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'Government must legalize settlements'
Itamar Fleishman
Published: 09.07.12, 09:05
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1. Not illegal because there was no "law"?
Mary   (07.09.12)
The argument seems to be: Since there was never a recognized "law" in the "disputed" territories, nothing can be illegal what the state of Israel does? If this is the case, the human rights convention of the United Nations can be thrown in the basket.
2. The Arabs refuse to negotiate borders,.so just draw
PETER SM ,   MELBOURNE AUSTRALIA   (07.09.12)
a defensible line border and let them try jihad
3. Finally i Fair Voice from Israel! Hope thet act accordingly
Jewish Warrior ,   EveryWhere   (07.09.12)
4. After 60 years Israel FINALLY hires lawyers that know what..
ESQ62 ,   USA & Israel   (07.09.12)
they are talking about. The rest of us have known and been saying this for years. Political activism from the bench, breathtaking incompetance and corruption has caused us so much damage in the eyes of the world. Finally, finally the Israeli government can proclaim to the world: We are NOT occupiers. There is NO Jewish occupation and our settlements in Judea & Samaria are LEGAL!!! The government should also apologize to all those it has caused so much pain for taking so long to address this issue.
5. How can that be right?
Tim ,   Brighton   (07.09.12)
6. Who paid Crawford for his,Israel only,legal opinion? To set
PETER SM ,   MELBOURNE AUSTRALIA   (07.09.12)
borders? How did Crawford take it on himself to draw borders for Israel,when UNSCR 242 says they are to be negotiated? At Arab insistence there are no recognised borders. Jews under Balfour have a right to settle there as Arabs have refused to negotiate peace, borders and an end to all claims.They were there before thae Arab ethnic cleansing of Jews out of the WB Maybe he thinks British mercenary ethnic cleansing of Jews makes it Arab?
7. Time for Israel to eduate the world as to the TRUTH...!!!!!!
Sof Sof ,   Israel   (07.09.12)
This is OUR land. We are here legally and we will build this land to fulfill its purpose as G-d expects us to do. And here is our proof. THIS is international law.
8. Hallelujah
Mikey   (07.09.12)
9. BUILD, BUILD, BUILD !!!!!!!!!!!!!!!!!!!!!!!!!!
Chris Rettenmoser ,   Bayerisch Gmain Germ   (07.09.12)
No more excuses, to deny the people of Israel access to THEIR land !!!!!!!!!!!!!!!!!!!
10. #2, Peter, it already exists....it is the Jordan
Chris Rettenmoser ,   Bayerisch Gmain Germ   (07.09.12)
valley...
11. Finally, a voice of reason and normalcy
Patriotic Israeli ,   Tel Aviv, Israel   (07.09.12)
12. For years incompetant judicial activist leftist judges and..
Stop the destruction ,   in Israel   (07.09.12)
people like Aharon Barak have stabbed Israel with their lies and lack of knowledge in international law. FINALLY competant unbiased experts explain the truth and Israel's true position under international law. So much damage has been done based on lies but better late than never.
13. ANNEX! Good Start! Long way to go.
Israeli 2   (07.09.12)
14. west Bank- Occupied
Iletzter ,   TA- Israel   (07.09.12)
I really cannot understand why Israel is considered an occupying power in the West Bank. Israel did not "conquer" these terrirtories as Russia did Czeck and Poland. Israel was attacked and acted in self defense and thereby "won" the West Bank in legitimate self defense. This is never considered "occupation". While some times nations returned their prize at time of negotiated peace treaties etc , it is tottally the perrogative of the defender , conqueror.
15. Be real careful what you wish for!
Spyguy ,   Seattle USA   (07.09.12)
Yes, Israel can unilaterally declare the West bank to be part of Israel as the committee recommends, BUT - the second Israel does, it will have several million new CITIZENS (that are not Jewish) and the one-state "solution" will be lawfully in place. Then what will Israel do? If it tries to oppress its own citizens, it will have all sorts of international problems, since the rest of the world takes a dim view of countries that oppress their own citizens. And all those in Israel that think they can just tell the rest of the world to go **** themselves, fail to realize that no nation can survive as an outcast. Israel has walked itself in to a trap of its own making with no easy way out. In retrospect Israel would have been far better if it had never put any Israelis in the WB. Now they have an impossible situation where they are doomed no matter what they do. Over time, this will lead to the end of the "Jewish" nation (BUT NOT JEWS - Jews will continue to thrive all over the world).
16. #2 - Peter makes the assumption that the IDF can always win
spyguy ,   seattle usa   (07.09.12)
Can Peter and the rest of the people advocating war with the Arabs GUARANTEE that the IDF will ALWAYS win? No they can not because EVERY army in the history of mankind eventually has a devastating, humiliating defeat, every army. What happens after the IDF is humiliated?
17. #1 no
israel israeli ,   tel aviv   (07.09.12)
Not illegal because the territory was taken from the Turks and given to the British to help the Jews build their country. The British, to keep enslaving other people for their own profit, stole the land from the Jews and gave it to Arabs they illegally imported from Lebanon, Syria, Iraq and Egypt. At the same time, the British illegally prevented the Jews from immigrating to Israel and are therefore responsible for the murder of the 6 million because they could not escape.
18. full report in published on ynet.co.il
finally   (07.09.12)
19. Enthusiasm is too early
PaulZion ,   Israel   (07.09.12)
Without getting into the left-right argument of settlements, this committee has no binding authority and no legal weight. It's conclusions are nothing more than recommendations and a different perspective of the interpretation of international law. Its findings are in contradiction to the Talia Sasson commission of 2005(?), so all it shows is that there are different interpretations on this issue. In order for the committee's recommendations to gain legal weight, they have to be adopted by the attorney general. Furthermore, the only body that can actually DECIDE on the legality of these settlements, is the Supreme Court. I don't see them doing so in the near future. I openly admit that I belong to the Left of the political spectrum and am in principle against these settlements. However, I do believe that certain changes to the borders will have to be made, in consideration of the realities over the last half-century - all in accordance with resolution 242. This committee's perspective is certainly interesting.
20. To PaulZion #19 IMPORTANT !!!
FO ,   Belgium   (07.09.12)
Dear Paul Zion, being Left or Right is of no importance. Just TRUTH must prevail. You mention, Paul Zion that any settlement must be in accordance with Resolution 242. I agree with you. But do you realize that 242 is based on the League of Nations decisions of 1922, known under the name of "The Mandate for Palestine" ? This Mandate gave the Jews the IRREVOCABLE RIGHT to settle anywhere in the area between the Mediterranean Sea and the Jordan River, including the Golan Heights, a right that became INTERNATIONAL LAW, valid to this day, and reaffirmed by Article 80 of the United Nations Charter. The author of Resolution 242, Prof. Eugene Rostow, took al this into consideration. I suggest to you to read his articles: "The Future of Palestine" and "Are the Settlements Legal ?".
21. #20 FO
PaulZion ,   Israel   (07.09.12)
Thank you for your response and respect for a differing view. I have read resolution 242. Firstly, it is the UN Security Council resolution, which was adopted in 1967, in the aftermath of the Six Day War. Secondly, it calls for the withdrawal from " territories occupied" ( note: not ALL territories occupied), in return for the termination of belligerency between the two nations, and respect for the soveriegnty and territorial integrity of every state. Therefore, it obviously does not give legitimacy to take over all lands from the Mediterranean to the Jordan. It mandates a NEGOTIATED settlement for the withdrawal from "occupied territories" , in return for the recognition of Israel's right to exist and an end to the conflict. Perhaps you meant another resolution 242?
22. # 15 Spyguy, Seattle
Bad Ased Jew ,   United States   (07.09.12)
Reading too many sci- fi stories? Perhaps you aren't aware of Australia's PM who very recently and publicly told the muslims living there that, if they refuse Australian laws and wont obey them they can leave. That may be a small issue for you however, if more nations take her lead, we'll all band together to make sure that if ones loyalty is with the enemy of the nation in which you live, you may have no other choice but to leave. It's a matter of time before islam will be banned from democracies due to their violent nature and sharia laws that are not compatible with our system of laws and governments. Judea and Samaria are historically Israel's land, the majority of the world has read the bible and knows and believes the land belongs to Israel and unite with Israel to assure she will remain Jewish. "Israel The Homeland For The Jewish people" Remember? The UN's description after Ben Gurion first declared it so after winning the war the arabs began with Israel ?? Some facts to refresh your memory. Not to worry, the Jews are brilliant, remember? They'll figure it out and you, well, let's just say, wont.
23. # 14 Your right
Bad Ased Jew ,   United States   (07.09.12)
The anti Israel gang finds the word, "occupy" to be the last quiver in their case. It was never the truth or was it meant to be. This finding signify's that Israel has taken command of her senses and has started to act like the mighty nation she is. Unfortunately, many nations want Israel, some, at times, have actually been the temporary 'occupier' of Israel who we all know, was a gift to the Jews from their G-d. ( the only G-d )
24. # 16 spyguy
Bad Ased Jew ,   United States   (07.09.12)
Want guarantees? Death and taxes and, Zippo lighters. Fortunately, the arabs haven't won any wars or had much luck even keeping their own people happy. The arab spring, Syria, Somalia, the Sudan, etc. millions of dead arabs hardly an endorsement of 'success.' While arabs are trying to stay alive from the attacks of their own governments, what you, and some others to fail to see, is that, these nations are all imploding upon themselves. The people are so desperate that they've risked their unarmed lives dying in the streets for liberty, which arabs and their historical tyranny grossly neglects. I notice you live in Seattle,what makes you think the same wouldn't be true for you as well? All things are possible Life, all life is temporary, the arabs at this moment in time are devouring one another, famine is next.. You take note, Israel cannot lose. The arabs cannot win, their own people attest to that sad fact. Simple 'science'.
25. # 17 Israel Israeli
Bad Ased Jew ,   United States   (07.09.12)
might I add, that England is now inhabited by arabs who wont work, wont recognize the Queen, or bathe? Like a marriage made in heaven.
26. # 19 Paul Zion
Bad Ased Jew ,   United States   (07.09.12)
I assume you are no legal scholar? The will of the people and this finding have not finished, they've just formally begun. It isn't up to you or me. Historic Israel will once again be whole. She will not be divided by international nobody's ( none one of which saved one Jew ) who have nothing but oil at stake. The Israeli people will decide, it is their blood, it is their land, their decision. We have courts here too and the Supreme Court's decision on obama health care might be changed as well. Never say never. And, not to ignore the obvious but, like the ad for Hebrew National Hot Dogs states, "we answer to a Higher authority."
27. To PaulZion: please follow my suggestion !
FO ,   Belgium   (07.09.12)
Thank you Paul Zion for YOUR quick response. You can imagine that I also read Resolution 242. But I was puzzled by the wording "From Occupied Territories". I started to investigate this matter, and I discovered that the author of 242, Prof. Rostow meant by "Occupied Territories" only the Sinai Desert that still was occupied by Israel and represented more than 90% of land seized during the 6 Days War. For the remaining territories the UNSC was bound to Article 80 of the UN Charter. I suggested to you to read two articles written by Prof. Rostow, where he explains the meaning of 242. They are available on Internet ! I understand you have not read them, and perhaps you refuse to read them, not willing to be confronted with reality !
28. Why hide fact Israel legally owns Judea/Samaria?
Chaim ,   Israel   (07.09.12)
It is incredible that Israels' government allows our enemies to spout the rubbish that Judea and Samaria are "occupied". Countless international law experts have incontrovertibly proven that Judea and Samaria belong to Israel. Why hide the fact that Israel owns Judea and Samaria? We could easily serve the U.N., E.U., all world governmented, media and religious groups with legal proof. There is NO excuse for Bibi's failure to do so.
29. #27 FO
PaulZion ,   Israel   (07.09.12)
I did follow your suggestion. What I read is only an OPINION, albeit by a distinguished legal authority, making a case. It was not a definitive verdict. Yes, he helped draft the resolution, but what is IMPLIED, is not necessarily explicit. If you don't mind, I will make 4 short points, food for thought: 1. The 1922 British Mandate and the Anglo-American accord of 1924, refer to ( please note, I think this is important) a HOMELAND for Jews. There is nothing explicit about it being part of a Jewish state, or those lands belonging to a Jewish state - and at that time, this distinction is significant. 2. Articles 100 and 101 ( written after Article 49), of the UN Charter 1949, refers to the illegality of annexing lands as a result of war. So do the Geneva Conventions. The lands captured in 1967 were as a result of war and as such, it could be interpreted to fall under these Articles. 3. The Partition Plan of 1947 SUPERSEDES the Mandate Charter of 1922, both because chronologically it is more recent and also because the League of Nations had ceased to exist. The Partition Plan defines boundaries for the Jewish STATE, ( note: not Jewish Homeland), and does not include all the lands mentioned in Mandate Charter 4 of 1922. All this is very academic, but all we are doing is convincing ourselves of our righteousness. If there is not negotiated settlement with the Palestinians, who are convinced otherwise, it doesn't really matter, because the issue will not be resolved. Sometimes you may be sure of your rectitude, but as long as the other side is convinced otherwise, it has no practical relevance. Prof. AlannDershowitz of Harvard is also an eminent legal authority, and his opinion differs from Prof. Rostow. Who is right? Not necessarily what suits your views. In short, until there is a precedential decision in the International Courts, we are left with interpretations and arguments.
30. #26 Bad Assed Jew
PaulZion ,   Israel   (07.09.12)
Come live here in Israel so that your children can also be on the front lines, risking their lives to implement your dream. Words are cheap, blood is precious. Put substance behind your beliefs and invest, in blood, like I have done for the past 30 years.
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