Arguments against Israel’s Annexation of the Golan Make a Mockery of International Law

April 8 2019

The minute President Trump announced U.S. recognition of Israeli claims to the Golan Heights, seasoned former diplomats, policy experts, and scholars of international law rushed to condemn this alleged flouting of international norms—bound, in their view, to give succor to imperialists and aggressors everywhere. But such assertions, Shany Mor argues, are so riddled with inconsistencies as to suggest that, in the hands of these practitioners, international law means nothing more than “whatever Israel does is illegal.” Mor begins with the objection that Israel, in seizing the Golan in the 1967 Six-Day War, failed to respect international borders:

The accusation that Israel and the U.S. are flagrantly violating diplomatic and legal norms rests on [the assumption that] the armistice lines created in 1949 between Israel and its Arab neighbors [constitute] de-facto international borders and tries to apply to them the same standards of territorial integrity as an internationally recognized boundary. The problem is that the armistice agreements explicitly say the opposite—and at the insistence of the Arab side. . . . Syria, like Egypt and Jordan, assumed that in a future war it might conquer more territory and didn’t want to be saddled with a binding line. It was not a gamble that paid off.

The problems don’t end there. Even if the agreements that established the 1949 armistice lines didn’t explicitly declare them to be temporary and nonbinding, they would have ceased to have any legal validity when fighting erupted again, as it did in June 1967. As in the 1948 war, the Arab aim in 1967 was explicitly and openly stated: [the elimination] of the Jewish state of Israel. The expectation that the colossal Arab defeat could be followed by a return to the lines from the previous war—it, too, a colossal Arab defeat—would be like the Germans in 1945 expecting they could restore the borders they had in 1919.

A further problem is that the armistice lines themselves rewarded aggressive conquest, putting Jordan, Egypt, and (importantly for this discussion) Syria in lands that were beyond their own prewar boundaries. Israel’s territorial gains are a violation of a post-1945 principle, but Arab territorial gains (which also took place after 1945) are somehow not?

Others have argued that Israel is bound by the borders it inherited from the British Mandate. As Mor points out, it is not at all clear where this would leave the Israel-Syrian border. Moreover,

the almost universal consensus that Israel’s presence in the West Bank is one of the great international crimes of our era would be threatened by the adoption of this norm. If independent Israel inherited the Mandate’s borders on the Golan, then it surely inherited them [east of the “green line” and] along the Jordan River, too.

Read more at Tablet

More about: Golan Heights, International Law, Syria, West Bank

The U.S. Should Demand Accountability from Egypt

Sept. 19 2024

Before exploding electronics in Lebanon seized the attention of the Israeli public, debate there had focused on the Philadelphi Corridor—the strip of land between Gaza and Egypt—and whether the IDF can afford to withdraw from it. Egypt has opposed Israeli control of the corridor, which is crucial to Hamas’s supply lines, and Egyptian objections likely prevented Israel from seizing it earlier in the war. Yet, argues Mariam Wahba, Egypt in the long run only stands to lose by letting Hamas use the corridor, and has proved incapable of effectively sealing it off:

Ultimately, this moment presents an opportunity for the United States to hold Egypt’s feet to the fire.

To press Cairo, the United States should consider conditioning future aid on Cairo’s willingness to cooperate. This should include a demand for greater transparency and independent oversight to verify Egyptian claims about the tunnels. Congress ought to hold hearings to understand better Egypt’s role and its compliance as a U.S. ally. Despite Secretary of State Antony Blinken’s nine trips to the Middle East since the start of the war, there has been little clarity on how Egypt intends to fulfill its role as a mediator.

By refusing to acknowledge Israel’s legitimate security concerns, Egypt is undermining its own interests, prolonging the war in Gaza, and further destabilizing its relationship with Jerusalem. It is time for Egyptian leaders either to admit their inability to secure the border and seek help from Israel and America, or to risk being perceived as enablers of Hamas and its terrorist campaign.

Read more at National Review

More about: Egypt, Gaza War 2023, U.S. Foreign policy