The possible extension of Israeli sovereignty (widely yet inaccurately described as “annexation”) to parts of the West Bank (or Judea & Samaria in Hebrew) raises two distinct questions on such a move: a) Would it be productive? b) Would it be legal? To most if not all European leaders, the answer to both questions is no. They should rethink their approach to the (currently unlikely) prospect of Israeli annexation. Here is why.
The two-state solution shall remain a myth so long as the Palestinians and their supporters insist on the above chimeras. Most Israelis, however, would agree to a two-state solution based on the following principles: a demilitarized Palestinian state; Israeli sovereignty over the Jordan valley and the settlement blocs; a united Jerusalem without some of the city’s Arab neighbourhoods; the integration of Palestinian refugees in their own state. Those were the parameters spelled-out by Yitzhak Rabin shortly before his assassination in November 1995. And those are the parameters of President Trump’s “deal of the century.”
The Palestinians admittedly reject those parameters. Yet they also rejected parameters that would have granted them a state over nearly the entire West Bank (after land swaps) and the Gaza Strip: those of President Clinton in December 2000; those of Prime Minister Olmert in September 2008; and those of Secretary of State Kerry in February 2014. Palestinian rejectionism was encouraged by a negotiating strategy that had so far worked for them: say no and expect a better offer. So long as the Palestinians felt that time was on their side, they had no incentive to compromise. By ending this cycle, President Trump has lifted an obstacle to a realistic two-state solution.
By annexing the settlement blocs and the Jordan valley, and by freezing construction in the areas designated to a Palestinian state, Israel shall set the conditions for a two-state solution acceptable to most Israelis. It will then be for the Palestinians to decide whether they prefer the status quo or a demilitarized state that shall not pay life salaries to the families of terrorists and that shall not educate its children in the hatred of Jews.
Partial annexation would be consistent with international law because the West Bank was not a sovereign territory before its conquest by Israel in 1967. When Britain ended is mandate in May 1948 it created a legal void that was filled by Israel, Egypt and Jordan following the 1949 armistice agreements. Jordan conquered part of the former British mandate in 1948 and annexed it in 1950. This annexation was never recognized by the international community (except for Britain and Pakistan), and therefore the West Bank (it was called “Cis-Jordan” then and is still called “Cisjordanie” in French) did not become a sovereign territory.
Moreover, Jordan conquered this territory in a war of aggression in 1948, while Israel conquered it in self-defence in 1967. This territory was part of the mandate which the League of Nations had designated for Jewish self-determination in 1922. The 1949 armistice agreements did not establish a border but a temporary ceasefire line. UN Security Council 242 does not require an Israeli withdrawal to that line, and resolution 2334 allows for mutually agreed border adjustments.
The Trump plan includes land swaps of similar sizes between Israel and a Palestinian state, as well as territorial continuity between the West Bank and the Gaza Strip. Even by annexing 30% of the West Bank (the maximum allowed by the Trump plan), Israel would only add a small Arab population to its sovereign territory. That population would be given access to Israeli citizenship, like the rest of Israel’s two-million Arabs who are represented in parliament, in the supreme court, and in the civil service.
The European Union (EU) has imposed sanctions on Russia after its annexation of Crimea, but Crimea was part of a sovereign country unlike the West Bank. And the EU can hardly evoke the principle of consistency since it does not impose sanctions on Turkey for its occupation of an EU member (Cyprus). As for those who say they oppose unilateral moves as a matter of principle, it is for them to explain why they supported Israel’s unilateral withdrawal from Gaza in 2005.
Those in Europe who threaten Israel with sanctions in case of a partial annexation seem not to realize that Israelis, having paid in the past the intolerable price of their naïveté, are now willing to pay the tolerable price of their realism. As Golda Meir used to quip: “We prefer your condemnations to your condolences.”
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