Distorting the facts of Occupation: Regavim’s attacks on the EU

[R. Daneel Olivaw]

http://972mag.com/distorting-the-facts-of-occupation-regavims-attacks-on-the-eu/104847/

Reports started circulating before Israel’s elections that Prime Minister Netanyahu had ordered the destruction of mobile structures distributed by the EU in Area C of the West Bank. This harks back to a report in November 2014 by the Israeli NGO Regavim, which draws a shocking parallel between the EU’s humanitarian assistance to Palestinians in Area C and Israel’s building of settlements there. Assuming that Israel’s settlements are legal under international law, Regavim accuses the EU of assisting the Palestinians in an illegal plan to take control of large parts of the West Bank.

This simply puts matters on their head. There is no doubt that Israel’s settlement policy violates international law whereas assistance to Palestinians building in their own country is in full conformity with the EU’s responsibilities under humanitarian law.

Regavim claims that Israel does not “occupy” the West Bank, since that area was not under the sovereignty of any state when it was taken over by Israel. That argument is specious: it was firmly rejected by the International Court of Justice in 2004 in the case concerning the construction of the Wall, and it is not accepted by any other member of the international community. Contrary to Regavim’s argument, Israel does not enjoy sovereign rights over any part of the West Bank, whether in East Jerusalem or in Area C ; Israel must respect the Fourth Geneva Convention, to which it is a party, and which prohibits an occupying power from transferring its population into occupied territory.

In 1947, the UN General Assembly recommended splitting mandatory Palestine into two independent states – an Arab State (Palestine) and a Jewish State (Israel). Whereas Israel unilaterally proclaimed independence at the time, Palestine could not do so, being occupied by Jordan and, since 1967, by Israel. This does not mean that the West Bank and East Jerusalem are subject to Israeli sovereignty. Palestinians in the West Bank live in their own country.

[Scootaloo]

1. Something to note...

Whereas Israel unilaterally proclaimed independence at the time, Palestine could not do so, being occupied by Jordan and, since 1967, by Israel.

What would have been Palestine was partially occupied by Israel at the moment israel declared its independence (including most of Gza and the entire quarter of Palestine along Lebanon's border.)

The problem - that Palestine could not declare independence due to being occupied - still remains. Essentially Palestine had like 4 hours of time it could have declared itself independent - and doing so would have required them to lose about a third of their territory off the bat. Not that there was any central Palestinian government that could do that, mind.