British to tax imports from Illegal Israeli Settlements

by Avi H. Sat Apr 05, 2003 00:41

UN Security Council Resolution 242, calls on the parties to make peace and allows Israel to administer the territories it occupied in 1967 until "a just and lasting peace in the Middle East" is achieved. When such a peace is made, Israel is required to withdraw its armed forces "from territories" it occupied during the Six-Day War--not from "the" territories nor from "all" the territories, but from some of the territories, which included the Sinai Desert, the West Bank, the Golan Heights, East Jerusalem, and the Gaza Strip.

Five-and-a-half months of vehement public diplomacy in 1967 made it perfectly clear what the missing definite article in Resolution 242 means. Ingeniously drafted resolutions calling for withdrawals from "all" the territories were defeated in the Security Council and the General Assembly. Speaker after speaker made it explicit that Israel was not to be forced back to the "fragile" and "vulnerable" Armistice Demarcation Lines, but should retire once peace was made to what Resolution 242 called "secure and recognized" boundaries, agreed to by the parties. In negotiating such agreements, the parties should take into account, among other factors, security considerations, access to the international waterways of the region, and, of course, their respective legal claims.

Resolution 242 built on the text of the Armistice Agreements of 1949, which provided (except in th case of Lebanon) that the Armistice Demarcation Lines separating the military forces were "not to be construed in any sense" as political or territorial boundaries, and that "no provision" of the Armistice Agreements "Shall in any way prejudice the right, claims, and positions" of the parties "in the ultimate peaceful settlement of the Palestine problem." In making peace with Egypt in 1979, Israel withdrew from the entire Sinai, which had never been part of the British Mandate.

For security it depended on patrolled demilitarisation and the huge area of the desert rather than on territorial change. As a result, more than 90 percent of the territories Israel occupied in 1967 are now under Arab sovereignty. It is hardly surprising that some Israelis take the view that such a transfer fulfills the territorial requirements of Resolution 242, no matter how narrowly they are construed.

Resolution 242 leaves the issue of dividing the occupied areas between Israel and its neighbors entirely to the agreement of the parties in accordance with the principles it sets out. It was, however, negotiated with full realization that the problem of establishing "a secure and recognized" boundary between Israel and Jordan would be the thorniest issue of the peace-making process. The United States has remained firmly opposed to the creation of a third Palestinian state on the territory of the Palestine Mandate. An independent Jordan or a Jordan linked in an economic union with Israel is desirable from the point of view of everybody's security and prosperity. And a predominantly Jewish Israel is one of the fundamental goals of Israeli policy. It should be possible to reconcile these goals by negotiation, especially if the idea of an economic union is accepted.

The Arabs of the West Bank could constitute the population of an autonomous province of Jordan or of Israel, depending on the course of the negotations. Provisions for a shift of populations or, better still, for individual self-determination are a possible solution for those West Bank Arabs who would prefer to live elsewhere.

The heated question of Israel's settlements in the West Bank during the occupation period should be viewed in this perspective. The British Mandate recognized the right of the Jewish people to "close settlement" in the whole of the Mandated territory. It was provided that local conditions might require Great Britain to "postpone" or "withhold" Jewish settlement in what is now Jordan. This was done in 1992. But the Jewish right of settlement in Palestine west of the Jordan river, that is, in Israel, the West Bank, Jerusalem, and the Gaza Strip, was made unassailable. That right has never been terminated and cannot be terminated except by a recognized peace between Israel and its neighbors. And perhaps not even then, in view of Article 80 of the U.N. Charter, "the Palestine article," which provides that "nothing in the Charter shall be construed ... to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments...."

by the avenger Sat Apr 05, 2003 01:08

He was killed for trying to mediate.

http://www.palestinefacts.org/pf_independence_bernadotte.php