Quote:
Originally Posted by Bill Haywood
Not even the U.S. government accepts the legality of the settlements. So the entire world is wrong and only Israelis are right.
The settler legal arguments are just a sophist rabbit hole.
Did you post this in the
wrong thread?
You
have made this ridiculous argument before.
But, of course, the statements of political entities (like governments, politicians, NGOs, and armchair lawyers on 2+2) are invariably
political. After all, anyone can say anything.
What does actual legal analysis yield?
Well, I've done this before and you
dismissed it because you didn't like the answer.
But I'll tell you the cold, hard facts: only one court of competent jurisdiction has discussed this issue and made binding, legally-enforceable judgment on it. And it didn't turn out the way you wanted.
Court of Appeals of France:
Quote:
Crucially, the Court held that only the Government of Israel, and not private parties, can violate the relevant provisions of the Geneva Conventions. The arguments that Israeli communities in the West Bank violate international law start with Art. 49(6) of the Fourth Geneva Convention, which provides that “The Occupying Power shall not deport or transfer its civilian population into the territory it occupies.” The provision was also relied on heavily in the lawsuit. The Court ruled that 49(6) only speaks to and applies to action by the Israeli government (“the Occupying power”), and does not regulate Alton’s activities in the occupied territory.
This is an extraordinarily important holding in light of the decades old-debate about the meaning of 49(6) in the context of Israeli civilian migration into the West Bank. It is in direct opposition to the political and international law position on settlements. In the standard narrative, any migration of Israeli Jews past the Green Line, or the expansion of their residences and communities once there, is a war crime. Thus when private citizens decides to buy or build a house across the Green Line, or even expand an existing one, it is a war crime.
Moreover, Israeli citizens who migrate to the West Bank are often said to be guilty of war crimes themselves as aiders-and-abettors. The Versailles decision would seem to reject such a position.
In conclusion, the opinion of various politicians means precisely zero in this respect. Unless the Israeli government forcibly moves its citizens over the Green Line, the "settlements" as he calls them are entirely legal. Which has been the position of the government of Israel and anyone not taking political positions, for quite some time.
But I'm sure the court just was fooled by the legal sophistry of those crafty "Zionists".
Last edited by Gamblor; 05-23-2013 at 03:22 PM.