Dear Gman,
On the thread
"What will happen when the Palestinians go to the U.N.?" you pointed me to the video which is the subject of this thread:""The Truth about the West Bank", presented by Israeli Deputy Minister of Foreign Affairs Danny Ayalon. So I watched the movie as you suggested.
Deputy Minister Ayalon said a common story is that Israel captured the West Bank during the 1967 war, refused the UN demand to retreat, and built settlements, and asked
"But is that really the case?"
Well, each of those statements is true, except that the UN demand that I assume he refers to, Resolution 242, says that Israel and the others should make a peace agreement, and the agreement should include withdrawal.
UN Resolution 242 begins:
"The Security Council...
Emphasizing the inadmissibility of the acquisition of territory by war..."
I take it that these words introduce the resolution because they relate to whether Israel could annex territory that it captured during the war.
Next the Resolution says the Security Council:
Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:
1. Withdrawal of Israeli armed forces from territories occupied in the recent conflict
http://www.mfa.gov.il/MFA/Peace+Process ... on+242.htm
Well, the conflict here was the 1967 war, so I assume the territories occupied in the war refers to the land that became occupied as a result of the conflict.
Looking up Security Council Resolution 242 on Wikipedia to double-check what the term occupied territories refers to, I read:
Lord Caradon, the chief author of the resolution:
It was from occupied territories that the Resolution called for withdrawal. The test was which territories were occupied. That was a test not possibly subject to any doubt. As a matter of plain fact East Jerusalem, the West Bank, Gaza, the Golan and Sinai were occupied in the 1967 conflict. It was on withdrawal from occupied territories that the Resolution insisted. [24]
http://en.wikipedia.org/wiki/United_Nat ... lution_242
Ayalon is correct when he says next that UN 242 didn't demand a unilateral withdrawal, but demanded negotiating a solution that would include secure borders.
Still, the UN "required" both peace and withdrawal from the occupied territories.
Then, Ayalon asks:
"From whom did Israel take the land? From Jordan during a war of self defense after it joined a war launched by Egypt to destroy Israel."
Well, this is pretty misleading. As Wikipedia says:
After a period of high tension between Israel and its neighbors, the war began on June 5 with Israel launching surprise air strikes against Arab forces. The outcome was a swift and decisive Israeli victory. Israel took effective control of the Gaza Strip and the Sinai Peninsula from Egypt, the West Bank and East Jerusalem from Jordan, and the Golan Heights from Syria. Opinions are divided on whether Israel's attack was an act of aggression or a preemptive strike of a defensive nature.
Even if the Israeli army made a preemptive strike, it was still the Israeli army that invaded Egypt.
Ayalon adds that
"The UN in 1967 rejected Arab attempts to call israel the aggressor." OK, but that doesn't mean the UN called it a war of self defense, or that Egypt invaded Israel, either.
Next, Ayalon asks "What was Jordan doing in the West Bank?", and says it had no justification.
OK, assuming that's true and the land should've gone to Palestine instead of being taken by Jordan, that doesn't mean Israel has a legal basis for owning the land either. For example, just because someone took my car without my permission doesn't mean it belongs to a third person instead.
Then he says that Jordan changed the commonly accepted name of Judea and Samaria to the West Bank. But among whom was the West Bank commonly referred to as Judea and Samaria? I thought that Judea was the name of ancient kingdoms that spread from the Jordan river to the Mediterranean, and was not identical to the West Bank.
As to the question
If Palestine didn't exist because it was occupied by Jordan and Jordan didn't have a right to it, whose territory is it? Well, I guess in that case it was supposed to go to the creation of a Palestinian state.
In the case with the car, if the car was supposed to go to me but it was baselessly taken by someone else instead, it is still something that belongs to me.
Next, Ayalon said Britain took the land in 1917 and that Lord Balfour made a declaration recognizing a Jewish homeland. That's true, but recognizing a Jewish homeland doesn't mean the entire territory would go to a state for only one ethnicity over the entire territory. Before the Balfour Declaration, Britain had agreed in the 1916 Sykes Picot Treaty with France- and with Russia's approval- to make the Holy Land an international zone, and afterwards in the 1947 resolution, Britain as part of the UN Security Council decided to divide the country. So both before and after the Balfour Declaration Britain made decrees that contradict the idea of a single-ethnicity state over the whole territory.
Then he correctly he says Britain got a mandate from the League of Nations to establish a Jewish homeland.
This Mandate says:
the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favor of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine.
Nothing here speaks of a one-ethnic state dedicated to just one ethnicity. After all, a jewish homeland isn't the same as a single-ethnicity state. Instead, if we assume that nothing in the Mandate was to affect the native communities' rights, and the vast majority of the people were Palestinian, the expectation would be that the state would be equally dedicated to Palestinians, especially if they had equal voting power.
Next, Ayalon says that the Jewish homeland originally included the west and east bank of the Jordan river (74%), and portrays the removal of Jordan one month later from the Palestine Mandate as a "painful compromise."
Jordan had been promised to the Jordanian royalty in 1915, and the possibility of Jordan's removal was mentioned in the Palestinian Mandate:
In the territories lying between the Jordan and the eastern boundary of Palestine as ultimately determined, the Mandatory shall be entitled, with the consent of the Council of the League of Nations, to postpone or withhold application of such provisions of this mandate as he may consider inapplicable to the existing local conditions.
If it were said that the Israelis compromised with the British government in later accepting the British government's legitimate decision to remove Jordan, don't you think it would be a decision they would have actually wanted from a practical standpoint, since we are talking about an area where a huge majority of the population belonged to another ethnicity and it would have been practically impossible to govern them in a single-ethnic-state with equal political rights?
He said the UN recognized a Jewish "homeland" in the Mandate after WWII, but that doesn't mean it meant a one-ethnicity state over all the land. Not much longer- 1947- as Ayalon points out, the UN specified the land would be divided into two "states." Ayalon points out that the Israelis accepted the division into two states but the Arabs rejected it. He says it is a nonbinding resolution without legal status. However, even if resolutions by themselves were nonbinding, the Israeli declaration of independence cites this particular resolution as a basis for setting up the state. In accepting this resolution at the UN and in its Declaration of Independence, the Israeli government accepted the part of the resolution that defined the territory.
Next, he says that the 1949 Armistice Line was defined as having no political significance. As he says, they are often called the 1967 borders.
However, the 1949 armistice agreements between Israel and other countries did give them political significance. The Wikipedia article on "Borders of Israel" says:
in the 1949 Armistice Agreements. Israel's expanded territorial holdings, with some minor adjustments, were made into boundaries, commonly referred to as the Green Line. The Green Line was expressly declared in the Armistice Agreements as a temporary demarcation line, rather than a permanent border, and the Armistice Agreements relegated the issue of permanent borders to future negotiations. The area to the west of the Jordan River came to be called the West Bank, and was annexed by Jordan in 1950;[21] and the Gaza Strip was controlled by Egypt. Then, when Israel conquered the territories during the Six-Day War, it did not annex them, instead placing them under military occupation.
The Green Line is today Israel's official boundary with the Palestinian territories, with the exception of East Jerusalem, which Israel occupied in 1967 and formally annexing in 1980 with the Jerusalem Law,
He concludes that this is why a better name for the territories is "disputed territories", which means territories that are disputed and are not defined as occupied. However, it seems that if Israel has no grounds to claim the territory, they would not really be in "dispute". And actually, they are in fact defined as occupied, because they are under Military Administration. Even if Jordan did not have a legal claim to the land it took in 1948 does not mean that Israel had a legal claim when it took the same land from Jordan in 1967.
The US government also refers to the territories under Military Administration as "occupied territories" See for example
http://www.state.gov/g/drl/rls/irf/2009/127349.htm
After watching this video, one may find some light humor in watching the following video produced by the "Council of Settlers of Judea and Samaria." The Hebrew clip's use of the words "politically correct" in English was cute:
http://www.youtube.com/watch?v=rQ_ozDPt ... re=related
I find some poetic significance in Foreign Minister Ayalon's English clip, explaining that the West Bank isn't "occupied territory," being seamlessly repeated by the clip of the Settlers who, backed by military prowess, are displacing the previous inhabitants.