Tag Archives: Treaties

No Trump, Recognizing the Israeli Annexation of the Golan Heights Is Contrary to International Law

The fact that Israel has maintained absolute control of the Golan Heights since 1973 when it seized that territory from Syria in the Yon Kipper war is an indisputable fact. However, Israel had no right to annex that territory and make it part of Israel under international law. Throughout history powerful countries have again and again seized and annexed the territories of their weaker neighbors through the force of arms.  However, early in the 20th Century and especially after World War II, the evils of subjecting any group of people to the domination of a foreign power were clearly recognized and the vast majority of the countries of the world joined together to outlaw the practice of annexation through warfare.

The subject was first addressed by the Hague Conventions of 1899 and 1907.  The treaty resulting from the Fourth Geneva Convention strengthened this concept and made it clear that annexation of territory seized in an armed conflict is illegal under international law.  191 countries have since signed this treaty including all of the  countries currently belonging to the United Nation.  The US signed the treaty in 1955 and Israel signed off in 1951.

Despite the fact that Israel signed the Fourth Geneva Convention treaty, the Israeli Knesset (or parliament) passed the Golan Heights law December 14, 1981 extending Israeli law to the occupied Golan Heights territory, essentially annexing it.  The United Nations was swift to make clear its disapproval of the annexation.  United Nations Security Council Resolution 497, which was adopted unanimously on  December 17, 1981, stated that the Israeli annexation was not recognized under international law and was thus “determined to be null and void by the UN”.  The US voted for the resolution along with all of the the other members of the United Nations Security Council.

Sighting security concerns, since that time the Israeli government has lobbied extensively for international recognition of their annexation without success.  To date I can find no evidence that any country has complied with the Israel request, at least until the last few days.  The reasons are obvious. Recognition of Israel’s right to annex the Golan Heights would be tantamount to recognizing the actions of other countries like China’s annexation of Tibet or Russia’s annexation of parts of Georgia and their proposed annexation of the Crimea.  In addition the settlement of the ownership of the Golan Heights was always considered to be part of ultimate Israeli–Palestinian settlement which would hopefully bring lasting peace to the middle east.

However, without an understanding of applicable international law and treaties, without consulting anyone with a through understanding of the situation, and without consultation with our closest allies, Trump made a snap and ill-considered decision to comply with the personal request from his buddy Benjamin Netanyahu.  In the process, in a tweet he overthrew 38 years of US policy and repudiated international law when he recognized the Israeli annexation of the Golan Heights.  Trump is again a crazed bull in the international relations china shop.

Why did Trump do this?  Clearly it was an attempt to interfere in the upcoming Israeli elections in favor of his Israeli counterpart.  Netanyahu is facing the most difficult election of his political career in just two weeks.  His current right wing coalition in the Knesset has shrunk to a single vote.  Like Trump he faces legal trouble.  Israeli police have found enough evidence for the Israeli Attorney General to announce that he would indict Netanyahu and his wife on fraud and bribery charges in a third corruption case against the Israeli prime minister, but he won’t have time to complete the process before the election.  Among other charges Netanyahu will face allegations that he used bribery to obtain better coverage in the media.

Neither Netanyahu’s Likud Party nor its most formable opposition, the Blue and White Party of Ram Ben-Barak and Yisrael Beiteinu Party of Former Defense Minister Avigdor Lieberman are expected to elect enough members to the Knesset to name the new Prime Minister.  As usual, once the votes are in and the members of the Knesset are elected, the leading candidates will attempt to out scramble each other to form a majority coalition with some of the many Israeli minor parties. No one is sure which candidate will be able to assemble the Knesset majority necessary to elect the next Prime Minister, but getting Trump to recognize of the Israeli annexation of the Golan Heights after all of these years will certainly help Netanyahu in that endeavor.

I view Netanyahu and Trump as two peas in a pod who will anything to maintain power and who are equally corrupt and self-serving.  Trump, the master negotiator, has screwed up yet again.  As he did when he recognized Jerusalem as the capital of Israel, he has again given away to Israel yet another concession which should have been a negotiated issue in a comprehensive the Israeli/Palestinian peace agreement.  In addition, he has essentially thrown away the possibility that the United States can act to ultimately bring the two sides together to negotiate such a settlement.  After Trump’s extensive catering to Israel how can the Arab countries involved ever be convinced that the US would act as an honest broker in that situation?

Shooting from the hip as usual, Trump has again managed to make a fool of himself and our country on the international stage in the eyes of our closest allies.

Cajun     3/22/2019