The UN Settlements Resolution Runs Contrary to Longstanding U.S. Policy and to International Law

Ambassador Samantha Power, defending the U.S. decision not to veto Security Council Resolution 2334, stated that the vote was “fully in line with the bipartisan history of how American presidents have approached the issue,” citing alleged precedent from previous administrations. However, writes Peter Berkowitz, both her claim and similar statements issued by the presidential foreign-policy guru Ben Rhodes are demonstrably false; he outlines how the incoming president can undo the damage:

While previous administrations have criticized settlements as bad policy, it is the Obama administration that deviates from longstanding American practice by maintaining that every last inch of the West Bank—the territory beyond the Green Line held by Jordan on the eve of the June 1967 Six-Day War—is lawfully Palestinian land. In the very 1982 address on the Middle East that Power cites in defense of Resolution 2334, President Reagan declared, “In the pre-1967 borders, Israel was barely ten-miles wide at its narrowest point. The bulk of Israel’s population lived within artillery range of hostile Arab armies. I am not about to ask Israel to live that way again.” . . .

Power is wrong on legal grounds as well as on security and historical ones. The Green Line is the 1949 armistice line to which Israel and Jordan agreed to end the war begun by five Arab armies invading Israel after it declared independence on the expiration of the British Mandate in May 1948. The armistice lines have no inherent legal significance. . . .

[S]hortly after he takes the oath of office, Donald Trump should invoke Article I, Section 8, Clause 10 of the United States Constitution, which gives Congress power to “define . . . offenses against the law of nations.” President Trump should ask Congress to pass a law stating that the UN resolution is such an offense and shall not be recognized by any U.S. entity as authoritative. The law should impose sanctions against any U.S. person or entity that cooperates in the enforcement of the resolution. . . .

[T]he Obama administration’s efforts to use international law to criminalize the Netanyahu government’s disagreement with it over how Israel might best achieve security and peace should be forcefully repudiated, certainly by those who believe that international law should not be degraded into a nasty brew of moral posturing, political maneuvering, and personal payback.

Read more at RealClearPolitics

More about: Donald Trump, International Law, Israel & Zionism, Samantha Power, Settlements, United Nations, US-Israel relations

 

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden