The Confused Legal Reasoning behind the UN’s Effort to Publish a Checklist for Boycotters of Israel

Dec. 12 2018

In 2016, the UN Human Rights Council (UNHRC) formally instructed the high commissioner for human rights, who oversees the council’s attendant bureaucracy, to compile a database of businesses that have “directly and indirectly enabled, facilitated, and profited from the construction and growth of the settlements”—by which are meant Jewish communities in the West Bank. The list, which has not yet been made public, includes some 206 businesses, most of which are based in Israel. In a detailed report, the Kohelet Policy Forum explains why this project is nothing but an attempt to aid those who wish to boycott Israel:

The clear goal of the UNHRC . . . is to create negative reputational consequences for the listed companies, and ultimately to trigger sanctions against targeted companies through subsequent action by the Security Council or national governments. [Moreover], the current “research” program is focused only on companies with links to Israel, and particularly areas of the West Bank under the Oslo Accords under full Israeli civil administration.

But . . . business activity in what the UN regards as occupied territories is a worldwide phenomenon. Every situation of prolonged belligerent occupation in the world involves widespread “settlement” activity—a non-technical term to refer generally to the migration of civilians from the occupying power into the territory. In all of these occupations, business enterprises, including third-country firms, play a major economic role. Many of these settlement enterprises have resulted in the large-scale ethnic cleansing or displacement of the occupied population or subjected it to widespread and massive human-rights violations that have been amply documented, [but these cases are not subjects of UNHRC’s concern]. . . .

The UNHRC’s database will focus on “business activities and related issues that raise particular human-rights violations concerns,” [a scope so broad as to include] any kind of activity under Israeli auspices—from providing “construction equipment,” to “banking and financial operations,” to the “use of natural resources,” all in the vague context of “maintain[ing]” settlements. To be clear, no physical link to Jewish civilian communities is required for inclusion in the list, . . . a standard vague enough to sweep in much of Israeli industry. This definition is legally baseless. . . .

Read more at Kohelet Policy Forum

More about: BDS, International Law, Israel & Zionism, UNHRC, United Nations, West Bank

By Destroying Iran’s Nuclear Facilities, Israel Would Solve Many of America’s Middle East Problems

Yesterday I saw an unconfirmed report that the Biden administration has offered Israel a massive arms deal in exchange for a promise not to strike Iran’s nuclear facilities. Even if the report is incorrect, there is plenty of other evidence that the White House has been trying to dissuade Jerusalem from mounting such an attack. The thinking behind this pressure is hard to fathom, as there is little Israel could do that would better serve American interests in the Middle East than putting some distance between the ayatollahs and nuclear weapons. Aaron MacLean explains why this is so, in the context of a broader discussion of strategic priorities in the Middle East and elsewhere:

If the Iran issue were satisfactorily adjusted in the direction of the American interest, the question of Israel’s security would become more manageable overnight. If a network of American partners enjoyed security against state predation, the proactive suppression of militarily less serious threats like Islamic State would be more easily organized—and indeed, such partners would be less vulnerable to the manipulation of powers external to the region.

[The Biden administration’s] commitment to escalation avoidance has had the odd effect of making the security situation in the region look a great deal as it would if America had actually withdrawn [from the Middle East].

Alternatively, we could project competence by effectively backing our Middle East partners in their competitions against their enemies, who are also our enemies, by ensuring a favorable overall balance of power in the region by means of our partnership network, and by preventing Iran from achieving nuclear status—even if it courts escalation with Iran in the shorter run.

Read more at Reagan Institute

More about: Iran nuclear program, Israeli Security, U.S.-Israel relationship