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Israeli Settlements not Illegal in International Law

21st November 2019, hej

 

On Monday 18 November 2019 Secretary of State Mike Pompeo announced,

After carefully studying all sides of the legal debate,” the United States has concluded that “the establishment of Israeli civilian settlements in the West Bank is not, per se, inconsistent with international law.” timesofisrael


Fox News reported it is,

the latest move by the Trump Administration to bolster Israel's position and undermine Palestinian claims regarding land sought for a future state…

Pompeo (said ) “The Trump administration is reversing the Obama administration's opposition to Israeli settlements in the West Bank," Pompeo said. "The establishment of Israeli settlements in the West Bank is not inconsistent with international law."

Calling the establishment of civilian settlements inconsistent with international law has not advanced the cause of peace.”

The 1978 legal opinion on settlements is known as the Hansell Memorandum. It had been the basis for more than 40 years of carefully worded U.S. opposition to settlement construction.

The Netanyahu government was dealt a blow on settlements just last week when the European Court of Justice ruled products made in Israeli settlements must be labeled as such. foxnews


Breitbart was one of the few to report the entire release including this point,

The United States remains deeply committed to helping facilitate peace, and I will do everything I can to help this cause. The United States encourages Israelis and Palestinians to resolve the status of Israeli settlements in the West Bank in any final status negotiations.

Breitbart also reported on the context which explains why legal opinion under President Johnson was different to the Hansell Memorandum and therefore why the Hansell Memorandum was controversial.

Though the area is commonly described as “occupied,” Israel has long maintained that the territory is actually “disputed,” since Jordan had no sovereign right to the territory. If anything, Israel has a superior legal claim, resting on the Balfour Declaration on 1917 and the subsequent League of Nations approval of the British Mandate, which included provision for a Jewish National Home in Palestine.

Israel countered that the territory was not “occupied”; that Palestinians were not being expelled; and that Jews were entering voluntarily. breitbart


BBC Analysis,

Dismissing the international legal prohibitions on Jewish settlements undermines the legal framework for the peace process... It will almost certainly boost the movement to expand and annex the Jewish settlements. There has already been a sharp increase in settlement planning and construction since Mr Trump took office. Palestinians will be dismayed, although not surprised. Palestinian analysts I have spoken with say the growth of Jewish settlements has essentially killed the potential for a viable two-state solution.

In 1978, the Jimmy Carter administration concluded that the establishment of civilian settlements was inconsistent with international law. In 1981, President Ronald Reagan disagreed with that conclusion, saying he did not believe the settlements were inherently illegal. Since then, the US adopted a position of describing the settlements as "illegitimate" - though not "illegal" bbc


Thus the Trump Adminstration State Department move takes advantage of facts on the ground, that may be clearly seen even from England.


What few wish to admit is that if the two sides are made equal then none can win and there can be no peace. Peace is only ever achieved when one side wins clearly, with no hope of any gain by the other side. From the Bible we know that Jews will dwell on the Mountains of Israel in peace, in the last days:

No less than 4 times it is written,

After many days thou shalt be visited: in the latter years thou shalt come into the land that is brought back from the sword, and is gathered out of many people, against the mountains of Israel, which have been always waste: but it is brought forth out of the nations, and they shall dwell safely all of them. (Ezekiel 38:8)
And thou shalt say, I will go up to the land of unwalled villages; I will go to them that are at rest, that dwell safely, all of them dwelling without walls, and having neither bars nor gates, (Ezekiel 38:11)
Therefore, son of man, prophesy and say unto Gog, Thus saith the Lord GOD; In that day when my people of Israel dwelleth safely, shalt thou not know it? (Eze 38:14)
After that they have borne their shame, and all their trespasses whereby they have trespassed against me, when they dwelt safely in their land, and none made them afraid. (Ezekiel 39:26)

Looking today at Jews who do live on the Mountains of Israel – this has to be the most remarkable prophecy of all time. How in the world could there be safety there?


But this move will bring that safety, as the opposition to Jews living on their Holy Land is now divided, bankrupt and exhausted. There are now people in power who care for Jews safety.


In further analysis that points in the direction of prophecy, it was reported,

The United States has effectively backed Israel's right to build Jewish settlements.. reversing a formal legal position taken by the United States under Carter in 1978...The announcement marked the third major instance in which the Trump administration has sided with Israel and against stances taken by the Palestinians...Trump's move might have been designed to help Netanyahu as he struggles to stay in power. theaustralian.com


Pompeo said the State Department had been investigating all sides of the legal debate, which of course would have included the Herbert J. Hansell legal opinion of April 21, 1978. On 14 January 2019, the Jerusalem Post reported that the Zionist Organization of America (ZOA) had been working to have the question raised,

Some of the strongest language against settlements was under the Carter administration, but even Hansell’s opinion stopped short of declaring them illegal…

Israel’s former ambassador to the UN Dore Gold took issue with Hansell’s interpretation of Paragraph 6, as do a significant number of US jurists. They hold that Paragraph 6 is applicable only to situations of forced transfer and does not apply to the voluntary decision by Israelis to move across the Green Line. The strongest among such jurists was Eugene Rostow, a former dean of the Yale Law School, who was also undersecretary of state during the Johnson administration.

He once told The New York Times that Israel has an unassailable right to establish settlements.

Last year, MK Nissan Slomiansky wrote a letter to US Ambassador to Israel David Friedman asking for the Hansell opinion to be rescinded.

jpost.com


ZOA notes it was in Mid-2018 Nissan Slomiansky (Bay-it Yehudi), chair of the Knesset Law Committee, wrote a letter to U.S. Ambassador to Israel David Friedman, requesting help on revoking the 1978 Hansell Memorandum. He also reached out to ZOA Israel to assist in moving his initiative forward. Hansell believed his ruling was controversial, as it negated the opinion of American legal experts, such as Yale Law School Dean Eugene Rostow. zoa.org


Israel National News also reported of Slomiansky speaking about Hansell in 10 March 2019,

The author of the opinion himself admitted the opinion was "controversial", wrote Slomiansky in his appeal to American Ambassador David Friedman. However, contrary to the accepted practice, Slomiansky's letter is still waiting for an American reply.


It is curious that there was no reply. It as if Nissan Slomiansky had to wait for his answer from heaven. More to the point, considering the lobby power of CUFI, they added,

CUFI does not agree with the opinion offered by the Hansell memorandum and supports its revocation. israelnationalnews


From this we learn that the moves to re-examine the legal opinion began in Mid 2018, 40 years after the opinion which disregarded many facts, and overturned previous opinion was implemented in April 1978. They bore fruit. We may consider that it is not human timing but God's timing. Herbert Joseph Hansell died 23 May 2015. President Jimmy Carter is frail and recovering from an operation to relieve pressure on the brain.


The news was released generally on the 19 of November. On the 19 November 2003 the UN Security Council made s resolution 're-affirming' it's vision of a “Two State Solution” generally and specifically the “Quartet Performance-based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict”. un.org


Thus 16 years later the 'Quartet' no longer exists as Russia invaded the Crimea, breaking relations with the EU and the UN vision is acknowledged as dead even by the BBC. Sixteen speaks of double fullness. Sixteen is “One of two numbers that is written differently from the conventions of writing numbers in Hebrew in order to avoid writing the name of God” Wikipedia. America is re-defining the debate on Israel against the known position of EU and the UN. America has practical power in the Middle East, neither the EU or UN do. The only law that matters as Pompeo points out, is what occurs on the ground.

The hard truth is that there will never be a judicial resolution to the conflict, and arguments about who is right and who is wrong as a matter of international law will not bring peace. breitbart


The lot is cast into the lap; but the whole disposing thereof is of the LORD. (Proverbs 16:33)


The current opposition of notable Republicans in America to the United Nations, and United Nations policy, has an echo in Republican resistance to forming the League of Nations- exactly 100 years ago, on 19 November 2019. On that date the Versailles Treaty encapsulating Democratic President Woodrow Wilson's plans was finally rejected.

The closest the treaty came to passage was on 19 November 1919, as Lodge and his Republicans formed a coalition with the pro-Treaty Democrats, and were close to a two-thirds majority for a Treaty with reservations, but Wilson rejected this compromise and enough Democrats followed his lead to permanently end the chances for ratification. ..

Republican President Warren G. Harding continued American opposition to the formation of the League of Nations. Wikipedia


The UN, through the blatantly biased Human Rights Office, voiced it's opposition to America's stance, but it cannot appear anything but weak.jpost.com.

It is clear the UN can do nothing about it. America is on the Security Council.


Mike (Who is like El?) Pompeo's announcement marks an a few era ends. Sixteen (16) years of the international two state solution, 40 years of America leading opposition to Israel settlements and a return after 100 years to American Isolationism and rejection of a 'United Nations' body. It also falls into an era end of 2,300 years of the power of the Greco-Roman nations over the Holy Land, as shown to Daniel (Chapter 8) from 2017-2023. One may suspect that Trump will be re-elected to finish this work.


The new policy also widens the gap between America and the EU,

Pompeo issued his statement just one week after the Court of Justice of the European Union ruled that the word “settlement” must be placed on consumer labels for all Israelis products produced over the pre-1967 lines. If implemented, it is a move that is likely to create trade problems between the EU and the US. jpost.com


Caroline Glick also praised the timing of the announcement as “a ringing slap in the face to the European Union,” which uses the supposed illegality of the settlements as “justification for its hostile economic and political policies that discriminate against Israel.” worldisraelnews


At the point of writing, nobody from Britain has said anything, whereas despite the election the matter of Hong Kong and the EU has been raised.


As there is at this time no 'peace process' in Israel but the one led by Trump's American administration, which also co-ordinates with the Arabs, specifically those of Saudi Arabia. It is then of significant note that Reuters reported the very mild comment of the Arab League Secretary General that it was an “unfortunate change”, but that Saudi Arabia was entirely silent.

But in U.S.-allied Saudi Arabia, the state news agency did not mention the issue after a cabinet meeting, focusing on criticism of Israeli air raids in Gaza. nytimes


Ironically as Turkey has invaded Syria to international condemnation, is occupying it with the intent to keep that invaded territory a buffer and is transferring people from Turkey in violation of the very law Israel is supposedly transgressing.

Turkish Foreign Minister Mevlut Cavusoglu said on Twitter: “No country is above international law" and "fait accompli style declarations" had no validity. nytimes


It seems that Trump's team is approaching the whole as a Real Estate deal, offering 'a carrot and a warning' to the PA leadership that if they didn't seriously come to the table with Israel to establish peace, more and more would be taken from them to be permanently off the table, until they would. This is the Trump playbook. Pompeo was clear, “The United States encourages Israelis and Palestinians to resolve the status of Israeli settlements in the West Bank in any final status negotiations.” breitbart


However it is clear that the PA leadership's heart is hardened and instead they seek to gain some consensus at the UN, which is of no practical value except for releasing soothing statements, as America is on the Security Council and will veto. Thus it is likely that Israel will now annex the Jordan Valley and the PA and all others would sit with hardened obdurate hearts in the hope that Trump may be voted out in a year on the 3rd of November 2020. As no less than the Creator and Power of all powers predicted 'Safety' for Jews on the Mountains, and the time to 2023 is not up yet, it is likely to be a vain hope. On the day after Pompeo's announcement on the 18th on the 19th November

Netanyahu approves Jordan Valley annexation bill after U.S. changes policy

Approval of bill by Netanyahu comes following change in US stance regarding the legality of Israeli settlements in the West Bank.. Netanyahu called US Secretary of State Mike Pompeo’s decision “historic” during a visit the day after the announcement to the Gush Etzion region. jpost

The same article noted that

Russia’s Foreign Ministry condemned the change of policy in a statement on Tuesday, warning the move would escalate tensions in the region. Moscow’s stance is that such settlements on Palestinian territory are illegal under international law, it said. jpost.com


As the Russians have invaded Crimea resulting in an ongoing war, they have no moral leg to stand on. What the world will see is that this move will not escalate tensions. The Russian argument will be seen as false. At this time Israel is under rocket fire from both Gaza and Syria, with intermittent internal low level terrorist attacks incited by the PA. In what way can tensions be escalated? In any case before peace there is a war where one side wins… what if by the PA being obdurate Israel is given it all? Jonathan S Tobin of JNS explains why the new State Department legal ruling matters to facts on the ground.

the claim that they are illegal is at odds with the goal of a negotiated settlement..The Palestinians have never seriously negotiated with Israel about a peace deal on the West Bank. As long as the world considers the territories to be stolen property that must be returned to the Arabs—rather than disputed land whose fate must be arrived at by give and take by both sides—there’s nothing to negotiate. jns.org


As we would expect the great Creator and Maker of all Law loves law, and would ensure that His work with his people is lawful. Jonathan S Tobin explains,

The Geneva Convention against occupying powers moving its population into captured land doesn’t apply to Israelis in the West Bank because these territories have no legal owner. Israel seized these lands in a defensive war from Jordan, an illegal occupier. The 1922 League of Nations Mandate for Palestine specifically guaranteed the right of Jewish settlement throughout the country.

The (much later) U.N. ruling on settlements did not nullify Jewish rights there that are rooted in faith, history and international law. jns.org

Most nations are conquers and settlers of other's lands. Of all nations only Israel has 2 legal mandates: the Ancient Bible record, and the modern Balfour Declaration made International Law in 1922.


We know from prophecy that before Messiah returns, at some point, the Jews brought out of the nations, remarkably will live safely! We know this most remarkable thing must happen, as it is written Gog comes “against the mountains of Israel, which have been always waste: but it is brought forth out of the nations, and they shall dwell safely all of them.”


How? We wait and see. We are in the age of Miracles…



God that made the world and all things therein, seeing that he is Lord of heaven and earth, dwelleth not in temples made with hands; Neither is worshipped with men's hands, as though he needed any thing, seeing he giveth to all life, and breath, and all things; And hath made of one blood all nations of men for to dwell on all the face of the earth, and hath determined the times before appointed, and the bounds of their habitation; (Acts 17:24-26)


In the age of miracles recently on the 13 of November Jews were told at the sound of the siren (trumpet) to prostrate themselves on the Temple mount.

Avraham Bloch, a Temple Mount activist, was on the Temple Mount on Tuesday when one of the Jews in his group asked the police escort what they should do in the case of a rocket attack.

The policeman responded, “Drop to the ground and put your hands over your head.” The religious Jews in the group were surprised at the instructions since it is currently forbidden for Jews to lie on the ground on the Temple Mount and Jews who do so are forcibly removed from the site. breakingisraelnewsprophecy-temple-mount/


It shall come to pass in that day, that the great trumpet shall be blown, and they shall come which were ready to perish in the land of Assyria, and the outcasts in the land of Egypt, and shall worship (Hebrew: prostrate themselves to) the LORD in the holy mount at Jerusalem. (Isaiah 27:13)
Blow ye the trumpet in Zion, and sound an alarm in my holy mountain: let all the inhabitants of the land tremble: for the day of the LORD cometh, for it is nigh at hand; (Joel 2:1)
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The American UN is told there is woe to it, As America overshadows with wings the Middle East,

Woe to the land shadowing with wings, which is beyond the rivers of Ethiopia: That sendeth ambassadors by the sea, even in vessels of reeds upon the waters (Thor Heyerdahl in UN flagged reed boats), saying, Go, ye swift messengers, to a nation scattered and peeled, to a people terrible from their beginning hitherto; a nation meted out and trodden down, whose land the rivers have spoiled! All ye inhabitants of the world, and dwellers on the earth, see ye, when he lifteth up an ensign on the mountains; and when he bloweth a trumpet, hear ye. (Isaiah 18:1-3)


For more UN resolution 2334

and Palestine: Whose land is it?


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