A Jewish community in the so-called “West Bank.”

In referring to the physical land of Israel, the question “Whose land is it?” has been a popular one among world leaders, politicians, and even theologians and pastors. Some would argue that the whole peace process is based on being able to answer this one question. In some ways, it is complicated in terms of defining modern borders in a very ancient region of the world. In other ways, it is quite simple: We have one group of people (the leadership of the Palestinian Authority, or PA) who don’t want peace and who wishes for the total destruction of another group of people, Jewish Israelis. Very simply (and sadly), the PA doesn’t want peace with Jews (it’s in their Charter), while the Israelis want peace for everyone!

About this issue of land and so-called “settlements,” I came across a very interesting article written by Rachel Avraham. Rachel, a Jew, lives in one of these Jewish communities (a much better term than “settlements”) in the biblical region called Samaria (called the “West Bank” today). Her own experiences and perspectives are very interesting and insightful.

A map of Judea & Samaria (called the “West Bank” today).

Here is what Rachel Avraham (in a Jerusalem Online article) said –

“Nevertheless, despite Israeli lobbying on the issue, US Secretary of State John Kerry also appears to think that the settlements are an obstacle to peace and make the two-state solution very difficult to implement: “The facts speak for themselves. The number of settlers in the roughly 130 Israeli settlements east of the 1967 lines has steadily grown. The settler population in the West Bank alone not including East Jerusalem has increased by nearly 270,000 since Oslo including 100,000 just since 2009 when President Obama’s term began. This is not to say that the settlements are the whole or even primary cause of the conflict. Of course, they are not. Nor can you say that if they were removed, you would have peace without a broader agreement. You would not. And we understand that in a final status agreement, certain settlements would become part of Israel to account for the changes that have occurred over the last 49 years including the new demographic realities on the ground. But if more and more settlers are moving into the middle of Palestinian areas, it is going to be that much harder to separate, that much harder to imagine transferring sovereignty and that is exactly the outcome that some are accelerating.”

“However, supporters of Israel often point out that the Fourth Geneva Convention specifically refers to belligerent occupations and the forceful transfer of people, not the voluntary transfer of civilians to areas that previously belonged to the Jewish people throughout the history that were recaptured during a war of self-defense.   They emphasize that Israel only regained the areas after the 1967 War, which was initiated only after Egyptian and Syrian troops amassed along the Israeli border, former Egyptian President Abdul Gamal Nasser ordered the withdrawal of UN forces, closed off the Straits of Tiran to Israeli shipping and engaged in incitement on a daily basis and Jordanian forces attacked Israel. Furthermore, they note that the Mandate for Palestine that includes Judea and Samaria as well as East Jerusalem, which was incorporated into international law by the League of Nations at the Sam Remo Conference in 1922, recognized ‘the historical connection of the Jewish people with Palestine’ and sought to ‘encourage close settlement by Jews on the land.” According to UN official documents, all League of Nations resolutions are also valid for the UN.

In addition, when Jordan conquered the West Bank and Egypt took over Gaza, no one recognized their rights to these lands and at that time, there was no movement to establish a Palestinian state.  Furthermore, when Israel made peace with both Jordan and Egypt, both countries gave up their claims to these territories. Given this, the Israeli side argues that the pre-existing Palestine Mandate resolution that permits Jews to settle in the area is still valid for these areas and therefore the international community has no legal basis to tell Jews not to settle in areas over the green line.  As Professor Eugene Rostow, a former US Under-Secretary of State for Political Affairs, has written: “The Jewish right of settlement in the area is equivalent in every way to the right of the local population to live there.”

“In legal terms, the West Bank is best regarded as territory over which there are competing claims which should be resolved in peace process negotiations – and indeed both the Israeli and Palestinian sides have committed to this principle,” the Israeli Ministry of Foreign Affairs proclaimed. “Israel has valid claims to title in this territory based not only on the historic Jewish connection to, and long-time residence in this land, its designation as part of the Jewish state under the League of Nations Mandate, and Israel’s legally acknowledged right to secure boundaries but also due to the fact that the territory was not previously under the legitimate sovereignty of any state and came under Israeli control in a war of self-defense. At the same time, Israel recognizes that the Palestinians also entertain claims to this area. It is for this reason that the two sides have expressly agreed to resolve all outstanding issues, including the future of the settlements, in direct bilateral negotiations to which Israel remains committed.”

A Jewish community in the region of Judea

I think Rachel’s perspectives are grounded not only upon her own experiences, but with a good grasp of history as well. In answering the question, “Whose land is it?,” facts really do matter!  Sadly, one side (the PA) don’t care about facts. And until this changes (along with the hate for Jews), there will be no peace.

Pray for the peace of Jerusalem & Israel. Pray for peace for Arabs and Jews alike!

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