Hussein Ibish: The Anti-Balfour Declaration

Official emblem for the International Anti-Apartheid Year. The UN General Assembly in resolution 32/105 B, adopted on 14 December 1977, proclaimed the year begining on 21 March 1978 as the International Anti-Apartheid Year. 1/Jan/1978. UN Photo. www.unmultimedia.org/photo/

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http://www.thedailybeast.com/articles/2012/07/10/the-anti-balfour-declaration.html
Jul 10, 2012

Wonder what it feels like to have inadvertently put yourself between a rock and a hard place? Just ask Prime Minister Benjamin Netanyahu. On Monday the Levy Committee, which he appointed last January, issued its report that was supposed to examine the question of Israeli “state lands” in the occupied Palestinian territories, but has far exceeded its mandate. The most significant aspect of the report is its blunt assertion that Israel is not “the occupying power” in the occupied territories. Its consequent outrageous legal recommendations all reflect that logic; it recommends that all Israeli settlements, including “unauthorized” outposts built on private Palestinian land, and every promise ever made by any official to any settlers, should be formalized.

Here’s Netanyahu’s quandary: Israel either is, or is not, occupying the occupied territories–and the report could well force him to take a clearer stand on that issue. If he accepts its recommendations in full, even if they are not fully implemented, he will in effect be accepting the notion that there is no occupation in the occupied territories. This would reflect rhetoric from his own Foreign Ministry, particularly Deputy Foreign Minister Danny Ayalon, not to mention many Israeli policies that have treated the occupied territories as part of the Israeli state when convenient to its purposes.

However, Netanyahu can’t make the decision solely based on Israel's policies, because they do not reflect a clear view of the territories' legal status. In fact, many policies have carefully fudged the question and cultivated an atmosphere of ambiguity about the occupation. A large body of Israeli laws, court rulings, policies and, above all, treaties (including those with Egypt, Jordan and the PLO) all either explicitly or implicitly recognize the territories as occupied. So, of course, does a veritable mountain of international law including UN Security Council resolutions and the ruling of the International Court of Justice on Israel's West Bank separation barrier.

And, as David Kretzmer, a noted Israeli legal scholar, observed, "If Israel is not an occupying force, it must immediately relinquish ownership of all private lands seized over the years for military use, taken with authority as the occupying force in an occupied territory, and restore the lands to previous owners.”

Finally, there is the obvious corollary to any formal acceptance that the occupied territories are not, in fact, occupied: that Israel views them as de facto and de jurepart of its state. Full acceptance of the recommendations of the report would amount to announcing the de facto annexation of the occupied territories. That, too, has its own obvious corollary: Israel is already neither demographically Jewish nor democratic in character. Rather than administering a temporary occupation, it is presiding over a separate and unequal system that discriminates between Jews and Arabs in huge parts of its territory.

In this sense, the report might be seen as an anti-Balfour Declaration: a political statement, which, if implemented as written, would ensure that Israel can no longer continue in a meaningful sense to be a “Jewish state,” except by systematic ethnic discrimination against large parts of its population.

There's a word for such a system: Apartheid. Only by distinguishing between the occupied Palestinian territories and Israel proper can Israel sustain its objections to any application of this term to its polity. Accepting the Levy Committee's report would, in effect, dissolve any such distinction and render Israel practically defenseless against the indictment that it is an apartheid state. The long-term legal, political and diplomatic ramifications for Israel are incalculable.

When systematic ethnic discrimination is intended to be maintained rather than temporary, it is is a crime under international law...READ MORE 

 

 

*BALFOUR DECLARATION (dated 2 November 1917) His Majesty's government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine