International Law Issues Pertaining to the Arab-Israeli Conflict

Question 1

True or false? Israel has no desire to comply with international law.

Answer 1

False, Israel tries to adhere to international law.

Question 2

True or false? International law is losing influence to domestic laws as time goes on.

Answer 2

False, international law is becoming more domineering as time goes on.

Question 3

List ways that Israel is different than other countries when it comes to its relationship with international law.

Answer 3

History, Holocaust, Jewish and democratic, state of continuous warfare, asymmetric in nature, involvement in international law, Supreme Court, economy, human rights, refugees, lack of clear borders, double standards, and laws of belligerent occupation.

Question 4

How does history affect Israel’s interaction with international law?

Answer 4

Israel is a Diaspora full of major, dramatic, and traumatic periods of prosecution and discrimination. History created a mentality among Jews of besiegement, and Masada is a reflection of this — figuratively describes how Israelis perceive the world to be surrounded by those against Jews.

Question 5

How does the Holocaust affect Israel’s interaction with international law?

Answer 5

In Western Europe, World War II is seen as the result of the manifestation of nationalism that lost control; however, Zionism says that the lack of nationalism led to the Holocaust.

Question 6

How does the Jewish and democratic character of the State of Israel affect its interaction with international law?

Answer 6

There is no formal constitution, but instead have Basic Laws. International law purports to be universal and requires that every be treated equally; however, the Basic Laws tell us that the State of Israel should be Jewish.

Question 7

How does the state of continuous warfare affect Israel’s interaction with international law?

Answer 7

Israel has had many wars and intifadas in the past, and is in the business of going to war — it is not a question of if, but when. It is inherently easier for peaceful countries to adhere to international law.

Question 8

How does the asymmetric nature of Israel’s conflicts affect their interaction with international law?

Answer 8

In the past, wars were against one country who would also be required to adhere to international law — reciprocity is an important factor in international law. States comply not because f high morals, but also because of symmetric compliance. However, in recent times, the Palestinian Liberation Organization, Hezbollah, and Hamas do not comply with international laws.

Question 9

How might Israel be sucked into non-compliance with international law as a result of the asymmetric nature of their conflicts?

Answer 9

If Israel tries to fight fire with fire using terrorism, it causes Israel to lose its identity. House demolitions are done under the guise of deterrence, but if it is revenge that is disguised, it may rise to the level of terrorism according to international law.

Question 10

How does Israel’s involvement in international law affect its interaction with international law?

Answer 10

There is a disproportionate dominance of Israel in international law matters — the General Assembly discusses Israel on a regular basis, and many cases have international relevance to international law and international human rights law (Eichmann case).

Question 11

How does the Supreme Court in Israel affect its interaction with international law?

Answer 11

The Supreme Court is a very powerful entity and is very activist. International law in Israel is concrete, and the supreme Court delivers decisions on international law, including the most sensitive cases.

Question 12

How does Israel’s economy affect its interaction with international law?

Answer 12

Israel’s economic development is schizophrenic — some places have great wealth, but other pockets (such as Arab and Ultra-Orthodox Jews) live in great poverty. There is an overlap between poor economic records and bad international law records. People don’t feel they pay the price for breaching international law because they are doing well economically.

Question 13

How does human rights in Israel affect its interaction with international law?

Answer 13

Most countries have a constitution that provides protection for human rights, and many countries would join a tailor-made court to protect human rights that would exert pressure from the international level to the domestic level. However, Israel does not have a constitution, has not joined a regional entity, and has not joined a regional human rights convention. Israel is like an island shielded from international pressure.

Question 14

How does Israel’s position on refugees affect its interaction with international law?

Answer 14

The history of Jew is history of refugees — the conception of the “Wandering Jew.” Israel was established after the Holocaust, where Jews were often not able to return to their homeland. Zionism is a success of miraculous proportions. After this, Israel was one of the main proponents of the 1951 Convention Relating to the Status of Refugees; however, Israel tries to exclude refugees on the basis that Israel is already a collection of refugees, and cannot accept all African refugees.

Question 15

How does Israel’s lack of clear borders affect its interaction with international law?

Answer 15

Normal countries have clear borders, while the State of Israel does not — even international law experts do not really know where the borders of Israel lie.

Question 16

How does the perception of double standards affect Israel’s interaction with international law?

Answer 16

The perception is that international law is being abused against Israel — international law is politicized, and more onerous in Israel. Israel attracts 40 to 50 percent more of the time of the international community while countries committing much graver atrocities are left alone.

Question 17

What case reinforced the Israelis’ opinion that international law is being applied to them based on a double standard?

Answer 17

The Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory case. Israel had built the wall to protect against Israelis being killed by terrorists, but the International Court of Justice decided that self-defence cannot be used against a non-state entity.

Question 18

How does Israel benefit from the double standard of the international community with regards to the situation in Israel?

Answer 18

Israel faces no sanctions with regards to the Golan Heights, largely due to the veto powers of the United States of America and Germany. Can breach international law without the international price. The international community has no problem confronting Russia and Iran, but would not dare confront Israel.

Question 19

How do the laws of belligerent occupation affect Israel’s interaction with international law?

Answer 19

Israel is in a complicated situation: the occupation has lasted 52 years so the laws surrounding belligerent occupation are not a good fit; Israeli territory is prescribed by biblical texts; and the West Bank used to be illegally occupied by Jordan. Therefore, Israel does not accept the laws of belligerent occupation.

Question 20

What would it take for Israel to comply with international law?

Answer 20

All of the core facets are there — the country is successful and strong. However, it maintains a “ghetto” mentality of being surrounded by enemies. Those that try alternative models are assassinated. There is a requirement for courage to withhold against popular opinion. However, Israel’s proportional representation system works against this.

Question 21

How should the Holocaust affect Israel’s duties when it comes to violations of human rights?

Answer 21

Important to keep a collective memory, and imposes a duty on Israel to be more sensitive to ethnic cleansing and genocide in other nations.

Question 22

Why is territory important to international law?

Answer 22

Without territory, cannot be considered a state.

Question 23

Give a brief history of Israel.

Answer 23

In 1917, the British forces kicked out the Turks and gained control over Palestine. The international community (the League of Nations) came up with the British Mandate. Order given by the international community based on international law to establish a British Mandate over all of Palestine. There was an armed conflict between the Jewish and Arab liberalization movements.
British returned to international community when they were unsuccessful — approached the newly created United Nations. The United Nations came in 1947 with a plan to partition Palestine. The Jews accepted and the Arabs did not, and this resulted in a full-fledged independence war where Israel came out victorious.

Question 24

What is the Green Line?

Answer 24

An armistice agreement meant to segregate the new Jewish state and the Arab state — however, the Green Line reflected only the realities on the ground, and stated unequivocally that it should not act as prejudicing the rights of the parties to bring claims to the table. Nonetheless, the international community insists that the Green Line should be the border.

Question 25

What is the difference between Israel’s claim to the Golan Heights/East Jerusalem and West Bank/Gaza Strip?

Answer 25

Israel annexed the Golan Heights and East Jerusalem (demonstrating ownership) while it simply occupies the West Bank and Gaza Strip (possession). Communicates that they are willing to negotiate on the West Bank and Gaza Strip.

Question 26

Describe the situation in the Gaza Strip.

Answer 26

It is one of the worst places on earth, and is controlled by a deadly terrorist organization. Israel withdrew from downtown Gaza and then unilaterally from the Gaza Strip, trying to avoid laws surrounding belligerent occupation. The dispute now is whether Israel still occupies the Gaza Strip.

Question 27

Give the argument for Israel not occupying the Gaza Strip.

Answer 27

There are no bots on the ground, which is the traditional, common sense interpretation of occupation.

Question 28

Give the argument for Israel still occupying the Gaza Strip.

Answer 28

Territory is controlled remotely through technology.

Question 29

Describe the situation in the Golan Heights with Syria.

Answer 29

Was under Syrian sovereignty in the past, and Israel even called the Golan heights the Syrian Heights. The initial invasion is seen as a legal act of self-defence. Israel then annexed the Golan Heights. International law says that invasion is allowed in certain circumstances, and occupation may be legal; however, no ownership over a territory can be obtained through the use of force. Israel insists that the Golan Heights is integral for its survival, and that its existence depends on this tiny plot of land.

Question 30

Describe the situation in the West Bank.

Answer 30

British Mandate said that the British should establish a Jewish state in Palestine, including the West Bank; however, this was never implemented. The Partition Plan treated the West and as the 45 percent envisioned for the Arab state, but this plan was also not implemented. Jordan first annexed the West Bank, before it was taken over by Israel in 1967. Israel has implemented a de facto annexation in the past 50 years. The Oslo Accords followed.

Question 31

How do the Oslo Accords influence the situation in the West Bank?

Answer 31

Was intended to be a temporary, stopgap measure. Israel was willing to negotiate and recognize the legitimate rights of the Palestinian Liberation Organization, and divided the West Bank into Area A (urban cities under control of the Palestinian Liberation Organization), Area B (rural villages placed under Israeli military responsibility but with civilian Palestinian responsibility for things like health care and education), and Area C (open spaces under control of Israel).

Question 32

The International Court of Justice, the European Courts of Justice, and the Security Council of the United Nations treat the entire West Bank as ___ ___ ___.

Answer 32

Occupied Palestinian territory.

Question 33

Why is it problematic that the West Bank be declared Palestinian?

Answer 33

The West Bank is only completely Palestinian if the Green Line is taken as binding, but at the time it was signed it was agreed that it would not prejudice future claims.

Question 34

Describe the situation in Jerusalem.

Answer 34

When the British Mandate was in force, Jerusalem was part of Palestine; however, this plan never came to fruition. The Partition Plan meant for Jerusalem to be under international order administered by the United Nations. After Israel’s independence war, Israel annexed East Jerusalem as a preemptive attack. From an Israeli law perspective, East Jerusalem belongs to Israel but the international community says it should be considered occupied land according to the Fourth Geneva Convention.

Question 35

Why is the international community’s assertion that East Jerusalem is occupied territory problematic?

Answer 35

If there is a legal principle that you cannot gain ownership to land through the use of force, why is West Jerusalem accepted to be under Israeli ownership (when it was also taken by force), but not East Jerusalem?