

Most Israelis Demonstrate Extraordinary Self-Restraint
December 21, 2009 | Eli E. Hertz
Calls
for a freeze on Jewish construction in Judea and Samaria - while Arab
construction, which far exceeds Jewish development, continues
unfettered - are clearly biased and by itself a violation of
international law.
Israel,
as a party to the International Covenant on Economic, Social and
Cultural Rights (ICESCR, 1966) is obligated to use "all appropriate
means" to promote and protect the right to housing, including the prohibition on forced evictions.
Arabs
claim that Jewish settlements "change the status" of the Territories
and represent a distortion of the Oslo Accords. This phrase applies to
acts that change the political status of the disputed territory - such
as outright Israeli annexation or a Palestinian declaration of
statehood. Since Jewish settlements are legal, they should be promoted
and supported in accordance of the "Mandate for Palestine" - The
historical League of Nations document, that laid down the Jewish legal
right to settle anywhere in western Palestine, the area between the
Jordan River and the Mediterranean Sea.
The
Oslo Accords do not forbid Israeli or Arab settlement activity. Charges
that further Jewish settlement activity preempts final negotiations by
establishing realities requires reciprocity. If the West Bank and Gaza
were de jure part of the British Mandate, and if the Mandate borders
[article 25] are the last legal document concerning this territory; and
if Jews were forcibly expelled from the West Bank and Gaza in 1948
during a war of aggression aimed at them - then these Territories must
be considered disputed Territories, at the least.
The
Israeli-Palestinian border dispute is like every other major and minor
boundary dispute around the globe. Since the West Bank and Gaza were
redeemed in 1967 in a defensive war and are not "Occupied Territories"
gained illegally by a bellicose power; and since this fact is
recognized in the wording of UN Resolutions 242 and 338 that call for a
settlement to institute "secure and recognized borders," calling for a
construction freeze on Jewish settlements should, logically, be
paralleled by a freeze on Arab construction in the West Bank.
The Oslo II Agreement recognizes de facto the special status and security needs of Jewish communities in the West Bank.
Rather
than negotiate a settlement, as agreed to in September 1993,
Palestinians elected to break their commitment and to intensify the use
of terrorism as a political vehicle in a low-tech war of aggression.
The
status issue has been co-opted and warped by the Palestinians in an
attempt to curtail Jewish settlement. Neither the 1993 "Oslo I" (the
Declaration of Principles) nor the 1995 Oslo II (Interim Agreement)
stipulate that the construction of settlements, neighborhoods, houses,
roads or other building projects cease.
According
to a former policy planning official, the pace of Arab construction is
"more than 10 times the number of buildings under construction [in the
Territories] than those approved [by the Israeli government] for the
[Jewish] settlers." Calls for a freeze on Jewish construction in the
Territories - while Arab construction continues unfettered, are
discriminatory- all the more so, in light of the fact that Jews were
forcibly expelled in 1948.
Most Israelis living in the Territories demonstrated extraordinary self-restraint in recent years.
Palestinian
Arabs create the impression that they are at risk from violent
Israelis. A close analysis of realities reveals who is really
endangered. All Jewish Israeli schools, both in sensitive areas inside
Israel and settlements in the Territories, are surrounded by perimeter
fences and alarm systems. Public places from restaurants and banks to
wedding halls and hospitals, have armed guards at the entrance. This is
not the case in Israeli Arab communities or among Palestinian Arabs in
the Territories, who are not exposed to terrorist attacks on civilians.
Settlers as a community attempt systematically to avoid conflict.
Settlers
travel on bypass roads built by Israel that detour around Arab
villages. They ride in bulletproof buses or wear flak jackets on their
commute in their cars. More recently, some settlers have surrounded
their villages with security fences. Except in rare instances, Jewish
settlers, have not taken wholesale retaliation against Palestinian Arab
villages, or attempted to establish a balance of terror.
The
late Professor Ehud Sprinzak, a fellow at the Counter-Terrorism
Institute in Herzliya, an expert on right-wing extremism, published a
study entitled Brother Against Brother: Violence and Extremism in
Israeli politics from Altalena to the Rabin Assassination. Professor
Sprinzak not only stated that in his estimation, Israelis, including
settlers, would not resort to armed resistance if ordered by their
government to abandon their homes; he said that had other Western
nations faced Israel’s external and internal challenges, their streets
would have been flooded with blood." This was said before the quantum
leap in levels of violence since September 2000. There were 18,787 (!)
incidents where Jews were targeted by Palestinian Arab terrorists
between September 2000 and May 2003 alone (with and without casualties)
on both sides of the Green Line.
Legalities
aside, before 1967 there were no Jewish settlements in the West Bank
and for the first ten years of so-called occupation there were almost
no Jewish settlers in the West Bank. And still there was no peace with
the Palestinian Arabs. The notion that Jewish communities pose an
obstacle to peace is a red herring designed to blame Israel for lack of
progress in the Peace Process and enable Palestinian leadership to
continue to reject any form of compromise and reconciliation.
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