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19 nov 2019
Pompeo's settlements bombshell paves the way for Israel's annexation of all Palestine
by Richard Silverstein

In the event of annexation, Israel's popularity on the world stage would fall from bad to worse

US Secretary of State Mike Pompeo has hit another home run in the pro-Israel baseball derby. 

On Tuesday, he renounced a 50-year-old US policy that Israeli settlements were contrary to international law and an impediment to a two-state solution.
 
As recently as 2016, the administration of Barack Obama permitted passage of a UN Security Council resolution condemning Israeli settlements, which raised the ire of Israeli Prime Minister Benjamin Netanyahu and the Israel lobby.

An apartheid system
Pompeo offered several justifications for his decision. One was that the settlement issue was outside the jurisdiction of international law and that it was thus a matter for Israeli courts to decide.

If annexation happened, Israel would certainly exclude or disenfranchise the four million Palestinians living in the West Bank and Gaza. Otherwise, it would become a minority-Jewish state in which Palestinians would wield enormous political power. It's hard to see that happening.

The underlying assumption of Pompeo's claim regarding the law is that the West Bank and Gaza are not sovereign territories nor even occupied territories, but rather Israeli territory. Otherwise, Israeli courts would not have jurisdiction over them. From there, it's only a hop, skip and jump to Israeli annexation of all of Palestine.

In the event of annexation, Israel would be making itself even more unpopular than it already is on the world stage. International reaction to Pompeo's decision has already been hostile.

It's more likely, then, that Israel would create a Bantustan-like system in which Palestinians would be fobbed off with some form of self-governing authority, which would allow Israel to claim they were exercising self-determination. 

There are only a handful of outlier nations which endorse Israel's occupation of Palestine. The United States is one of them. That turns the US into the same sort of a pariah state that Israel is. Further, it will strengthen the hand of the Boycott, Divestment and Sanctions (BDS) movement and the international campaign for Palestinian rights.

The European Union and UN human rights office have both already opposed this new move and reaffirmed their own opposition to settlements. Decisions like the recent directive of the European Court for Human Rights that settlement products must be labelled as such in European markets will prove more popular.

Pompeo’s new policy should also put pressure on Democratic presidential candidates to take more forthright stands on the Israel-Palestine question.

Those candidates and liberal Israel lobby groups like J Street will come under increasing pressure to recognise the bankruptcy of the two-state solution.

That group’s founder, Jeremy Ben-Ami, released a milquetoast statement urging Congress to reject White House policy by reaffirming the two-state solution. But the fact is that Congress doesn't make foreign policy. The president does. Congress is an after-thought when it comes to these matters and such a vote would have no legislative impact.

Towards one state

Renouncing the two-state solution hasn't happened yet, unfortunately.

But Pompeo's announcement and the Trump administration's approach to Israel is squeezing the life out of this option like a boa constrictor wrapping round its prey.

There is some important political context to this decision as well: news reports have noted that relations between Trump and Netanyahu have cooled considerably since the Israeli leader ran in two elections, in which he failed to win enough seats to form a new government.

Trump, as everyone knows, only likes winners, and Netanyahu is definitely not a winner anymore. Now we're facing the prospect of a likely third election. It would appear that either Netanyahu or a major pro-Israel donor like Sheldon Adelson has prevailed upon Trump to throw the prime minister a bone he can use in the upcoming fight.  

The Israeli leader can now say that not only did he wrangle US recognition of Jerusalem as Israel's capital and the Golan Heights as Israeli territory, but a stamp of legitimacy for Israeli settlements as well.

Trump is also furious with the state department officials testifying en masse in congressional impeachment proceedings. Trump blames Pompeo for their perfidy, even though they're testifying against his direct orders.  

Ultimately, Pompeo has no control over them and their decisions in this matter. But that doesn't stop Trump, the ultimate malignant narcissist, from judging anyone who doesn't do his full bidding as a traitor. 

Thus, the Pompeo announcement is meant as a peace offering from the secretary of state to his unhappy boss. The former can argue that he's done a big favour for Israel and thus for Trump himself, who has a soft spot in whatever is left of his heart for Israel that does not, however, apply to American Jews.

Richard Silverstein
Richard Silverstein writes the Tikun Olam blog, devoted to exposing the excesses of the Israeli national security state. His work has appeared in Haaretz, the Forward, the Seattle Times and the Los Angeles Times. He contributed to the essay collection devoted to the 2006 Lebanon war, A Time to Speak Out (Verso) and has another essay in the collection, Israel and Palestine: Alternate Perspectives on Statehood (Rowman & Littlefield) Photo of RS by: (Erika Schultz/Seattle Times)
Netanyahu celebrates U.S. settlement decision in tour of West Bank
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Prime Minister Benjamin Netanyahu visits settlements a day after U.S. decision on their legality

Visiting Alon Shvut, PM tells settlers that reversal of decades-long policy is 'huge achievement' that 'fixed a historic wrong'; Arab League chief says Trump administration step will lead to 'more violence and cruelty' against the Palestinians, undermines peace prospects

Prime Minister Benjamin Netanyanu traveled to the West Bank on Tuesday to celebrate the U.S. announcement that it does not consider Israeli settlements to violate international law.

Netanyahu called the Trump administration’s declaration, which stepped back from four decades of U.S. policy and reversed the policies of President Barack Obama, a “huge achievement” that “fixed a historic wrong.”

“I think it is a great day for the state of Israel and an achievement that will remain for decades,” he said.
 
Netanyahu spoke Tuesday at a gathering of ecstatic supporters and settler leaders in Alon Shvut, a settlement outside of Jerusalem.

Right-wing leaders welcomed Secretary of State Mike Pompeo’s announcement. Although it is largely symbolic, it fueled calls from settler supporters for increased construction or even the annexation of parts of the West Bank.

The Palestinians, who claim the West Bank as part of a future state, condemned the decision. They and other countries said the move undercuts any chances of a broader peace deal.

Over 400,000 settlers now live in the West Bank, in addition to more than 200,000 settlers in East Jerusalem, the Palestinian’s hoped-for capital.

The Palestinians and the international community say that settlements are illegal and prevent the establishment of a Palestinian state. Israel says the fate of the settlements should be determined in negotiations.

The head of the Arab League joined the large number of critics, condemning the Trump administration’s latest decision “in the strongest terms.”

The league’s secretary-general, Ahmed Aboul Gheit, said the decision would result in “more violence and cruelty” against the Palestinians at the hands of the Israeli settlers and “undermines any possibility” of achieving peace.

The White House says it has developed a Mideast peace plan, which Trump has branded "the deal of the century," but it has not yet unveiled it. The Palestinians already have rejected the plan, accusing the U.S. of unfair bias in favor of Israel.

The Trump administration has made a number of moves in favor of Israel, recognizing Jerusalem as Israel’s capital and moving the embassy there from Tel Aviv, recognizing Israel’s annexation of the Golan Heights and shuttering the Palestinian diplomatic offices in Washington.

UNHR: “Israel’s Settlements Are In Breach Of International Law”
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In a statement, the United Nations Human Rights Office stated that Israel’s settlements in the occupied Palestinian territories are in breach of International Law.

It stated that “a change in the policy position of one state does not modify existing International Law, nor its interpretation by the International Court of Justice, and the United Nations Security Council.”

“We continue to follow the longstanding position of the United Nations Israeli settlements are in breach of international law, it stated, “A change in the policy position of one State does not modify existing international law, nor its interpretation by the International Court of Justice & the Security Council.”

It said that it was concerned by the official policy of the United States under Donald Trump in which it declared that Israel’s settlements in the occupied Palestinian territories are “legal” and “do not violate International Law.”

The UN office added that Israel’s settlements violate International Law and that the change of policy in one country does not alter International Law, or the decisions of the Security Council and the International Court of Justice.

Israel’s colonies also constitute war crimes, and violate the principles of the Fourth Geneva Convention, especially Article 49 of the year 1949 which states that “the occupying powers shall not deport or transfer parts of its own population into the territory it occupies.

U.S. President Donald Trump and his Administration are violating numerous international agreements, and International Law, by their various illegal policies, including the recognition of occupied Jerusalem are the united capital of Israel and the latest declaration about the illegal colonies in occupied Palestine.
EU: Israeli Settlements Are Illegal
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The European Union is sticking to its stance that Israeli settlement constructions in Palestine are illegal under international law, a long held view Washington has now begun to dispute.

“The EU calls on Israel to end all settlement activity, in line with its obligations as an occupying power,” EU foreign policy chief Federica Mogherini said in a statement.

Mogherini was reacting to US Secretary of State Mike Pompeo’s abandonment of the US four-decade-old position that building settlements for the Israelis in Palestinian territories is “inconsistent with international law,” PNN reports.

Much of the international community regards the Israeli settlements as illegal because the territories were captured by Israel in the 1967 war and are hence subject to the Geneva Conventions, which forbids construction on the occupied lands.

Israeli has faced widespread global condemnation over settlement constructions in the occupied Palestinian lands.

Dr. Ashrawi: “Trump Administration; A Threat To International Peace And Security”
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Dr. Hanan Ashrawi, a member of the Executive Committee of Member of Palestine Liberation Organization (PLO) issued a statement denouncing the illegal policies of the United States, and its grave violations of International Law, and said that the Trump Administration is a threat to international peace and security.

Dr. Ashrawi stated that, although the U.S. Administration’s statements that Israel’s illegal colonies in occupied Palestine “do not violate International Law,” they are also not unexpected, but are also outrageous, dangerous and irresponsible.”

She said that such policies are “irresponsible messianic fundamentalist policies are a threat to humanity as a whole!”

Dr. Ashrawi’s Statement:

Trump administration is a threat to international peace and security

The announcement made by US Secretary of State has no legal validity. The US neither has the right nor agency to rewrite international law and deface the rules-based international order based on its perverse ideological leanings.

Israeli settlements are a grave violation of international law, including international humanitarian law. They also constitute a war crime according to the Rome Statute. These are solid facts that the Trump administration cannot alter or unravel.

This announcement reaffirms Palestine’s assessment that the Trump administration is a threat to international peace and security because it is a partner in Israeli crimes and provides political cover for its pervasive violations.

This administration is a threat the international community must confront with consistency and moral clarity.

The Palestinian leadership will continue to pursue justice and redress through all available legal and political avenues.

Palestine remains solidly committed to international law and at the forefront of defending the values and principles for which it stands. It is time for responsible states to take collective action that rises to the level of threat this administration’s lawlessness presents to the world.

Peace Now: “US Announcement on Softening Settlements Stance Marks a New Broadside on the Two-State Solution”
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On the announcement by U.S. Secretary of State Pompeo about dropping the US stance on settlements as inconsistent with international law, Peace Now has issued the following statement:

This is a direct assault on the two-state solution and a deliberate choice to pave the way toward more aggressive settlement actions by the caretaker Netanyahu government toward the annexation of occupied territories and to solidify a permanent, undemocratic one-state reality.

The announcement marks a continuation of the Trump Administration’s efforts to undermine years of progress on refining parameters for an agreed-upon resolution of the core issues of the conflict. First, it attempted to sabotage the formula of two capitals in Jerusalem for two states.

Then it tried to take the refugee issue off the table by cutting funds to UNRWA. Now it appears determined to remove the possibility for borders based on the pre-1967 lines plus minor land swaps by countenancing unilateral Israeli land grabs at the cost of a viable Palestinian state down the road.

No declaration will change the fact that the settlements were built on occupied territory, in contravention of international law, and that they pose among the greatest obstacles to peace. It is an Orwellian absurdity to claim that greenlighting more egregious settlement activity by undermining the international consensus against them will foster better conditions for a just and viable conflict-ending agreement.

Furthermore, the timing of this announcement just two days before Benny Gantz’s deadline to form a coalition hints that the Trump administration is yet again attempting to meddle in Israel’s election politics, as it did in with the recognition of Israel’s annexation of the Golan Heights before the April election.

A two-state permanent agreement is fundamentally in the Israeli national interest as a stable way for it to remain a Jewish and democratic state.

This U.S. declaration is not pro-Israel. It is a selfish move to pander to a messianic minority in America at the cost of Israel’s future and moral character. It abets the worst of the Israeli prime minister’s policy decisions as he desperately tries to mollify his right-wing flank in order to have a chance at holding onto power.

The United States has always been an ally of Israel. And yet, a true friend would help Israel reach a peace agreement. A true friend of Israel would not lead it down the road to apartheid.

If President Trump really wanted the best for Israel and not merely to bolster Netanyahu’s political fortunes, he would work constructively to bring the sides together and to build on the progress of previous negotiations to broker a viable, comprehensive, and lasting peace agreement.

For additional information: Brian Reeves     +972-54-709-5882

Palestinian Officials Denounce US Decision on Settlements

Presidential spokesman Nabil Abu Rudeineh said, today, that the announcement by US Secretary of State Mike Pompeo, that the Israeli settlements in Jerusalem and the occupied West Bank do not violate international law, is null and void, condemned and totally contradicts with international law, resolutions of the international legitimacy that reject settlements, and Security Council resolutions, especially resolution 2334.

Abu Rudeineh stressed that the US administration is not qualified or authorized to cancel the resolutions of the international legitimacy, and does not have the right to give any legitimacy to the Israeli settlements.

While rejecting these statements and previous resolutions on Jerusalem, the Palestinian presidency called on world governments to reject them and condemn them because they are illegal and threaten international peace and security.

The spokesman reiterated that the US administration has totally lost all credibility and no longer has any role in the peace process. “We hold the American administration fully responsible for any repercussions of this dangerous step.”

WAFA further reports that Saeb Erekat, secretary general of the Executive Committee of the Palestine Liberation Organization (PLO), today, also denounced statements by US Secretary of State Mike Pompeo on Israeli settlements, stressing that this announcement threatens the international system.

“International law and system clearly define the illegality of all Israeli settlements, including by the International Court of Justice, the UN Security Council, and the International Committee of the Red Cross,” said Erekat in a statement. “Under the Rome Statute of the International Criminal Court, Israel’s long-standing settlement policy in occupied Palestine falls within the definition of war crimes.”

Erekat added: “Israeli settlements steal Palestinian land, seize and exploit Palestinian natural resources, and divide, displace and restrict the movement of the people of Palestine. In sum, Israel’s colonial-settlement enterprise perpetuates the negation of the Palestinian right to self-determination.”

He stressed that, “Once again, with this announcement, the Trump administration is demonstrating the extent to which it’s threatening the international system with its unceasing attempts to replace international law with the ‘law of the jungle’.”

Henceforth, he added, “the international community must take all necessary measures to respond and deter this irresponsible US behavior, which poses a threat to global stability, security, and peace. The only way towards achieving peace in Palestine, Israel, and the entire Middle East is with the freedom and independence of the State of Palestine on the 1967 border with East Jerusalem as its capital.”

Hamas: US position on settlements violates int’l law

The Hamas Movement has said that the US administration’s stated support for Israel’s illegal settlements in the occupied West Bank vindicated further that it is an accomplice in the aggression against the Palestinian people and their rights.

“The US secretary of state’s claim that the settlements and its construction by the occupation are not contrary to international law is a flagrant violation of all principles of the international law and the international humanitarian law,” Hamas spokesman Hazem Qasem stated in a press release on Monday.

Spokesman Qasem described the establishment of these settlements as a real war crime, recalling the fact that the occupation expelled the Palestinian people from their own land, then stole it to build settlements by force and brought other people from around the world to live on usurped land.

“These settlements, like the occupation, are illegal, and our people will continue their struggle until they remove them, expel the occupation and return to the land they were forced to leave,” the spokesman said.

The spokesman was responding to US secretary of state Mike Pompeo’s remarks on Monday, in which he said that his country no longer designates Israel’s settlements in the West Bank as illegal under international law.

18 nov 2019
Israel welcomes U.S. reversal on settlements as Palestinians fume
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Netanyahu thanks White House for saying settlements not illegal, urges Palestinians to hold final status talks, but PA says Trump administration has ruled itself out of any future role in peace process

Israel on Monday welcomed the U.S. decision to no longer view its settlements in areas captured in 1967 as illegal, but said that it would . remain ready to negotiate a final status agreement with Israel

Netanyahu also maintained that the settlements were a matter to be decided by the Israeli courts.

“Israel’s legal system, which has proven itself fully capable of addressing legal questions related to the settlements, is the appropriate place for these matters to be adjudicated - not biased international forums that pay no attention to history or facts,” he wrote. tweet

The comments came shortly after Secretary of State Mike Pompeo announced on Monday that the U.S. is softening its position on Israeli settlements in the occupied West Bank, the latest in a series of Trump administration moves that weaken Palestinian claims to statehood.
 
Pompeo said the U.S. repudiates a 1978 State Department legal opinion that held that civilian settlements in the occupied territories are “inconsistent with international law.”

The move angered Palestinians and was likely to put the U.S. at odds with other nations working to end the conflict.
 
Palestinian Authority spokesman Nabil Abu Rudeinah condemned the U.S. move as “unacceptable,” the Israeli media reported.
 
Abu Rudeineh said Pompeo’s announcement “totally contradicts international law and resolutions that reject settlements.”
 
He urged the international community to disregard Pompeo’s “illegal” pronouncement, which he said was a threat to international peace and security.
 
PLO chief Saeb Erekat also slammed the announcement by Pompeo, saying that the Trump administration has “completely lost all credibility and no longer has any role in the peace process,” the Jerusalem Post reported.

U.S. softens position on West Bank settlements
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The move was welcomed by Israel with Netanyahu saying it "rights a historic wrong" and his opponent Benny Gantz adding settlement status must be agreed on in negotiations, while the Palestinian Authority condembed the decision

Secretary of State Mike Pompeo announced Monday that the U.S. is softening its position on Israeli settlements in the occupied West Bank, the latest in a series of Trump administration moves that weaken Palestinian claims to statehood.

Pompeo repudiated a 1978 State Department legal opinion that held that civilian settlements in the occupied territories are “inconsistent with international law.” The move angered Palestinians and immediately put the U.S. at odds with other nations working to end the conflict.

The Trump administration views the opinion, the basis for long-standing U.S. opposition to expanding the settlements, as a distraction and believes any legal questions about the issue should be addressed by Israeli courts, Pompeo said.

“Calling the establishment of civilian settlements inconsistent with international law has not advanced the cause of peace,” Pompeo said. “The hard truth is that there will never be a judicial resolution to the conflict, and arguments about who is right and who is wrong as a matter of international law will not bring peace.”

U.S. moves that have weakened Palestinian efforts to reach a negotiated settlement have included President Donald Trump’s decision to recognize Jerusalem as Israel’s capital, the movement of the U.S. Embassy to that city and the closure of the Palestinian diplomatic office in Washington.

Palestinian President Mahmoud Abbas’ spokesman, Nabil Abu Rdeneh, condemned Pompeo’s announcement and said settlements are illegal under International law. “The U.S. administration has lost its credibility to play any future role in the peace process,” he said.

Even though the decision is largely symbolic, it could give a boost to Israeli Prime Minister Benjamin Netanyahu, who is fighting for his political survival after he was unable to form a coalition government following recent elections.

In addition, it could spell further trouble for the administration’s oft-promised peace plan, which is unlikely to gather much international support by endorsing a position contrary to the global consensus.

The Netanyahu government was dealt a blow on settlements just last week when the European Court of Justice ruled products made in Israeli settlements must be labeled as such.

The 1978 legal opinion on settlements is known as the Hansell Memorandum. It had been the basis for more than 40 years of carefully worded U.S. opposition to settlement construction that had varied in its tone and strength depending on the president’s position.

The international community overwhelmingly considers the settlements illegal. This is based in part on the Fourth Geneva Convention, which bars an occupying power from transferring parts of its own civilian population to occupied territory.

In the final days of the Obama administration, the U.S. allowed the U.N. Security Council to pass a resolution declaring the settlements a “flagrant violation” of international law.

Pompeo said that the U.S. would not take a position on the legality of specific settlements, that the new policy would not extend beyond the West Bank and that it would not create a precedent for other territorial disputes, he said.

He also said the decision did not mean the administration was prejudging the status of the West Bank in any eventual Israeli-Palestinian peace agreement.

The shift is a victory for Netanyahu, a longtime booster of the settlements, and had been strongly supported by U.S. Ambassador to Israel David Friedman and major Trump donor Sheldon Adelson. Friedman was a major fundraiser for the settlements before becoming ambassador.

It may be taken by Netanyahu and the settlement movement as a green light for additional construction, or even annexation, of lands claimed by the Palestinians for a future state.

The anti-settlement monitoring group Peace Now, along with reporting by The Associated Press, has found a sharp increase in settlement planning and construction since Trump took office.

For Netanyahu, the welcome boost comes at a time when he has been weakened domestically by mounting legal woes and two inconclusive elections this year.

Unable to secure a parliamentary majority, Netanyahu is now anxiously waiting to see if his chief rival, Benny Gantz, can put together a coalition. If Gantz fails, the country could be forced into a third election with Netanyahu facing the distraction of a trial.

Netanyahu’s office released a statement saying the policy shift “rights a historical wrong” concerning settlements. tweet

“This policy reflects an historical truth - that the Jewish people are not foreign colonialists in Judea and Samaria,” it said, using the Israeli terms for the West Bank.

Gantz, meanwhile, applauded Pompeo’s “important statement, once again demonstrating its firm stance with Israel and its commitment to the security and future of the entire Middle East.”

Israel captured the West Bank and east Jerusalem in the 1967 Mideast war and quickly began settling the newly conquered territory.

Today, some 700,000 Israeli settlers live in the two areas, which are both claimed by the Palestinians for their state.

After the war, it immediately annexed east Jerusalem, home to the holy city’s most important religious sites, in a move that is not internationally recognized.

But Israel has never annexed the West Bank, even as it has dotted the territory with scores of settlements and tiny settlement outposts.

While claiming the fate of the settlements is a subject for negotiations, it has steadily expanded them. Some major settlements have over 30,000 residents, resembling small cities and serving as suburbs of Jerusalem and Tel Aviv.

The Palestinians and most of the world say the settlements undermine hopes for a two-state solution by gobbling up land sought by the Palestinians.

Israel’s settlement activities have also drawn attention to its treatment of Palestinians.

While Jewish settlers can freely enter Israel and vote in Israeli elections, West Bank Palestinians are subject to Israeli military law, require permits to enter Israel and do not have the right to vote in Israeli elections.

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