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

Jan. 10 2017

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

The Next Diplomatic Steps for Israel, the Palestinians, and the Arab States

July 11 2025

Considering the current state of Israel-Arab relations, Ghaith al-Omari writes

First and foremost, no ceasefire will be possible without the release of Israeli hostages and commitments to disarm Hamas and remove it from power. The final say on these matters rests with Hamas commanders on the ground in Gaza, who have been largely impervious to foreign pressure so far. At minimum, however, the United States should insist that Qatari and Egyptian mediators push Hamas’s external leadership to accept these conditions publicly, which could increase pressure on the group’s Gaza leadership.

Washington should also demand a clear, public position from key Arab states regarding disarmament. The Palestinian Authority President Mahmoud Abbas endorsed this position in a June letter to Saudi Arabia and France, giving Arab states Palestinian cover for endorsing it themselves.

Some Arab states have already indicated a willingness to play a significant role, but they will have little incentive to commit resources and personnel to Gaza unless Israel (1) provides guarantees that it will not occupy the Strip indefinitely, and (2) removes its veto on a PA role in Gaza’s future, even if only symbolic at first. Arab officials are also seeking assurances that any role they play in Gaza will be in the context of a wider effort to reach a two-state solution.

On the other hand, Washington must remain mindful that current conditions between Israel and the Palestinians are not remotely conducive to . . . implementing a two-state solution.

Read more at Washington Institute for Near East Policy

More about: Gaza War 2023, Israel diplomacy, Israeli-Palestinian Conflict