According to a Basic Rule in International Law, the West Bank Is Part of Israel

While it has become commonplace to refer to Israel’s control of areas it seized during the Six-Day War as an “occupation,” and one of questionable legality, Avi Bell and Eugene Kontorovich argue that, according to a widely accepted principle of international law, Israel’s claims to the territory are wholly legitimate. This principle, known as uti possidetis juris (“as you possess under law”), has been crucial in establishing the borders of recently created states in Africa and Eastern Europe. They write:

Remarkably, despite the intensity of the debates, little attention has been paid to the relevance of the doctrine of uti possidetis juris to resolving legal aspects of the dispute [concerning Israel’s borders]. . . .

Summarizing the operation of the rule, Steven Ratner explains [that it] “provides that states emerging from decolonization shall presumptively inherit the colonial administrative borders that they held at the time of independence.” Recent decades have shown that uti possidetis juris applies to all cases where the borders of new states have to be determined, and not just in its original context of decolonization. . . .

Israel’s independence would thus appear to fall squarely within the bounds of circumstances that trigger the rule of uti possidetis juris. Applying the rule would appear to dictate that Israel’s borders are those of the [British] Palestine Mandate that preceded it, except where otherwise agreed upon by Israel and its relevant neighbor. . . . Given the location of [these borders], applying the doctrine of uti possidetis juris to Israel would mean that Israel has territorial sovereignty over all the disputed areas of Jerusalem [as well as] the West Bank and Gaza, except to the degree that Israel has voluntarily yielded sovereignty since its independence.

Read more at Social Science Research Network

More about: British Mandate, Gaza Strip, International Law, Israel & Zionism, Jerusalem, West Bank

Israel Just Sent Iran a Clear Message

Early Friday morning, Israel attacked military installations near the Iranian cities of Isfahan and nearby Natanz, the latter being one of the hubs of the country’s nuclear program. Jerusalem is not taking credit for the attack, and none of the details are too certain, but it seems that the attack involved multiple drones, likely launched from within Iran, as well as one or more missiles fired from Syrian or Iraqi airspace. Strikes on Syrian radar systems shortly beforehand probably helped make the attack possible, and there were reportedly strikes on Iraq as well.

Iran itself is downplaying the attack, but the S-300 air-defense batteries in Isfahan appear to have been destroyed or damaged. This is a sophisticated Russian-made system positioned to protect the Natanz nuclear installation. In other words, Israel has demonstrated that Iran’s best technology can’t protect the country’s skies from the IDF. As Yossi Kuperwasser puts it, the attack, combined with the response to the assault on April 13,

clarified to the Iranians that whereas we [Israelis] are not as vulnerable as they thought, they are more vulnerable than they thought. They have difficulty hitting us, but we have no difficulty hitting them.

Nobody knows exactly how the operation was carried out. . . . It is good that a question mark hovers over . . . what exactly Israel did. Let’s keep them wondering. It is good for deniability and good for keeping the enemy uncertain.

The fact that we chose targets that were in the vicinity of a major nuclear facility but were linked to the Iranian missile and air forces was a good message. It communicated that we can reach other targets as well but, as we don’t want escalation, we chose targets nearby that were involved in the attack against Israel. I think it sends the message that if we want to, we can send a stronger message. Israel is not seeking escalation at the moment.

Read more at Jewish Chronicle

More about: Iran, Israeli Security