By David Singer ——Bio and Archives--June 16, 2014
World News | CFP Comments | Reader Friendly | Subscribe | Email Us
"The West Bank and Gaza Strip are disputed territories whose status can only be determined through negotiations. Occupied territories are territories captured in war from an established and recognized sovereign. As the West Bank and Gaza Strip were not under the legitimate and recognized sovereignty of any state prior to the Six Day War, they should not be considered occupied territories. The people of Israel have ancient ties to the territories, as well as a continuous centuries-old presence there. These areas were the cradle of Jewish civilization. Israel has rights in the West Bank and Gaza Strip, rights that the Palestinians deliberately disregard."Australia's Prime Minister - Tony Abbott - agrees:
"It is important, as far as you can, not to use loaded terms, not to use pejorative terms, not to use terms which suggest that matters have been prejudged and that is a freighted term. The truth is they're disputed territories."Carr and Evans conveniently overlook mentioning or rebutting Israel's position--indicating a level of intellectual dishonesty which is disappointing coming from persons with such distinguished backgrounds. Instead - Carr and Evans ring the alarm bells - attempting to incite a state of international hysteria when claiming:
"If East Jerusalem is not to be referred to as "occupied", why not Nablus or Bethlehem? If the Australian government can say "occupied East Jerusalem" is fraught with "pejorative implications" what is to stop Ms Bishop applying this to the occupied West Bank as a whole? It is a short step away for the Coalition government to declare that all the West Bank, with its population of more than 2 million Arabs, is no more than a "disputed" territory.Are they really unaware that 40% of the West Bank--including Nablus and Bethlehem - contains 96% of the West Bank Arab population--and has been under the total administrative control of the Palestine Liberation Organisation since 1995? Have they forgotten that Israel offered to cede its claims to sovereignty in more than 90% of the West Bank to the Palestinian Authority in 2000/2001 and 2008--and that both offers were rejected. Carr and Evans aren't averse in misleading their readership when they assert:
"The International Court of Justice in 2004 declared not only that the West Bank was occupied but that this was illegal."It is unseemly that they forget to mention that this decision was an Advisory Opinion only and has no binding legal effect. What is completely inexcusable is that Carr and Evans relied only on this International Court of Justice decision--whilst apparently failing to consider the following established international law with specific application to the West Bank--namely:
View Comments
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