By David Singer ——Bio and Archives--August 18, 2013
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"I've been to Ramallah, I've spoken to the Palestinian leadership, and we support their aspirations to have a Palestinian state in the context of a Middle East of peace. And that means respect for the right of Israel to exist. But we want that Palestinian state to exist, in the context of a peace in the Middle East, and that's why we say, unequivocally, all settlements on Palestinian land are illegal under international law and should cease. That is the position, of Kevin Rudd, the position of the Federal Labor Government, and we don't make apologies for it."Carr's shock announcement has brought forth sharp criticism from peak Jewish organisations in Australia including the Executive Council of Australian Jewry (ECAJ), the Zionist Federation of Australia (ZFA) and the Australia/Israel and Jewish Affairs Council (AIJAC) - as well as a blistering attack by Opposition Shadow Foreign Affairs Minister Julie Bishop.
"The long-held view of the EU as to the illegality of Israel’s settlements is a misreading of the relevant provisions of international law, and specifically Article 49 of the Fourth Geneva Convention, which is neither relevant to the unique circumstances of Israel’s status in the area, nor was it ever applicable, or intended to apply to Israel’s circumstances in Judea and Samaria (The West Bank - ed)"Senator Carr needs to explain how he could "unequivocally " commit the Labor Party to a policy based on the Fourth Geneva Convention when its applicability had been thrown into grave doubt by the Ashton letter - and especially as no binding legal decision exists that supports the DFAT advice given to Carr. But the signatories went even further in making it very clear that Jews had the legal right to live in the West Bank:
"The legality of Israel’s presence in the area stems from the historic, indigenous and legal rights of the Jewish people to settle in the area, as granted in valid and binding international legal instruments recognized and accepted by the international community. These rights cannot be denied or placed in question. This includes the 1922 San Remo Declaration unanimously adopted by the League of Nations, affirming the establishment of a national home for the Jewish People in the historical area of the Land of Israel (including the areas of Judea and Samaria and Jerusalem) as well as close Jewish settlement throughout. This was subsequently affirmed internationally in the League of Nations Mandate Instrument, and accorded continued validity, up to the present day, by Article 80 of the UN Charter which reaffirmed the validity of the rights granted to all states or peoples, or already existing international instruments (including those adopted by the League of Nations). "Who in DFAT provided Senator Carr with legal advice that failed to even consider these highly relevant international legal instruments? Both Senator Carr and Mr Rudd have so far failed to disclose when the Labor Party adopted this contentious and controversial policy before it was announced at the Lakemba mosque. Whilst Senator Carr makes no apologies for this policy - the Labor Party has clearly not made its decision after carefully considering all the relevant international law dealing with the issue. Repeating the mantra that Jewish settlements in the West Bank are illegal in international law may bring the Labor Party crucial votes - especially in tightly held Labor marginal seats where large Moslem populations reside. But this policy could also prove electorally damaging if it was made on the run without any detailed policy formulation to enable it to stand up to the intense scrutiny that every piece of policy announced by any party must inevitably be subjected to from the media, the voters and affected interest groups. The Lakemba Mosque Declaration smacks of political opportunism thrust onto an unwitting and unprepared Labor Party on the steps of the mosque. Senator Carr and Mr Rudd now need to answer four questions well before voting day:
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David Singer is an Australian Lawyer, a Foundation Member of the International Analyst Network and Convenor of Jordan is Palestine International—an organization calling for sovereignty of the West Bank and Gaza to be allocated between Israel and Jordan as the two successor States to the Mandate for Palestine. Previous articles written by him can be found at: jordanispalestine.blogspot.com