Prof. Talia Einhorn
Israel Hayom, July 18, 2024
“In international law, according to the principle of Uti possidetis, the borders of a new state are determined according to the borders it had when it was established.”
The “Iron Swords” War imposed on us underscores the need to reexamine the legality of Jewish settlement across the entire Land of Israel according to international law.
Once again, it has become clear that Jewish settlement is our protective barrier. As Machiavelli wrote, territory cannot be held solely by military force. The army enters, operates, and exits; the moment it leaves (or even while it is present), the situation reverts to its original state. our hand to all neighboring states and their peoples in an offer of peace and good neighborliness.
In the Declaration of Independence, “amidst the onslaught,” we declared, “We extend our hand to all neighboring states and their peoples in an offer of peace and good neighborliness, and appeal to them to establish bonds of cooperation and mutual help with the sovereign Jewish people settled in its own land. The State of Israel is prepared to do its share in a common effort for the advancement of the entire Middle East”. Have we not fulfilled this promise? We extended our hand for peace, purchasing peace with Egypt and Jordan at a full price, and did everything possible to secure peace with our immediate neighbors – the Palestinian Arabs. Thus came into existence the Oslo Accords, the Paris Agreement (Gaza–Jericho), and the Interim Agreements with the Palestinian Authority, including the destruction of settlements and the unilateral withdrawal from the Gaza Strip.
International law did not compel us to sign these agreements or withdraw from Gaza; it was our hope that the establishment of the Palestinian Authority would end the conflict. “No more blood, no more tears,” declared the late Prime Minister Yitzhak Rabin on the White House lawn during the signing with the PLO. However, the gates of Gaza remained heavy. Immediately upon returning from the signing ceremony in the USA, PLO leader Yasser Arafat declared in Gaza, amidst the roar of Kalashnikovs, “With our soul and blood we’ll redeem Palestine.” Since the signing, we have witnessed the worst violence since Israel’s founding.
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