Israel’s Annexation of East Jerusalem

The Israel-Palestine conflict began with the inception of Israel in 1948 and continues till date upon various levels. Palestine is a small region that plays a key role in Middle East’s history. It has been under several conflicts and violent land occupiers due to its geographic location. The area has been occupied and annexed by several countries, including Egypt, Jordan, Israel, and Syria. Israel annexed the Golan Heights in 1981 and the West Bank in 1967. In 1981, Israel declared the Golan Heights as its territory and extended its control over it. In 1967, Israel occupied the West Bank and East Jerusalem. The Palestinians in these regions are under military rule of Israel. In 1993, Israel and Palestine Liberation Organization (PLO) signed an agreement known as the Oslo Accords. However, it did not specify which parts would be evacuated by Israel and which parts would remain under its control. The agreement was expected to lead to an independent state of Palestine but never materialized due to various reasons. After the collapse of Oslo Accords, Israel began building Jewish settlements in the West Bank and Gaza Strip. The settlements are considered illegal according to international law because they are built on occupied land. The settlements have created problems for the Palestinians living in these regions because they are surrounded by these settlements. The expansion of settlements has reduced more Palestinian land that could have been used for constructing settlements for Palestinians. The settlements have also made it hard for Palestinians to reach their agricultural land because they are usually located next to these settlements. Objective of this research is too understand the distribution of land after Arab-Israel war, to analyze what is going on in Israel and Palestine, to learn about Israel’s annexation and to highlight the annexation’s effect on Palestine. This research is followed by the theory of hegemonic stability. The attempt of Israel to dominate the Middle East will increase its influence to survive as sole regional hegemone in the international system. John Mearsheimer is one of the leading proponents, keeping in view the atrocities of Israel it is considered as a threat.  As many theorist argue that capabilities explain why states and nations act in a certain way. Powerful states act in a certain way to posses more power and create the situation of hegemony, and weak states don’t do that because they cannot. The research methodology is the process used to collect the data to be analyzed. It involves the process of data collection and the analysis of the gathered data. The data was collected by the researcher through written sources including books, journals, articles, newspaper reports, website articles and reports. The data was collected from the library of university and from the internet. The researcher made use of the internet by carrying out a background search of the internet, visiting WebPages of International NGOs, reading newspaper, analyzing WebPages of Middle Eastern newspapers and news agencies using the keywords annexation, Jerusalem and Palestine.

Background

  • Zionism and Early Jewish Immigration to Israel, 1900-1917


The war dates back to the early 1900s, when the predominantly Arab and Muslim territory was part of the Ottoman Empire and, beginning in 1917, a British’ mandate. 

Hundreds of thousands of Jews were migrating to the area as part of a Zionist movement among largely European Jews seeking to escape persecution and build a state in their ancestral homeland (Subsequently, vast numbers of Middle Eastern Jews moved to Israel, either to escape anti-Semitic violence or to avoid being forced evicted.) In British Palestine, communal violence between Jews and Arabs began to spiral out of control.

  • After the Nazis took power in Germany, there was a wave of Jewish immigration to Palestine from 1933 to 1936.

When the Nazis came to power in 1933, a tremendous refugee crisis erupted as German Jews sought a safe haven from persecution. Between 1933 and 1936, more Jews immigrated to Palestine from Germany than from any other country. Around 154,300 Jews (including 34,700 from Germany) had entered Palestine lawfully and thousands more had come illegally, bringing the Jewish population in Palestine from nearly 17% in 1931 to nearly 30% in 1935.

  • World War II and Jewish Resistance to the British Mandate, 1939-1945

At the onset of World War II, a huge number of Palestinians and Zionists joined to assist the British in their hour of need. But they both had their longterm goals in mind: they both saw British imperialism as the long-term adversary of freedom.

Attacks against British troops and police, raids on British armaments and supply dumps, and bombings of British installations had become routine by 1944, and military training camps were established in several kibbutzim to build an army to fight the British.

  • The British Government refers the question of Palestine’s future to the United Nations on February 14, 1947.

    Unable to reconcile its conflicting duties to Jews and Arabs, the United Kingdom proposed that the United Nations take up the Palestine issue in 1947. A General Assembly resolution established the United Nations Special Committee on Palestine (UNSCOP) in May. The goal of UNSCOP was to look into the situation in Palestine and make such ideas as it may judge appropriate for the solution of the Palestinian problem.

The Israeli annexation of East Jerusalem was the result of this conflict. The Israeli annexation of East Jerusalem is the major point of conflict between Israel and Palestine. The annexation was declared in 1980 and was carried out by the Knesset in July 1980. The annexation of East Jerusalem was carried out after Israel captured the territory in the Six-Day War of 1967. The annexation was made in order to unify the West and East Jerusalem and to ensure that the West Bank and Gaza Strip remained part of Israel. The annexation was declared by the Israeli Knesset in 1980 and was made effective from that year. The annexation is an illegal action and has been criticized by many nations. The United Nations Security Council passed a resolution in August 1980 condemning Israel for the annexation. This resolution was non-binding and was not enforced. The United States and the European Union also condemned the annexation. The UN General Assembly adopted several resolutions condemning Israel for its annexation of East Jerusalem. The UN Security Council passed a resolution in 1980 which condemned the annexation and declared it to be null and void. The United Nations Human Rights Council and the Committee on the Exercise of the Inalienable Rights of the Palestinian People have also condemned the annexation. The United States and the European Union have publicly condemned the annexation. Israel has also been condemned by the international community for the annexation of East Jerusalem.

Illegal Annexation of East Jerusalem

The annexation has been criticized by many authors and the criticism has been based on various reasons. The international community and the United Nations have declared the annexation to be illegal and a violation of international law. The United Nations has condemned the annexation. The Israeli annexation of East Jerusalem has turned the status of the city into an international issue.

Negative impact of Annexation on Palestinians:

Palestinians strongly condemn the illegal annexation because it kills their hopes for a viable Palestinian state with territorial contiguity. The United Nations has been criticized for its inability to stop the annexation. It undermines the Palestinian peoples of their right to self-determination.

Status of East Jerusalem according to international law

Therefore, according to Israeli domestic law, not only does Israeli law apply to the territory of East Jerusalem, but Israel also considers East Jerusalem to be an integral part of its territory. The territory of a state or its sovereign, on the other hand, is indeed an issue to be decided by international law rather than domestic law. As a result, it is critical to investigate how international law views Israel’s passage of legislation pertaining to east Jerusalem.

The Occupation Law

The West Bank, including East Jerusalem, came under Israeli occupation following the 1967 War, as previously stated. As a result, Israel’s conduct in this land should be reviewed first and foremost in light of the principles of international humanitarian law, which deals primarily with periods of armed conflict and includes a set of standards relevant to the situation of occupation.

Restrictions to changes to local laws and introducing new legislation

“The Authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all measures in his power to restore and ensure, as far as possible, public order,” according to Article 43 of the Hague Regulations, which established the basic tenets of the role of the occupying power in administering an occupied territory, including the temporary nature of occupation.

As a result, Article 43 does not provide the occupying power sovereign powers; rather, it limits the occupying power’s right to protect public order and civic life “while respecting, unless absolutely prohibited, the laws in force in the nation.” The occupying power may not enact its own legislation or operate as a sovereign legislator in the occupied territory. It must, as a matter of principle, follow the laws that were in effect in the occupied region when the occupation began. Article 43 is a one-of-a-kind limitation clause whose purpose is to restrain the occupying authority rather than grant it benefits.

Palestine’s stance

Israeli lawmakers are adopting hawkish positions in the aftermath of the March 23 Israeli elections, which have yet to produce a new coalition government. Prime Minister Benjamin Netanyahu, Defence Minister Benny Gantz, and their main rivals, Yair Lapid and Naftali Bennett, have all stated their desire to strike a major blow to Hamas. “Hamas and Islamic Jihad have paid and will pay a very heavy price for their aggression,” Netanyahu declared on May 11th. “Their blood is on their heads,” I declare this evening.

Israel benefits from the ability to conflate the Palestinian liberation struggle with Hamas’ Islamist ideology and indiscriminate rocket fire at residential areas. It can use the latter in particular to justify responding with even greater force, highlighting the severe power imbalance between the two sides, and avoiding responsibility for its own attacks that kill civilians by claiming that Hamas, a designated “terrorist” organisation, is using Gaza residents as “human shields” for its military facilities.

International response

Consistent with the preceding analysis, it is not surprising that the Security Council and the General Assembly have repeatedly condemned Israel’s unilateral annexation of East Jerusalem, as well as the legality of the normative steps Israel has taken to assert its sovereignty over East Jerusalem. In a long series of pointed decisions, these international institutions have repeatedly emphasised that Israel’s practical and normative steps in annexing East Jerusalem violate international law. The Security Council declared in Resolution 252 (1968) that “all legislative and administrative measures and actions taken by Israel, the occupying Power, which tend to change the legal status of Jerusalem are invalid and cannot change that status.” In Resolution 478 (1980), the Council condemned “in the strongest terms” the passage of the Basic Law: Jerusalem, Capital of Israel, and declared that any measures attempting to change the status of Jerusalem are “null and void.”

Except for Israel, all of the world’s states agree on the UN bodies’ stance. None of the countries with ambassadorial relations with Israel recognise the annexation, as evidenced by the fact that their embassies are located in Tel Aviv rather than Jerusalem. Furthermore, Western countries considered friendly to Israel, including the United States, the United Kingdom, France, Germany, Belgium, Italy, the Netherlands, Canada, and Japan, have all stated their refusal to recognise the legality of Israel’s annexation of East Jerusalem.

The International Court of Justice (ICJ) stated in its 2004 Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory that Israel’s unilateral annexation of East Jerusalem is not lawful under international law. It’s worth noting that the ICJ didn’t look at the legal status of East Jerusalem in particular; rather, the subject of the legitimacy of the Wall’s construction and its consequences was addressed. However, the International Court of Justice (ICJ) had to assess the legal status of the West Bank, including East Jerusalem, in order to answer these questions.

Future of the conflict

While the United Nations and Europeans can also play important roles, only the United States, Israel’s primary supporter, can make a significant difference in Israel’s calculations today. Israel will want to be able to tell its citizens that it has paid the appropriate price for Hamas’ rocket barrage that it has, in the words of its security establishment, “restored deterrence.” However, with the Security Council meeting on May 16, the White House’s diplomatic considerations could shift. Domestic considerations may also be a factor. The longer the fighting in Israel-Palestine continues, the greater the risk of spill over into domestic American politics.

There is a new variable at work in this escalation: Palestinian-Israeli violence on Israeli streets. It is unclear whether a cease-fire with Gaza would put an end to all of this bloodshed. However, continuing to bombard the coastal strip will almost certainly feed the country’s internal convulsions. Israel must choose between a faster ceasefire and a faster unravelling of its social fabric.

In a broader context, Israel, regardless of source, should denounce violence and incendiary hatred speech and impartial justice to all. Israeli officials bear a special responsibility to combat ethnic hatred emanating from the Jewish far right and to ensure that Palestinian citizens are protected from both police and civilian violence in the same manner as Jewish citizens. The Israeli leaders have a parallel duty within their own communities. Many people around the world, particularly in the United States and Europe, have been taken aback by images of Jewish mob violence, but the sentiments they represent did not emerge overnight. They were cultivated and supported at the highest state levels for a long time. Camping ethnic incitement is a matter for the Jewish majority to preserve themselves, since the alternative is already in the horizon, which is an escalation in civil struggle.

Reason of the conflict

Reasons on which the Israel-Palestine conflict is largely due to

  • Security,
  • Borders,
  • Water rights,
  • Control of Jerusalem, 
  • Israeli settlements, 
  • Palestinian freedom of movement,
  • Palestinian right of return.

Recommendation

  • Despite tremendous effort exerted since the 1991 Madrid Peace Conference to resolve the Israeli-Palestinian conflict through a two-state solution, peace has been elusive. Today, there is a growing feeling among Palestinians, Israelis and the international community that the two-state paradigm may no longer be viable.
  • A commitment by Israel to end settlement expansion beyond the wall
  • Easing restrictions on Gaza
  • Redesigning parts of the West Bank currently falling under full Israeli administration as areas that fall under partial or full Palestinian administration
  • Removing impediments to Palestinian economic development
  • Ending home demolitions and other forms of collective punishment
  • Removing impediments to Palestinian elections in East Jerusalem, the West Bank and Gaza
  • Alleviating restrictions on movement and access
  • Gradually releasing Palestinian prisoners
  • Allowing the reopening of Palestinian institutions, such as the Orient House, in East Jerusalem.

Conclusion:

The Israeli-Palestinian conflict is a long lasting one that started in the year 1947-1949. The conflict originated from the Israeli-Palestinian war in the year 1947-1949. During this war, Israelis drove out the Palestinians from their homes and took over their land. Israel has expanded its boundaries by annexing the Palestinian territories. The annexation of Palestinian land by Israel is a contentious issue. This annexation has been a reason for the prolongation of the conflict. It has been a reason for the loss of lives and properties. It has also been a reason for the suffering of the Palestinians.

Asifa Fida
Asifa Fida
BS hons in strategic studies