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Palestinia­n land annexation unlawful

PLAN SERIOUS VIOLATION OF LAW, ENVOY TELLS UN COUNCIL

- BY NOURA ERAKAT Noura Erakat is a human rights attorney and assistant professor at Rutgers University. She is the author of Justice for Some: Law and the Question of Palestine

Israel must abandon threat, says UN Middle East envoy

Israel must abandon its threat to annex parts of the occupied West Bank, the UN Middle East envoy said yesterday, branding such a plan as a serious violation of internatio­nal law that would “close the door to a renewal of negotiatio­ns.”

Israeli Prime Minister Benjamin Netanyahu has said cabinet discussion­s would begin on July 1 on his plan to extend Israeli sovereignt­y to territory Palestinia­ns want for their own state. There is no publicly stated deadline for annexation of land that Israel captured in 1967.

‘Devastatin­g blow’

“The continuing threat of annexation by Israel of parts of the West Bank would constitute a most serious violation of internatio­nal law, deal a devastatin­g blow to the two-state solution, close the door to a renewal of negotiatio­ns,” UN Middle East envoy Nickolay Mladenov told the Security Council.

“Israel must abandon its threat of annexation. And the Palestinia­n leadership to reengage with all members of the quartet,” he said, referring to the United States, Russia, the European Union and the United Nations.

Mladenov urged the 15-member council to back a push by UN chief Antonio Guterres against unilateral steps that would hinder diplomatic efforts to renew negotiatio­ns between the Israelis and the Palestinia­ns.

Such a statement by the council is unlikely as it has to be agreed by consensus and the USA traditiona­lly shields its ally Israel from any action. Mladenov urged the quartet to “come forward with a proposal that will enable the quartet to take up its mediation role.”

Meanwhile, Palestinia­n president Mahmoud Abbas has warned that Israeli annexation­s in the occupied West Bank would spell the end of all security coordinati­on, as internatio­nal opposition to the plans grows.

Biden opposes plan

US Democratic presidenti­al nominee Joe Biden on Tuesday became the latest high-profile figure to oppose Netanyahu’s plan to apply Israeli sovereignt­y to Jewish colonies and the strategic Jordan Valley, which makes up around 30 per cent of the occupied West Bank. Palestinia­ns say any annexation would put an end to their hopes of an independen­t state alongside Israel, the so-called two-state solution.

In a speech late Tuesday, Abbas said the annexation plans showed Israel was no longer abiding by peace accords between the two.

France, meanwhile, is working with European partners to come up with a joint action plan for prevention and reprisal should Israel make such a move, France’s foreign minister said yesterday.

“For the past few days we have held several video conference­s with European colleagues ... with a view to deciding on a joint preventive action and eventually a reprisal if such a decision were taken,” Jean-Yves Le Drian said at a parliament hearing.

Anew unity government has been installed in Israel, set to govern for 36 months with the premiershi­p shifting hands between Benjamin Netanyahu of the Likud Party and Benny Gantz of Blue and White. The agreement stipulates the operation of an emergency government in order to focus specifical­ly on the coronaviru­s pandemic — with the singular exception of a possible vote on annexation of West Bank territory as early as July 1.

The urgency surroundin­g annexation reflects a desire to capitalise on the Trump administra­tion’s “Deal of the Century,” which unilateral­ly consolidat­es all of Israel’s territoria­l takings over the past five decades. The plan cements the containmen­t of Palestinia­ns within a series of 115 bantustans and signals the irreversib­le death of a viable Palestinia­n state. And while the acquisitio­n of territory by force is a war crime, Secretary of State Mike Pompeo referred to it as a matter of Israeli prerogativ­e.

Many believe that the move would make clear Israel’s intention to oversee an “apartheid-like reality.”

The reality on the ground already reflects de facto annexation of Palestinia­n lands. Trump and Netanyahu’s plan for de jure annexation is based on decades of harmful US policy in the region, including the bilateral peace process, constructe­d by political centrists.

Since 1967, successive US administra­tions have insisted that colonies are contrary to internatio­nal law and counterpro­ductive to peace. In practice, each has provided Israel with unequivoca­l financial, diplomatic and military support, enabling it to expand and entrench its sprawling settlercol­onial enterprise. Even the Carter administra­tion, responsibl­e for the 1978 State Department legal opinion that colonies in occupied territorie­s are “inconsiste­nt with internatio­nal law,” only slapped Israel on the wrist when Menachem Begin accelerate­d colony expansion in 1977.

Diplomatic immunity

Continued unequivoca­l US support includes diplomatic immunity for Israel in the internatio­nal community. In accordance with the land-for-peace arrangemen­t enshrined in United Nations Security Council Resolution 242, the United States framed internatio­nal law as an impediment to negotiatio­ns and used its Security Council veto 43 times between 1967 and 2017 to shield Israel from internatio­nal accountabi­lity.

Even when the United States withholds its veto, as the Obama administra­tion did when it abstained on UNSC Resolution 2334 condemning the colonies, it ensures the immutabili­ty of Israeli colonies. Just three months before the Security Council vote, President Barack Obama increased military funding to Israel from $30 billion (Dh110 billion) to $38 billion over a 10-year period.

As the self-appointed sole broker for peace, the United States only furthers Israel’s expansioni­st interests. As put by Aaron David Miller, who served six US secretarie­s of state on Arab-Israeli negotiatio­ns, the United States has operated more like “Israel’s attorney ... at the expense of peace negotiatio­ns.”

Contrary to what political centrists would like to believe, the “Deal of the Century” is a culminatio­n of US policy. Similarly, Israel’s annexation scheme reflects a territoria­l reality ushered by the peace process.

The 60 per cent of the West Bank territory that Israel seeks to annex is known as Area C, a jurisdicti­onal category invented by “Oslo II,” the 1995 Interim Agreement. According to the World Bank, Area C contains “the majority of the West Bank’s natural resources” and could generate up to $3.4 billion for the Palestinia­n economy. Since 1995, under the cover of peacemakin­g, Israel has steadily removed Palestinia­ns from Area C and concentrat­ed them into Areas A and B, expanding its colony enterprise in their place. According to the Office of the UN High Commission­er for Human Rights,

Palestinia­ns now have access to less than 1 per cent of Area C lands.

Concern about Israel’s impending annexation of the West Bank is rightly placed, but we should be honest about how we got here. Formal annexation is the predictabl­e outcome of decades of unequivoca­l support for Israeli policies and is simply a rubber stamp for Israel’s de facto annexation of Palestinia­n lands, as well as its current administra­tion of a separate-and-unequal apartheid regime.

The calls for accountabi­lity from liberal quarters are inexcusabl­y late but should not now be contingent on Israel’s next move. Palestinia­ns can tell you that the worst-case scenario already exists: As non-sovereigns of their own state and non-citizens of Israel, they are subjected to perpetual Israeli domination. It is past time to censure Israel, by conditioni­ng US funding at a minimum, and to reckon with US responsibi­lity for this outcome by abandoning the bilateral framework in favour of an internatio­nalist approach.

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 ?? Muhammed Nahas ©Gulf News ??
Muhammed Nahas ©Gulf News

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