Recognizing Israeli settlements is about sovereignty, and that's a game-changer - 0 views
www.brookings.edu/...ignty-and-thats-a-game-changer
Israel US USA Palestine israelpalestine MEPP settlements law sovereignty
shared by Ed Webb on 02 Dec 19
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If the Trump administration endorses annexation, a position in line with recognizing the legality of settlements, then the framework of the Israeli-Palestinian conflict changes and the issues of sovereignty and political rights will become front and center.
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Without question, the new U.S. stance on settlements undermines international law, which is clear on the illegality of an occupying power transferring its population into occupied territory. The applicability of this tenet of the Fourth Geneva Convention to Israel-Palestine has been upheld by near-universal international consensus since the occupation began in 1967, including by the U.N. Security Council and the International Court of Justice.
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the opinion of a single state — even the most powerful one — does not alter the law itself. As Rupert Colville, the spokesman for the U.N. Commissioner on Human Rights, responded to the Trump administration announcement, “a change in the policy of one state does not modify existing international law nor its interpretation by the International Court of Justice and Security Council.” If the rest of the world continues to adhere to the principle that the settlements are illegal, the decision will likely do more to undermine U.S. standing and leadership than the Geneva Convention or the law itself.
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while settlements certainly represent the largest physical obstacle to the establishment of a Palestinian state, the Trump decision hardly changes anything on this front. The U.S. has consistently failed to take action against settlements in order to protect the prospect for the establishment of a Palestinian state. Even at the height of the peace process in the 1990s, the Clinton administration permitted continued settlement-building to the point that the settler population tripled despite ongoing negotiations. While various administrations, such as those of George H.W. Bush and Barack Obama, pushed back against settlements, their efforts were never sustained and settlement-building ultimately carried on.
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if Israeli settlements are not illegal, and Israelis are able to rightfully settle the land under Israel’s political and military control, then what does that mean for the stateless Palestinians who also live there and for Israel’s 52-year rule over them? In other words, if it is not military occupation, which undoubtedly prohibits the type of settlement that Israel has engaged in, then it is something else and the world should demand that Israel clarify its position and intentions over the territory.
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It is, in part, the limbo of endless occupation that has doomed the Palestinians to political purgatory, without a state of their own but without citizenship in any other state. It is what differentiates Palestinians from so many other ethnic groups that live as minorities in the ethnic-national states of others. Take the Kurds, for example, who lack a state of their own but who are at the very least citizens of Turkey, Syria, Iraq, Iran, and elsewhere.
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This murkiness has also allowed Israel to gradually take physical possession of the land through a colonial process under the cover of temporary occupation, without having to offer political rights to the native inhabitants of the land who live side by side with Israeli settlers. Yet if Israel is the recognized sovereign, then it can’t take legal possession of the land without all of the inhabitants. If it doesn’t want the Palestinians, then the land needed to create a viable alternative political entity for them to fulfill their rights is needed. Israel simply cannot have it both ways.
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While the Palestinian political leadership still fully embraces a two-state solution, the majority of public opinion has shifted away from it. That could be a game changer, especially as the Netanyahu-led government in Israel looks ready to begin annexing the settlements, at the very minimum.