Why is Israel’s Occupation and Annexation of Palestinian Land Illegal?

I won’t go into the various ways in which Israel has taken over (“expropriated”) privately owned Palestinian land in the West Bank (and even within Israel itself). But they do it on a regular basis.

In this post I will focus on the provisions of International Law being violated by Israel’s steady encroachment into the Occupied Territory/West

Israel’s Annexation/ Separation Barrier separating Palestinians from Israel. Observe that it’s not hard to climb. It was not built to stop terrorism, but to steal more land.

Bank.

The Geneva Convention declares that land conquered through war (1) cannot be kept by the conquering power. (2) Neither can it be incorporation as a part of the victorious country. (3) Nor can the conquering country move its own citizens into the occupied region for colonization.

Israel is violating all of these legal requirements.

Here is what International Law says:

Article 49, paragraph 6 of the 1949 Geneva Convention IV says, “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.”

Article 85(4)(a) of the 1977 Additional Protocol I adds that “the transfer by

Palestinians live under military occupation. Trump’s plan will expand and deepen its oppression

the Occupying Power of parts of its own civilian population into the territory it occupies” is a serious breach of the protocol.

Article 8(2)(b)(viii) of the 1998 Statute of the International Criminal Court states that “[t]he transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies” is a war crime.

Why were these restrictions on the ancient attitude of “to the victor goes the spoils” put in place?

The answer is simple. And you’d think Israel might be especially sensitive to this part of the story.

Adolf Hitler.

As I will explain in my next book, during the Second World War, Adolf Hitler

Hitler’s plans for population transfers throughout Eastern Europe — remove the natives and replace them with ethnic Germans

undertook ethnic cleansing in parts of eastern Europe.  He then resettled these areas with ethnic Germans, planning to incorporate the newly settled territories into an expanded German state.

For only one example, the Nazis expelled nearly 122,000 Poles from German occupied Pomerania in 1939-40. They were replaced by 130,000 ethnic Germans who were resettled in place of the former Pomerania population.

German settlement expansion in eastern Europe was a part of Hitler’s “Germanization” program, referred to as Generalplan Ost (the GPO).

The Geneva Convention, at the instigation of the United States, hoped to prevent (or, at least, to outlaw) similar population transfers via warfare in the future.

Israel first violated this part of international law in 1948-49 when it conquered 50% of the territory allotted by the United Nations for a Palestinian state.

Israel continues its violation of international law in the West Bank, which Israel captured from Jordan during the 1967 war.  The West Bank has remained under military occupation ever since, hence its identification as Occupied Territory.

Now it becomes United States policy to endorse the violation of international law. Only a few weeks ago Trump announced that the US considers all Israeli settlements in the West Bank as “legal.”

This week’s Apartheid Plan endorses the illegal annexation and Jewish settlement of the entire Jordan Valley, displacing the many Palestinians farmers from their own property.

All of the Palestinian lands stolen by Israeli fiat, and built up by illegal

Illegal Jewish settlers in the Jordan Valley. They have been breaking the law for a long time. Trump now says it’s OK

Israeli settlers, throughout the West Bank will be officially annexed as a part of Israel.

I know this will offend some and appear an exaggeration by many, but facts are facts. They don’t change because some folks are offended.

  1. Israel is a rogue nation. The international community must condemn its avaricious, illegal, inhumane behavior now.
  2. The United States is the world’s most far-reaching enabler of such rogue behavior, not just in the Middle East, but around the globe.
  3. Sadly, nobly intentioned international law has failed to stop the ghost of racist, ethnic nationalism from stealing from and oppressing other human beings.
  4. The ghost of Hitler hangs heavy over the United States, Israel, Donald Trump, and Benjamin Netanyahu.

Professor Erakat Talks About Trump’s Middle East Plan for Israeli Apartheid

Noura Erakat is assistant professor of criminal law at Rutgers University, specializing in international and humanitarian law. You can check out her faculty page here.

Her most recent book, which I read not long ago and highly recommend, is entitled Justice for Some: Law and the Question of Palestine (Stanford, 2019). In this book, she examines the modern history of Palestine through the lens of international law. (I’ll give you a head’s up: Israel has regularly violated, and continues its violations, of international law flagrantly and persistently.)

Recently, Ms. Erakat was interviewed by Aaron Mate, one of my favorite journalists for his independence and investigative abilities, on the Grayzone program, Push Back.

Their conversation concerns the practical effects of President Trump’s recently announced Apartheid Plan for Israeli/Palestinian relations.

Please take the time to watch the complete interview here. It is approximately 15 minutes long.

Her summary: “This plan is much more dangerous than I originally thought.”