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Under Article 2 of the Fourth Geneva Convention its provisions are only binding on signatory states. To apply the Convention to the 1967 borders, the ICC had to treat the territory as Jordanian for that purpose, even while contradictorily accusing Israel of depriving Palestinian Arabs of political representation. Either the Arabs in the territories are Jordanian nationals, who are covered by the Convention, or they are Palestinian nationals and aren’t.
Article 4 of the Convention states: “Nationals of a State which is not bound by the Convention are not protected by it.” Unless the ICC can show that Fatah and Hamas are bound by the Convention, they are not protected by it. The only way that the Fourth Geneva Convention can apply to the territories is if the Arab Muslims living there are recognized as Jordanian nationals. But that would also invalidate any further claims to a Palestinian State.
The strategy of Israel’s Muslim neighbors was to wage a terrorist war using groups that would not be bound by the Convention. It is far too late to claim that the terrorists were retroactively protected by the Fourth Geneva Convention—even though they were never bound by it. It is also far too late to claim that the territorial demands that they would only begin making in the 1970s retroactively invalidated Israel’s prior claims to the area, or its towns and villages rebuilt at a time when Palestinian Nationalists were still claiming that Israel was actually part of Syria.
Finally, Al‑Khasawneh, one of the ICC judges, in a blatant conflict of interest, was an advisor to the King of Jordan and later became the Prime Minister of Jordan. The media outlets attacking the political allegiances of the Levy Report members might want to explain Al‑Khasawneh’s presence on a case involving the territorial interests of his monarchy.
The legal basis for the entire settlements myth relies on treating the borders of a cease-fire agreement as a territorial delineation, rather than a temporary cessation of conflict. This has no legal basis. Either all of Israel is occupied or none of it is. Either all Israelis are settlers or none of them are. The Muslim position is at least consistent in this regard, while the positions of the United Nations, Western nations and the Israeli left are completely inconsistent.
The repeated attacks on Israel’s territorial integrity are not only dishonest; they carry the implicit and explicit threat of ethnic cleansing. After the Holocaust, the idea of ethnically cleansing between a third of a million and half a million Jews should have been considered unacceptable. Instead it has become the mandate of a system of international law which was created to prevent history from repeating itself, and which is nevertheless repeating it.
No international diplomat, journalist or judge has ever complained about Arab-Israelis living in Jerusalem. Their complaints have targeted only one people– by race. The Muslim occupiers purged the Jews by religion and race, and now the international community insists on trying to finish the job that the Egyptian and Jordanian armies, and the Muslim Brotherhood, began in Jerusalem, Kfar Darom and Kfar Etzion.
The Levy Report has put the specious legal reasoning used as a cover for this bigotry to bed. It is time that the rest of the world did the same.
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