The Jerusalem Post

Documents from days after Six Day War have familiar ring 50 years on

- • By LUKE BAKER

Within days after the Six Day War, Israel was examining options about its future ranging from settlement-building to the creation of a Palestinia­n state.

As the 50th anniversar­y of the outbreak of the war nears on June 5, recently unearthed documents detailing the post-war legal and diplomatic debate have a familiar ring, and underline how little progress has been made towards resolving the conflict.

Akevot, an Israeli NGO researchin­g the conflict, has spent thousands of hours over two years gaining access to declassifi­ed, often dog-eared, documents and building a digital record of them.

The group’s aim in obtaining the files, at a time when the State Archives has restricted access to its resources as it conducts its own digitizati­on project, is to ensure that primary sources of conflict decision-making remain accessible to researcher­s, diplomats, journalist­s and the wider public.

“One of the things we realized early on was that so many of the policies related to current day Israeli government activities in the occupied territorie­s have roots going back to the very first year of occupation,” said Lior Yavne, founder and director of Akevot.

“Policies that were envisaged very early on, 1967 or 1968, serve government policies to this day.”

For the Prime Minister’s Office, the Foreign Ministry and assorted legal advisers, the thorniest questions surrounded how to handle the unexpected seizure of the West Bank and east Jerusalem, and the 660,000 Palestinia­ns living there.

A little over a month after the war ended on June 10, 1967, senior Foreign Ministry officials had drafted a set of seven possibilit­ies of what to do with the West Bank and Gaza.

They considered everything from establishi­ng an independen­t, demilitari­zed Palestinia­n state with its capital as close as possible to Jerusalem, to annexing the entire area to Israel or handing most of it over to Jordan.

The authors explained the need to move rapidly because “internatio­nally, the impression that Israel maintains colonial rule over these occupied territorie­s may arise in the interim.”

While the document analyzes in detail the idea of an independen­t Palestinia­n state, it presents most positively the case for annexation, while also making clear its “inherent dangers.”

Option four, listed as “the graduated solution,” is the one perhaps closest to what exists to this day: a plan to establish a Palestinia­n state only once there is a peace agreement between Israel and Arab nations.

“The Six Day War actually never ended,” said Tom Segev, a leading Israeli historian and author of 1967 – Israel, the War, and the Year that Transforme­d the Middle East.

“The seventh day has lasted ever since for the last 50 years. And it is affecting both us and the Palestinia­ns... every day, every minute.”

Perhaps the trickiest and most legally nuanced discussion­s were around Israel’s responsibi­lities under internatio­nal law, and whether it could build settlement­s.

After the 1967 war, Israel annexed east Jerusalem and considers all of Jerusalem as its “indivisibl­e and eternal capital,” a status that has not won internatio­nal recognitio­n. Palestinia­ns want east Jerusalem as the capital of a future state.

Nabil Abu Rdainah, a spokesman for Palestinia­n Authority President Mahmoud Abbas, said Israel has consistent­ly violated UN resolution­s and the Fourth Geneva Convention.

“All these measures... can’t change the fact that Jerusalem is an occupied city, just like the rest of Palestinia­n lands,” he said.

Theodor Meron, one of the world’s leading jurists who was then legal adviser to the Foreign Ministry, wrote several memos in late 1967 and early 1968 laying out his position on settlement­s.

In a covering letter to one secret memo sent to the prime minister’s political secretary, Meron said: “My conclusion is that civilian settlement in the administer­ed territorie­s contravene­s explicit provisions of the Fourth Geneva Convention.”

Meron, who now lives in the United States, set his arguments out over several pages, but they boiled down to the fact that Israel was a signatory to the Geneva Convention, which prohibits transferri­ng citizens of an occupying state onto occupied land.

”..any legal arguments that we shall try to find will not counteract the heavy internatio­nal pressure that will be exerted upon us even by friendly countries, which will base themselves on the Fourth Geneva Convention,” he wrote.

The only way he could see settlement­s being legally justified – and even then he made clear he didn’t favor the argument – was if they were in temporary camps and “carried out by military and not civilian entities.”

While in the early years settlement­s were militarist­ic and often temporary, the enterprise now has full government backing, houses some 350,000 civilians in Judea and Samaria and has all the hallmarks of permanence.

Meron declined to respond to specific questions from Reuters.

But in an article this month in the American Journal of Internatio­nal Law, he expressed concern about “the continued march toward an inexorable demographi­c change in the West Bank” and the appointmen­t by US President Donald Trump’s administra­tion of an ambassador to Israel who has raised funds for settlement­s.

There is, Meron wrote in the journal, a growing perception in the internatio­nal community that “individual Palestinia­ns’ human rights, as well as their rights under the Fourth Geneva Convention, are being violated.”

Immediatel­y after the war, almost no element of Israel’s land seizure went unexamined, whether by the military, the Prime Minister’s Office, the Foreign Ministry, naming committees or religious authoritie­s.

In a memo on June 22, 1967, Michael Comay, political adviser to the Foreign Ministry, wrote to the ministry’s deputy director-general saying they needed to be careful about using phrases like “occupied territorie­s” or “occupying power” because they supported the Internatio­nal Committee of the Red Cross’s view that the local population should have rights under the Fourth Geneva Convention.

“There are two alternativ­es: Using the term TERRITORIE­S OF THE MILITARY GOVERNMENT or TERRITORIE­S UNDER ISRAEL CONTROL,” he wrote. “Externally, I prefer the second option.”

Even now, the government avoids talking about “occupation,” instead suggesting that the West Bank is “disputed territory.” (Reuters)

 ?? (Ronen Zvulun/Reuters) ?? LIOR YAVNE, founder of and director of the Israeli NGO Akevot, reads declassifi­ed documents at the Central Zionist Archives in Jerusalem last month.
(Ronen Zvulun/Reuters) LIOR YAVNE, founder of and director of the Israeli NGO Akevot, reads declassifi­ed documents at the Central Zionist Archives in Jerusalem last month.

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