Settlements: "A propagandistic red-herring of monumental proportions"

Robert Harris is an Irish supporter of Israel who blogs here.

In the current issue of the online New English Review he has a hard-hitting article entitled Jewish "Settlements Do Not Impede Peace" that begins:

"Many Western narratives on the Israel-Arab/Palestinian conflict, assert that Arab-Palestinian grievances are fundamentally based upon a supposed dispossession of territory, and so peace would be obtained by returning lands gained by Israel in the defensive Six Day War.

Today this argument relates principally to Judea and Samaria, more widely known as the ‘West Bank’, a recent moniker the Jordanians applied to the area, after the Arab State’s invasion of Israel in 1948.

The existence of Jewish settlements in Judea and Samaria, and formerly Gaza prior to the unilateral 2005 Israeli withdrawal, are central to the claim that the Jewish State has instituted a 'land grab' since 1967. Settlements are the focal point of boycott campaigns, and other efforts to delegitimise Israel.

However, commentators less hostile to Israel also assert Jewish settlements are a deeply problematic phenomenon. Whilst accepting Israel is surrounded, in a hostile Arab-Islamic neighbourhood, they nonetheless advance a somewhat similar stance to anti-Israel critics, by portraying the settlement issue as one of the great obstacles of the peace process. Indeed, some act as if it is the greatest challenge, as per John Kerry’s intensive criticism of Israeli settlement policy, suggesting it will undermine a two-state solution.

Whilst Jewish settlements are seen across the world as the bottleneck that stops any peace process in its tracks, a cursory glance at some fundamental facts will suggest that that this claim is a propagandistic red-herring of monumental proportions.

Israel is regularly demonised, with the very worst of motives ascribed to its behaviour. For example, many in the Arab world suggest the Jewish State seeks to territorially dominate the Middle East. Thus, one might ask to what extent has Israel held onto the territory it gained during the Six-Day War, which constitutes the Nation’s greatest victory? Startlingly, 90% of these gains have been returned to Israel’s Arab neighbours: the Sinai, and part of the Golan Heights, with Gaza becoming a de facto independent state...."

Read the entire article here

"I Think I Recognise A Killer Argument When I See One": Former Aussie Foreign Minister Bob Carr

In today's issue of The Australian newspaper former Australian foreign minister Bob Carr insists that Israel's settlements are illegal and that Israel has known they're illegal since 1967.

Carr writes that in 1967 Israel's then prime minister, Levi Eshkol, sought advice from Israel's leading authority in international law, Theodor Meron, as to whether Israel could settle civilians in the territories that the country found itself occupying as a result of the Six Day War.  Meron's advice, according to Carr,

'was unequivocal, and today he sticks to it. He said: “Civilian settlement in the administered territories contravenes explicit provisions of the Fourth Geneva Convention.”...'

Carr continues, inter alia:

'Indeed, the Fourth Geneva Convention would appear to leave no room for argument. It states: “The occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies.”

Apologists for settlements try to argue that Article 49 bars the occupier only from “forced transfer” (my emphasis) of its civilians. This is not the interpretation accepted by the International Court of Justice or anyone else. The adjective “forced” does not appear in the convention.

I think I recognise a killer argument when I see one. The killer argument here is that Israel’s own legal authority, at the very start, told its government that settlements were illegal under international law.'

Citing the statement of frum Israeli settler leader Daniella Weiss in this week's "Four Corners" hatchet job on Israel that religious settlements are intended to thwart the creation of a Palestinian state since “this land was promised to the Jewish nation by God” Carr also cites a BBC documentary by Louis Theroux called "The Ultra Zionists":

'religious settlers declared Palestinians an inferior race. “This is the Jewish homeland and there’s never been a Palestinian people,” declared one, standing on a property formerly occupied by Palestinians. In one blast they defied centuries of priceless Jewish liberal and humanitarian instinct.'

And he warns:

"No one from the centre-Left of European politics is going to do anything other than repudiate this ultra-religious vision...."

The entire article, "West Bank settlements always illegal" (try googling that ;) ), is behind a paywall here

For arguments that settlements are in fact legal see here

Australian Statement On Settlements Ignores The Full Story

A few days ago, the Australian Ministry of Foreign Affairs issued a press release concerning Israeli settlements, and quoting Foreign Minister Bob Carr, who's on record as opposing an Israeli strike on Iran:

'The Australian Government today expressed concern that Israel's latest announcement on settlements could further complicate prospects for resumed direct negotiations on an Israel-Palestinian peace.

The announcements from the Israeli Government included tenders for new housing construction in East Jerusalem and the West Bank; and retrospectively legalising the status, rather than evacuating, several outposts in the West Bank. This was contrary to previous commitments from the Government.

The Australian Government has consistently called on both sides to show restraint and comply with their obligations under the Quartet's Roadmap for Peace and other previous agreements. This includes settlements because it is counter-productive to the peace process.

Australia believes in a negotiated two state solution to the conflict, and urges Israel and the Palestinian Authority to resume direct negotiations without preconditions.

Foreign Minister Bob Carr said the announcement was an unhelpful development at a time when both sides need to take action to build trust and confidence.

"These announcements will not help efforts to bring both parties back to direct negotiations, which is the only path forward to achieving a two-state solution," Senator Carr said.'

Via the antipodean news service J-Wire, Emily Gian, of the Zionist Council of Victoria, observes:

'[Senator Carr's statement] seems to be in response to a bid by Israeli Prime Minister Binyamin Netanyahu to find a way to stop the demolition of several buildings in unauthorised outposts within the West Bank and to find a legal solution to this issue.


While reiterating the Australian Government’s call for both sides to "show restraint and comply with their obligations under the Quartet’s Roadmap for Peace", FM Carr chose to specifically single out the settlements as a "counterproductive to the peace process". He continued that the Israeli Government’s announcement was "an unhelpful development at a time when both sides need to take action to build trust and confidence" and that "these announcements will not help efforts to bring both parties back to direct negotiations".


FM Carr is correct in that the issue of the settlements has been a sticking point in negotiations for many years.


The Quartet’s Roadmap, which was laid out back in 2003, stated that the Government of Israel should immediately dismantle settlement outposts erected since March 2001, and consistent with the Mitchell Report, also froze all settlement activity including "natural growth of settlements". This was required to follow the implementation of Phase One of the Road Map which laid out certain requirements on the part of the Palestinians, namely that the "Palestinian leadership issues unequivocal statement reiterating Israel’s right to exist in peace and security and calling for an immediate and unconditional ceasefire to end armed activity and all acts of violence against Israelis anywhere. All official Palestinian institutions end incitement against Israel".


We are now nine years down the track and, given the conduct of the Palestinian leadership in both Gaza and the West Bank, it should be obvious that we are no closer to an implementation of Phase One than we were back then.


There are many issues that are holding back the peace talks and that have stood in the way of this elusive peace negotiation that is in the best interest of all parties, but by focussing solely on the settlements, FM Carr and others are only looking at one part of the problem.

For example, last month PA Minister of Social Affairs Majida Al-Masri, urged for Palestinian unity between rivals Fatah and Hamas "so that we will be able to stand against the occupation, to halt its activities against our prisoners, and to turn to the struggle for the liberation of Palestine – all of Palestine".


In case some are in need of a geography lesson, the liberation of all of Palestine does not mean the West Bank and the Gaza Strip, but all of Israel. If that is the stated position of a Minister of the Palestine Authority (Israel’s peace partner), then how important is resolving the issue of the settlements to the Palestinians, if at all?


The same attitude is reflected throughout Palestinian popular culture, with four songs currently being played PA-controlled television listing Israeli cities such as Haifa, Lod, Be’er Sheva, Tiberias, Sfat and Ashkelon as parts of Palestine (see more). I find the inclusion of Be’er Sheva and Ashkelon on this list particularly interesting considering Palestinian rockets are constantly aimed at these cities. But I digress. The point here is that this happens on a daily basis on Palestinian television, in mosques and in the media, and but yet Israel is consistently singled out for being the obstacle to peace.


There is also the continued issue of the glorification of Palestinian terrorists who have carried out some of the most heinous attacks against Israelis, such as the recent celebration of Dalal Mughrabi, who was responsible for the murder of 12 children and 25 adults. The Political and National Orientation Authority, an educational structure under the PA, referred to her a "person who fulfilled her obligation towards her land and homeland".


The Quartet, which met in Washington [this week] issued a statement and at least seemed to have more balance on the issues. It called on the PA to "continue to make every effort to improve law and order, to fight violent extremism, and to end incitement". Turning to Israel it "expressed its concern over ongoing settler violence and incitement in the West Bank and calls on Israel to take effective measures, including bringing perpetrators of such acts to justice". This is a more balanced approach than that which our FM here in Australia is taking.


Of course, the EU did not call on the PA to bring perpetrators of incitement to justice, but given that much of the incitement occurs in the PA media itself, such a call might have been somewhat embarrassing.


The Quartet did condemn "rocket attacks from Gaza and stressed the need for calm and security for both peoples". The Quartet knows that the rocket attacks are also extremely detrimental to the cause of peace. They should be condemned and the failure to do so should be of concern to all of us.


I have no doubt that our FM meant no harm with his statements, but I think it is vital that anyone who comments on the Middle East does so with a more nuanced approach. Blaming Israel is just going to give the Palestinians more reasons not to return to the negotiating table and renew their efforts to win UN recognition.'

For the full article, which includes links, see here