for the liberal.

 Article 23:
The demand of security and peace, as well as the demand of right and justice, require all states to consider Zionism an illegitimate movement, to outlaw its existence, and to ban its operations, in order that friendly relations among peoples may be preserved, and the loyalty of citizens to their respective homelands safeguarded.

 Article 24:
The Palestinian people believe in the principles of justice, freedom, sovereignty, self-determination, human dignity, and in the right of all peoples to exercise them.

 Article 25:
For the realization of the goals of this Charter and its principles, the Palestine Liberation Organization will perform its role in the liberation of Palestine in accordance with the Constitution of this Organization.

 Article 26:
The Palestine Liberation Organization, representative of the Palestinian revolutionary forces, is responsible for the Palestinian Arab people’s movement in its struggle – to retrieve its homeland, liberate and return to it and exercise the right to self-determination in it – in all military, political, and financial fields and also for whatever may be required by the Palestine case on the inter-Arab and international levels.

 Article 27:
The Palestine Liberation Organization shall cooperate with all Arab states, each according to its potentialities; and will adopt a neutral policy among them in the light of the requirements of the war of liberation; and on this basis it shall not interfere in the internal affairs of any Arab state.

 Article 28:
The Palestinian Arab people assert the genuineness and independence of their national (wataniyya) revolution and reject all forms of intervention, trusteeship, and subordination.

 Article 29:
The Palestinian people possess the fundamental and genuine legal right to liberate and retrieve their homeland. The Palestinian people determine their attitude toward all states and forces on the basis of the stands they adopt vis-à-vis to the Palestinian revolution to fulfill the aims of the Palestinian people.

 Article 30:
Fighters and carriers of arms in the war of liberation are the nucleus of the popular army, which will be the protective force for the gains of the Palestinian Arab people. 

Article 31:
The Organization shall have a flag, an oath of allegiance, and an anthem. All this shall be decided upon in accordance with a special regulation.

 Article 32:
Regulations, which shall be known as the Constitution of the Palestinian Liberation Organization, shall be annexed to this Charter. It will lay down the manner in which the Organization, and its organs and institutions, shall be constituted; the respective competence of each; and the requirements of its obligation under the Charter.

 Article 33:
This Charter shall not be amended save by [vote of] a majority of two-thirds of the total membership of the National Congress of the Palestine Liberation Organization [taken] at a special session convened for that purpose.
* English rendition as published in Basic Political Documents of the Armed Palestinian Resistance Movement; Leila S. Kadi (ed.), Palestine Research Centre, Beirut, December 1969, pp.137-141

15-Nov-88

In the name of God, the Compassionate, the Merciful

Palestine, the land of the three monotheistic faiths, is where the Palestinian Arab people was born, on which it grew, developed and excelled. Thus the Palestinian Arab people ensured for itself an everlasting union between itself, its land, and its history.

Resolute throughout that history, the Palestinian Arab people forged its national identity, rising even to unimagined levels in its defense, as invasion, the design of others, and the appeal special to Palestine’s ancient and luminous place on the eminence where powers and civilizations are joined. All this intervened thereby to deprive the people of its political independence. Yet the undying connection between Palestine and its people secured for the land its character, and for the people its national genius.

Nourished by an unfolding series of civilizations and cultures, inspired by a heritage rich in variety and kind, the Palestinian Arab people added to its stature by consolidating a union between itself and its patrimonial Land. The call went out from Temple, Church, and Mosque that to praise the Creator, to celebrate compassion and peace was indeed the message of Palestine. And in generation after generation, the Palestinian Arab people gave of itself unsparingly in the valiant battle for liberation and homeland. For what has been the unbroken chain of our people’s rebellions but the heroic embodiment of our will for national independence. And so the people was sustained in the struggle to stay and to prevail.

When in the course of modern times a new order of values was declared with norms and values fair for all, it was the Palestinian Arab people that had been excluded from the destiny of all other peoples by a hostile array of local and foreign powers. Yet again had unaided justice been revealed as insufficient to drive the world’s history along its preferred course.

And it was the Palestinian people, already wounded in its body, that was submitted to yet another type of occupation over which floated that falsehood that “Palestine was a land without people.” This notion was foisted upon some in the world, whereas in Article 22 of the Covenant of the League of Nations (1919) and in the Treaty of Lausanne (1923), the community of nations had recognized that all the Arab territories, including Palestine, of the formerly Ottoman provinces, were to have granted to them their freedom as provisionally independent nations.

Despite the historical injustice inflicted on the Palestinian Arab people resulting in their dispersion and depriving them of their right to self-determination, following upon U.N. General Assembly Resolution 181 (1947), which partitioned Palestine into two states, one Arab, one Jewish, yet it is this Resolution that still provides those conditions of international legitimacy that ensure the right of the Palestinian Arab people to sovereignty.

By stages, the occupation of Palestine and parts of other Arab territories by Israeli forces, the willed dispossession and expulsion from their ancestral homes of the majority of Palestine’s civilian inhabitants, was achieved by organized terror; those Palestinians who remained, as a vestige subjugated in its homeland, were persecuted and forced to endure the destruction of their national life.

Thus were principles of international legitimacy violated. Thus were the Charter of the United Nations and its Resolutions disfigured, for they had recognized the Palestinian Arab people’s national rights, including the right of Return, the right to independence, the right to sovereignty over territory and homeland.

In Palestine and on its perimeters, in exile distant and near, the Palestinian Arab people never faltered and never abandoned its conviction in its rights of Return and independence. Occupation, massacres and dispersion achieved no gain in the unabated Palestinian consciousness of self and political identity, as Palestinians went forward with their destiny, undeterred and unbowed. And from out of the long years of trial in ever-mounting struggle, the Palestinian political identity emerged further consolidated and confirmed. And the collective Palestinian national will forged for itself a political embodiment, the Palestine Liberation Organization, its sole, legitimate representative recognized by the world community as a whole, as well as by related regional and international institutions. Standing on the very rock of conviction in the Palestinian people’s inalienable rights, and on the ground of Arab national consensus and of international legitimacy, the PLO led the campaigns of its great people, molded in.

The massive national uprising, the intifada, now intensifying in cumulative scope and power on occupied Palestinian territories, as well as the unflinching resistance of the refugee camps outside the homeland, have elevated awareness of the Palestinian truth and right into still higher realms of comprehension and actuality. Now at last the curtain has been dropped around a whole epoch of prevarication and negation. The intifada has set siege to the mind of official Israel, which has for too long relied exclusively upon myth and terror to deny Palestinian existence altogether. Because of the intifada and its revolutionary irreversible impulse, the history of Palestine has therefore arrived at a decisive juncture.

Whereas the Palestinian people reaffirms most definitively its inalienable rights in the land of its patrimony:

Now by virtue of natural, historical and legal rights, and the sacrifices of successive generations who gave of themselves in defense of the freedom and independence of their homeland;

In pursuance of Resolutions adopted by Arab Summit Conferences and relying on the authority bestowed by international legitimacy as embodied in the Resolutions of the United Nations Organization since 1947;

And in exercise by the Palestinian Arab people of its rights to self-determination, political independence and sovereignty over its territory,

The Palestine National Council, in the name of God, and in the name of the Palestinian Arab people, hereby proclaims the establishment of the State of Palestine on our Palestinian territory with its capital Jerusalem (Al-Quds Ash-Sharif).

The State of Palestine is the state of Palestinians wherever they may be. The state is for them to enjoy in it their collective national and cultural identity, theirs to pursue in it a complete equality of rights. In it will be safeguarded their political and religious convictions and their human dignity by means of a parliamentary democratic system of governance, itself based on freedom of expression and the freedom to form parties. The rights of minorities will duly be respected by the majority, as minorities must abide by decisions of the majority. Governance will be based on principles of social justice, equality and non-discrimination in public rights of men or women, on grounds of race, religion, color or sex, and the aegis of a constitution which ensures the rule of law and an independent judiciary. Thus shall these principles allow no departure from Palestine’s age-old spiritual and civilizational heritage of tolerance and religious coexistence.

The State of Palestine is an Arab state, an integral and indivisible part of the Arab nation, at one with that nation in heritage and civilization, with it also in its aspiration for liberation, progress, democracy and unity. The State of Palestine affirms its obligation to abide by the Charter of the League of Arab States, whereby the coordination of the Arab states with each other shall be strengthened. It calls upon Arab compatriots to consolidate and enhance the emein reality of state, to mobilize potential, and to intensify efforts whose goal is to end Israeli occupation.

The State of Palestine proclaims its commitment to the principles and purposes of the United Nations, and to the Universal Declaration of Human Rights. It proclaims its commitment as well to the principles and policies of the Non-Aligned Movement.

It further announces itself to be a peace-loving State, in adherence to the principles of peaceful co-existence. It will join with all states and peoples in order to assure a permanent peace based upon justice and the respect of rights so that humanity’s potential for well-being may be assured, an earnest competition for excellence may be maintained, and in which confidence in the future will eliminate fear for those who are just and for whom justice is the only recourse.

In the context of its struggle for peace in the land of Love and Peace, the State of Palestine calls upon the United Nations to bear special responsibility for the Palestinian Arab people and its homeland. It calls upon all peace-and freedom-loving peoples and states to assist it in the attainment of its objectives, to provide it with security, to alleviate the tragedy of its people, and to help it terminate Israel’s occupation of the Palestinian territories.

The State of Palestine herewith declares that it believes in the settlement of regional and international disputes by peaceful means, in accordance with the U.N. Charter and resolutions. With prejudice to its natural right to defend its territorial integrity and independence, it therefore rejects the threat or use of force, violence and terrorism against its territorial integrity or political independence, as it also rejects their use against territorial integrity of other states.

Therefore, on this day unlike all others, November 15, 1988, as we stand at the threshold of a new dawn, in all honor and modesty we humbly bow to the sacred spirits of our fallen ones, Palestinian and Arab, by the purity of whose sacrifice for the homeland our sky has been illuminated and our Land given life. Our hearts are lifted up and irradiated by the light emanating from the much blessed intifada, from those who have endured and have fought the fight of the camps, of dispersion, of exile, from those who have borne the standard for freedom, our children, our aged, our youth, our prisoners, detainees and wounded, all those ties to our sacred soil are confirmed in camp, village, and town. We render special tribute to that brave Palestinian Woman, guardian of sustenance and Life, keeper of our people’s perennial flame. To the souls of our sainted martyrs, the whole of our Palestinian Arab people that our struggle shall be continued until the occupation ends, and the foundation of our sovereignty and indepe.

Therefore, we call upon our great people to rally to the banner of Palestine, to cherish and defend it, so that it may forever be the symbol of our freedom and dignity in that homeland, which is a homeland for the free, now and always.

In the name of God, the Compassionate, the Merciful:
“Say: ‘O God, Master of the Kingdom,
Thou givest the Kingdom to whom Thou wilt,
and seizes the Kingdom from whom Thou wilt,
Thou exalted whom Thou wilt, and Thou
abasest whom Thou wilt; in Thy hand
is the good; Thou are powerful over everything.”

1989 Summit of the EU regarding the Middle East

The European Council has examined the situation in the Middle East conflict in the light of recent events and contacts undertaken over several months by the Presidency and the Troika with the parties concerned, and it has drawn the following conclusions:

1. The policy of the Twelve on the Middle East conflict is defined in the Venice Declaration of 13 June 1980 and other subsequent declarations. It consists in upholding the right to security of all states in the region, including Israel, that is to say, to live within secure, recognized and guaranteed frontiers, and in upholding justice for all the peoples of the region, which includes recognition of the legitimate rights of the Palestinian people, including their right to self-determination with all that this implies.

The Twelve consider that these objectives should be achieved by peaceful means in the framework of an international peace conference under the auspices of the United Nations, as the appropriate forum for the direct negotiations between the parties concerned, with a view to a comprehensive, just and lasting settlement.

The European Council is also of the view that the PLO should participate in this process. It expresses its support for every effort by the permanent members of the Security Council of the United Nations to bring the parties closer together, create a climate of confidence between them, and facilitate in this way the convening of the international conference.

2. The community and its Member States have demonstrated their readiness to participate actively in the search for a negotiated solution to the conflict and to cooperate fully in the social and economic development of the peoples of the region.

The European Council expresses its satisfaction regarding the policy of contacts with all parties undertaken by the Presidency and the Troika, and has decided to purse it.

3. The European Council welcomes the support given by the Extraordinary Summit Meeting of the Arab League, held in Casablanca, to the decisions of the Palestinian National Council in Algiers, involving acceptance of Security Council Resolutions 242 and 338, which resulted in the recognition of Israel’s right to exist, as well as the renunciation of terrorism.

It also welcomes the efforts undertaken by the United States in their contracts with the parties directly concerned and particularly the dialogue entered into with the PLO

Advantage should be taken of these favorable circumstances to engender a spirit of tolerance and peace with a view to entering resolutely on the path of negotiations..

4. The European Council deplores the continuing deterioration of the situation in the Occupied Territories and the constant increase in the number of dead and wounded, and the suffering of the population.

It appeals urgently to the Israeli authorities to put an end to repressive measures, to implement Resolutions 605, 607, and 608 of the Security Council and to respect the provisions of the Geneva Convention on the Protection of Civilian Populations in Times of War.

They appeal in particular for the reopening educational facilities in the West Bank.

5. On the basis of the positions of principle of the Twelve, the European Council welcomes the proposal for elections in the Occupied Territories as a contribution to the peace process, provided that:

The elections are set in the context of a process towards a comprehensive, just, and lasting settlement of the conflict. the elections take place in the Occupied Territories, including East Jerusalem, under adequate guarantees of freedom. no solution is excluded and the final negotiation takes place on the basis of Resolutions 242 and 338 of the Security Council of the United Nations, based on the principle of “land for peace”.

6. the European Council launches a solemn appeal to the parties concerned to seize the opportunity to achieve peace. Respect by each of the parties for the legitimate rights of the other should facilitate the normalizing of relations between all the countries of the region.

The European Council calls upon the Arab countries to establish normal relations of peace and cooperation with Israel and asks that country in turn to recognize the right of the Palestinian people to exercise self-determination.

Page 17 of 32

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