An Unprecedented Palestinian Demand: No Jews Allowed https://mosaicmagazine.com/picks/israel-zionism/2016/09/an-unprecedented-palestinian-demand-no-jews-allowed/

September 19, 2016 | Eugene Kontorovich
About the author: Eugene Kontorovich is a professor at George Mason University Antonin Scalia School of Law, director of its Center for International Law in the Middle East, and a scholar at the Kohelet Policy Forum in Jerusalem.

Last week, Benjamin Netanyahu referred to the Palestinian demand that a future Palestinian state be free of Jews as a call for “ethnic cleansing,” thereby causing a stir. Examining similar situations from the present and recent past, Eugene Kontorovich notes that this demand, whatever name one gives to it, is entirely without precedent:

When pressed, defenders of the Palestinian position characterize the demand as “no settlers” rather than the uglier-sounding “no Jews.” [This description] is hard to take at face value, as the Palestinians have never objected to Israeli Arabs settling across the Green Line, as they have in significant numbers. . . .

There is simply no support in international practice for the expulsion of settlers from occupied territories. In the many situations involving settlers around the world, the international community has never supported expulsion, and consistently backed plans allowing the settlers to remain in a new state. . . .

This is not because these settlers are beloved by the surrounding population. The opposite is true. In the Paris peace talks to end the Vietnamese occupation of Cambodia, representatives of the latter tried to raise the possibility of expelling the nearly one-million Vietnamese settlers. Their arguments were familiar: the settlers remind them of the occupation, rekindle ancient hatreds, and destabilize the peace. Yet the Cambodian demand for the mass removal of ethnic Vietnamese was rejected outright by diplomats.

Furthermore, argues Kontorovich, Israeli settlers have a claim to legitimacy absent in comparable cases:

The only reason [Jews living in the West Bank are] “settlers” was the Jordanian expulsion of 1949, and their subsequent nineteen-year enforcement of a Jew-free territory. International-law scholars like to say that Israel, as an occupying power, must maintain the prior status quo. Even assuming that is true, pointing out that the status quo was itself a result of recent, complete to-the-last Jew ethnic cleansing should hardly be bad form.

Read more on Tablet: http://www.tabletmag.com/scroll/213597/a-palestinian-state-free-of-jews