The Limited Times

Now you can see non-English news...

Century Program and International Law

2020-01-28T22:55:17.084Z


Talia Einhorn


Israel faces a fateful hour for the future of the Zionist movement in Israel.

The situation is similar to that of David Ben-Gurion on the eve of the UN General Assembly's partisan decision in November 1947. The partition decision did not have its own validity in international law, and was dependent on the agreement of the parties. The Israeli leadership was therefore required to make a decision whether to declare its willingness to sign the declaration and commitment, which were accepted by the Arab states, would oblige Israel, since only with the consent of neighboring countries permanent boundaries can be set in international law.

The Provisional Government, led by David Ben-Gurion, chose to announce its readiness - and in doing so, declared its commitment. Israel's Arab neighbors, for their part, refused to commit to the partition plan and even tried to thwart it. The sequel is well known. In 1949, when Israel sought to be accepted into the United Nations, our representative Mr. Abba Ibn was asked if Israel would be willing to repeat the commitment to the same plan - and he responded in the negative. Israel was accepted as a member of the United Nations based on this statement. In the aftermath of the Six-Day War, which led to Security Council Resolution 242, there was no further reference to the partition plan.

So now - permanent borders can only be set between Israel and its neighbors. The Israeli commitment under the century plan will only mean international law if the Palestinian Authority accepts the commitments outlined in the plan to maintain genuine peace relations with Israel, and to act to fulfill the truth of the truth in actual actions (and this time not in statements, as was the decision in the partition). .

However, if the Palestinian Authority chooses to thwart the centennial plan, the Israeli commitment will also evaporate. All that remains of the century plan will only be the application of Israeli sovereignty to settlement beyond the Green Line, a move of great practical importance, which is crucial to exhausting Israel's support for the United States.

While Arab residents of Judea and Samaria, living in Areas A and B (most of the Arab population) are subject to the Palestinian Authority, Israel did not apply Israeli law, and therefore its sovereignty, to settlement in the territories under its exclusive control.
The report by Edmund Levy rightly states that "the phenomenon we see in the issue of Israeli settlement in Judea and Samaria is inappropriate for the behavior of a state that has championed the rule of law as a goal to be pursued and the same obligation to end." Since 1967, 53 and a half years have passed and no longer be accepted Freezing such a situation.

After the War of Independence, Israel applied its sovereignty, by virtue of the Judgment and Jurisdiction Ordinance, 1948, to all territories of Palestine that were under IDF control, but were found beyond the boundaries designated for the State of Israel by the United Nations Resolution in November 1947 - including large parts of the south and the Negev and the corridor of Jerusalem, Acre and Nazareth, Jaffa, Lod and Ramla, Ashdod, Ashkelon, Beer Sheva and even West Jerusalem. Today, for all these territories, it is clear to everyone that they are an integral part of the State of Israel.

After the Six Day War, Israel acted in the same way. The government has applied the law, jurisdiction and administration to East Jerusalem and the Old City by virtue of Amendment No. 11 to the Government Order and Judgment Order, received on June 28, 1967. We also see a shift in recognition of Israel's control by a growing number of states setting their embassies in Jerusalem .

Had it not been the commitment to the partition plan in the first place, and had not the Israeli law been applied later, Israel's status would have been questioned to this day. In summary, the two highlights that emerge from the analysis of the Century Plan in international law are:

  • Israeli law is not applied by the government to set permanent boundaries, as these can only be decided by agreement between the neighboring countries.
  • Applying the sovereignty and ensuring Israel's security and the civil rights of the residents, in whatever territory Israel chooses to apply its law, is the one that must guide the Israeli government.

Talia Einhorn is a full professor at Ariel University, and a member of the International Academy of Comparative Law

For more views of Talia Einhorn

Source: israelhayom

All news articles on 2020-01-28

You may like

Trends 24h

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.