http://theconversation.com/settlements-illegal-under-what-law-take-your-pick-minister-22341
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Settlements illegal under what law? Take your pick, minister
The Australian government has become an apologist for Israeli war crimes and a wrecker of sacred international humanitarian law principles. Last week, Australia’s foreign minister Julie Bishop asked to see which international law declared Israel’s settlements in Palestine illegal.
Australia’s new position contradicts almost 50 years of international consensus in the United Nations General Assembly, the Security Council and the International Court of Justice.
The Abbott government earlier reversed Australia’s long-standing bipartisan opposition to the settlements in the UN.
During her interview while in Israel, Bishop also claimed that deeming the settlements a war crime “is unlikely to engender a negotiated solution”.
There is no credible legal basis at all for the view that the settlements are legal, unless the self-serving legal fantasies of Israel and its Zionist supporters are naively accepted. The government’s legal advisers would never have told the foreign minister that the settlements are legal. They are too good to say that.
That leaves two possibilities. Either Bishop never sought their advice, or she deliberately ignored it for political reasons.
Why are the settlements illegal under international law? The West Bank is foreign territory occupied by Israel since the 1967 Arab-Israeli war. Occupied territory is governed by international humanitarian law.
The occupying Power shall not deport or transfer parts of its own civilian population into territory it occupies.
A violation of that rule is a war crime under Article 147 of the same treaty, and under Article 8 of the Rome Statute of the International Criminal Court. Australia is a party to the Geneva Conventions and the Rome Statute. That war crime is also an offence under Australian law, in case Bishop forgot that the last Coalition MP to hold her job, Alexander Downer, legislated it in 2002.
The International Court of Justice, in its Israeli Wall Advisory Opinion in 2004, said that Article 49:
…prohibits not only deportations or forced transfers of population such as those carried out during the Second World War, but also any measures taken by an occupying Power in order to organise or encourage transfers of parts of its own population into the occupied territory.
Over decades, Israeli governments have actively encouraged the mass illegal migration and state-sponsored people smuggling of more than 500,000 Jewish settlers into Palestine. It has done so through a raft of special laws, regulations, policies and incentives, backed up by military force, social segregation and a compliant legal system.
It is strange that Australia, so concerned about illegal migration and border protection, is shamelessly backing illegal migration to Palestine.
Israeli and Zionist lawyers have long made bogus counter-arguments that the settlements are legal. Israel has often asserted that only forced transfers are illegal. Of course, that is not what the Geneva Convention says. Any “transfer” is illegal, including where settlers choose to move and the state assists them.
The rule is strict for good reasons. The law of occupationdemands that a military victor must not unilaterally change the demographic composition and social life of the foreign territory it controls. Otherwise the occupying force could simply colonise a captured territory with its own citizens, eventually making it impossible for the local population to restore or establish their sovereign right to self-government.
Settlements would therefore only be legal if the Palestinian people, through their representative political institutions, had agreed to them. They never have done so.
It is legally accurate to say that Israel has established illegal colonies by force in parts of the West Bank. Israeli leaders have very publicly proclaimed that they intend to keep them, prejudging fair “final status” negotiations.
An even more extreme Israeli legal argument is that the Geneva Conventions do not apply at all to Palestine, because the law of occupation applies only to conflicts over the sovereign territories of two countries. While Israel recognises the right of self-determination of the Palestinian people, the sovereign legal status of the West Bank has not yet been settled and Palestine is not yet a sovereign country.
Again, no country other than Israel supports this argument.Article 2 of the Geneva Conventions does not only apply to the military occupation of a state’s sovereign territory, but any territory, including where its legal ownership is disputed or yet to be determined. This is evident from the text and drafting of the conventions.
The International Court of Justice interpreted it in this way in its 2004 decision, decisively rejecting the Israeli argument. In any case, the customary international law of occupation applies even if the Geneva Conventions do not. It contains similar rules against illegal settlements.
Other bogus legal arguments have been advanced. One of my predecessors at Sydney University, Professor Julius Stone, claimed that settlements are only illegal if they impair the economic situation or racial integrity of the local population, or involve the inhumane treatment of those transferred. Stone argued that the settlements improved the Palestinian economy, did not affect the demographic situation and that Israel did not mistreat the settlers.
None of these purported conditions is found in the Geneva Conventions or in the legal practice of other countries.
In any case, Stone was writing in 1981, when there were only 20,000 Israeli settlers in a West Bank of 700,000 Arabs. Today, with 500,000 settlers in Palestine, it is likely that even a committed Zionist like Stone would have questioned the settlements. The economic impoverishment of Palestinians by the occupation and the security wall may also have made him think twice.
Australians deserve better from their foreign minister. At the very least, she should know what the law is. Every other country knows it.
But Australia should also stand against war crimes, not excuse them. It should fight for the Geneva Conventions, humanitarian principles and the rule of law, not undermine them. And it should not give succour to the dirty politics of Israel’s criminal colonial enterprise.
lll
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147 Comments sorted by
Nathan Grandel ofMelb
Jane Middlemist
Jane Middlemist is a Friend of The Conversation.
Mark Pollock
What borders would these be and when were they independently controlled by Palestinians?
David Theodor Roth
Mark Pollock
David Theodor Roth
Ken Alderton
An "independent Arab state" with defined boundaries was establised by resolution A/RES/181(II) of the General Assembly of the United Nations, on 29 November 1947. The UN had the authority for this resoltion because the decision was made "at the request of the mandatory Power", the United KIngdom. The United Kingdom was "the mandatory Power for Palestine"
What the independent Arab State was/is called is irrelevent. If you argue that it is not legitimate, logic dictates that you must argue that Israel is not legitimate.
What is sure is the the West Bank was within the defined borders of the independent Arab state as laid down by this resolution,
Gary Luke
Stephen John Ralph
Ken Alderton
A key part of the resolution adopted is the clause "The Security Council take the necessary measures as provided for in the plan for its implementation" The Security Council does not implement recommendations.
The fact that the Arab States refuted the resolution is irrelevent to the legitimacy of the UN resolution or the independent Arab state that it created.
Gary Luke
Ken Alderton
It recommended "the adoption and implementation, with regard to the future government of Palestine, of the Plan of Partition with Economic Union set out below"
What did the UN General Assembly do? On the 29 Novernber 1947 it voted by more than the reqiured 2/3 majority to adopt the Plan of Partition
It then…
Ken Alderton
Gary Luke
Nathan Grandel ofMelb
Darren G
R. Ambrose Raven
-1- Herzl(1897): “Both the process of expropriation and the removal of the poor [Palestinians] must be carried out discreetly and circumspectly.”
-2- Jabotinsky(~1923): “No native population would stomach the intrusion of another nation into their territory. So the gloves have to be off. Unremitting force is viewed as the only…
R. Ambrose Raven
Shirlee Finn
They have no historical territories and the majority of the so-called Palestinians came from surrounding countries if you do a search of their surnames.
Shirlee Finn
Shirlee Finn
issued at a summit in Khartoum, was not one no, but three:
Shirlee Finn
Shirlee Finn
Ken Alderton
Ken Alderton
Ken Alderton
Similarly "Britian" comes from the name of a Roman province.
Richard Clowes
Richard Clowes
Chris Borthwick
John Phillip
John Phillip is a Friend of The Conversation.
Michael Wilbur-Ham (MWH)
Andy Cameron
Andy Cameron
Andy Cameron
Andy Cameron
Andy Cameron
Ken Alderton
Andy Cameron
"Independent Arab and Jewish…
Nathan Grandel ofMelb
alan freeman
Whatever you do, Israeli apologists, don't ever let the FACTS get in the way of your ignorant views.
I am no expert, and there may be areas of this Professor's argument that could be interpreted in different ways, and some rulings by United Nations, International Court of Justice and the guidelines set out by the Geneva Convention, that could have a different interpretation - BUT - is anyone seriously going to argue that these bodies have been set up by the civilised world to bring transgressors to task ?
Julie Bishop, as with so many of this Government's Ministers continue to show their total ignorance of the Law !
Mark Pollock
Patricia Philippou
It is also PALESTINE that was lied about by Israel Zangwill when he said " A land without people for a people without land'.
It is PALESTINE that is spoken about by Theodor Herzi in 1895 when he wrote about taking it from the non-Jewish inhabitants, " We shall try to spirit the penniless population across the border.
Palestine included Semitic people of all religions in 1947; it was the European non Semitic Jews that came in 1948 who not only caused the tragedy, but used your fake question to justify taking their land.
Mark Pollock
Henry Verberne
Henry Verberne
Henry Verberne
Shirlee Finn
Shirlee Finn
Shirlee Finn
Peter Dawson
Mark Pollock
Richard Clowes
Andy Cameron
Patricia Philippou
Shirlee Finn
Ken Alderton
Semitic, adjective,
1. Relating to or denoting a family of languages that includes Hebrew, Arabic, and Aramaic and certain ancient languages such as Phoenician and Akkadian, constituting the main subgroup of the Afro-Asiatic family.
2. Relating to the peoples who speak Semitic languages, especially Hebrew and Arabic.
The Arabs conquered and colonised the Byzantine province of Syria which included the present lands of Israel and Jordan in 636 CE. This is about the time Anglo Saxons started to colonise Britian in numbers. Does your logic mean that the English are not the Anglo Saxon people of England
Nathan Grandel ofMelb
http://www.britannica.com/EBchecked/topic/27646/anti-Semitism
Patricia Philippou
Richard Clowes
Patricia Philippou
Shirlee Finn
Stephen John Ralph
In fact Israel keeps extending them as far as I can see.
Jane Middlemist
Jane Middlemist is a Friend of The Conversation.
Michael Shand
Michael Shand is a Friend of The Conversation.
Stephen John Ralph
Mark Pollock
Stephen John Ralph
Mark Pollock
David Theodor Roth
Stephen John Ralph
Henry Verberne
http://www.timesofisrael.com/us-cuts-military-aid-to-israel-by-5/
http://www.timesofisrael.com/us-cuts-military-aid-to-israel-by-5/
Mark Pollock
Henry Verberne
Shirlee Finn
Mark Pollock
Brandon Young
Andy Cameron
Andy Cameron
They never had anything of the sort until the mid-20th century. Gee I wonder why they suddenly butched up?
Stephen John Ralph
Andy Cameron
Stephen John Ralph
Andy Cameron
Michael Shand
Michael Shand is a Friend of The Conversation.
Ian Alexander
Henry Verberne
Gary Luke
Stephen John Ralph
David Theodor Roth
Gary Luke
David Theodor Roth
Frank Moore
Settlements are about power - changing the reality on the ground - over there.
Over here, immigration changes the realities on the ground as well.
100s of thousands of import focused consumers - with no hope of getting an export orientated job are stuffed into our dormitories of consumption otherwise known as our cities - every 6 months or so.
Largely against the will of Australians.
How do you get this mindless exploitation past the native population?
You kill off their nationalism via "multi nationalism" aka multiculturalism.
Invented by power mad foreigners in Australia for the benefit of those seeking to exploit Australians.
What Bishop is saying is totally consistent with her domestic mindset and that of the majority of those in Parliament.
Henry Verberne
Ken Alderton
Frank Moore
Immigration is a weapon.
In the Israel/Palestine scenario, immigration is the most important weapon Israel wields.
In Australia, the same weapon has been used against the locals for well over two hundred years.
Henry Verberne
David Tuck
Michael Wilbur-Ham (MWH)
David Tuck
The legality of the Iraq war is still questionable due to the fact that they broke treaties in place after the first gulf war. I personally believe that Saddam Hussein should have been imprisoned long before that after being found responsible for the downing of a plane containing all of the members of the then current OPEC commission designed to regulate global oil prices.
Michael Wilbur-Ham (MWH)
Ken Alderton
Michael Wilbur-Ham (MWH)
Peter Dawson
Michael Wilbur-Ham (MWH)
Pat Moore
Michael Wilbur-Ham (MWH)
Gary Luke
Peter Dawson
Pat Moore
Pat Moore
Andy Cameron
Stephen John Ralph
Ironic the rubbish that JG had to put up with in the same context.
Andy Cameron
Gary Luke
David Theodor Roth
Stephen John Ralph
Gary Luke
David Theodor Roth
Mark Pollock
Andy Cameron
R. Ambrose Raven
Robert Jones
1. Israel contains people of such diversity that it would be impossible to unite them without an external threat.
2. Whilst a conflict exists with its neighbours, Israel feels free to commandeer all the natural resources of the region, especially water.
3. The impoverished populations surrounding Israel…
Karl Lusdig
Lynne Newington
Lynne Newington is a Friend of The Conversation.
It sure was a way to gain worldwide attention.
Phil Dolan
One side says that they build settlements therefore we send rockets. The other that they refuse to negotiate so we may as well build settlements.
Greg North
That is made all the more complex through Israel only having been in existence following WW2 and the lands which form it having been known as Palestine and so it is a question of interpretation as to whether Israel, formed out of recognition by the fore runner to the UN, the League of Nations post WW1 is actually occupying what is known as the West Bank or is just developing land which they made available for Palestinians to settle in.
There is also a considerable and growing percentage of Israelis (West Bank excepted) that are of Palestinian ancestry and Muslim, something also of concern to Jewish Israelis.
Ken Alderton
David Theodor Roth
Gary Luke
Lynne Newington
Lynne Newington is a Friend of The Conversation.
Peter Dawson
Lynne Newington
Lynne Newington is a Friend of The Conversation.
Even some Israeli lawyers can get it wrong, David Singer had a lead article on the subject sometime ago worth a read ;
Daphne Anson: David Singer on the legal staus of Jewish settlements.....
Peter Dawson
Brandon Young
Brandon Young
Joy RIngrose
John Phillip
John Phillip is a Friend of The Conversation.
Michael Wilbur-Ham (MWH)
Gary Luke
John Phillip
John Phillip is a Friend of The Conversation.
Michael Wilbur-Ham (MWH)
Chris Borthwick
Brandon Young
Russ Hunter