An eminent Israeli jurist says that the government of Premier Menachem Begin has no legal basis to back its claims to the West Bank. Prof. Nathan Feinberg, Professor Emeritus of International Law and Relations at the Hebrew University, presented a point-by-point refutation of Begin’s arguments in an article in Haaretz.
Begin contends that the West Bank is not occupied territory but a “liberated” part of Eretz Israel (Land of Israel). According to the Premier, the legality of that claim rests on a law passed by the Knesset in 1967 to allow for the reunification of Jerusalem. It authorized the government to “impose Israeli law, legislation and administration on each part of Eretz Israel as shall be stated in an ordinance.” This, according to Begin, excluded all parts of Eretz Israel from the category of “occupied territories.”
Feinberg observed that Begin’s argument is a contradiction of the basic principle of international law, namely that international law is superior to internal law. “Otherwise, all countries would be free at any time to do as they please and the basis of international law would be destroyed,” Feinberg wrote.
He also rejected the frequent argument that Jordan has no better claim than Israel on the West Bank since she herself annexed that territory in 1950. The Likud argument notes that only two countries have recognized that annexation. But “how many countries have recognized Israel’s sovereignty in West Jerusalem?” Feinberg asked.
ROLE OF INTERNATIONAL LAW
The lawyer questioned the Likud government’s claim that a war of defense allows the victorious power to retain the territories it seized. He said that under international law a country is allowed to cross borders only to halt an attack on it. Israel’s claim that the Soviet Union also holds territories it captured in a defensive war are not valid, Feinberg said. Moreover, he asked, “Can Israel afford to behave as one of the superpowers while its retention of territories is opposed by all countries, including its friends?”
Feinberg said that Israel has no legal documents to support Begin’s statement in the Knesset that “Eretz Israel belongs to the Jewish people by right.” He noted that while Foreign Minister Moshe Dayan is careful to speak of “Jewish ties” to the Judaea and Samaria regions, Begin speaks of a general right that is even more significant than the talk of an “historic right.” The latter phrase is contained in the guidelines drafted for Israeli diplomatic missions abroad by Begin’s information advisor, Shmuel Katz.
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