International law expert Eugene Kontorovich discusses the legal issues of Israel's occupation of the West Bank, sovereignty, and the Oslo Accords. The conversation also touches on the UN Partition Plan, determining borders in new countries, complexities of the Israeli-Palestinian conflict, potential annexation of the West Bank, and Israel's security challenges.
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Quick takeaways
Occupation hinges on legal sovereignty, not all territorial changes are occupations.
Two-state solution faces hurdles due to rejection, security concerns, and governance complexities.
Diverse legal regimes in the West Bank lead to complex governance, security challenges, and ongoing conflicts.
Deep dives
Occupation Under International Law
Under international law, occupation is defined as one country administering and replacing the local government of another country's territory after taking control during a war. Not every territorial change between countries constitutes an occupation, as seen with examples like Ukraine retaking Crimea or Morocco's actions in Western Sahara. The argument that Israel is occupying the West Bank stems from the takeover from Jordan in 1967, with legal complexities surrounding sovereignty and peace treaties.
Challenges of a Two-State Solution
Efforts towards a two-state solution face considerable challenges, as revealed preferences suggest both Israelis and Palestinians have not fully embraced available alternatives. The rejection of past peace deals and ongoing conflicts point towards a reluctance to adopt a two-state solution. The complexities of security, sovereignty, and the international community's involvement add layers of difficulty to achieving lasting peace.
Citizenship Rights and Security Measures
The disparities in legal regimes in the West Bank, characterized by areas A, B, and C, highlight the complex governance structure. Palestinians residing in area A and B have exclusive civil jurisdiction under the Palestinian Authority, with security control in area A. Israel retains military and civil control in area C, which includes Jewish settlements. Security measures, such as checkpoints and military operations, are implemented in response to security threats, impacting daily life and citizenship rights.
Violent Conflicts and Settler Activities
Violent conflicts, including settler violence and Palestinian attacks, present ongoing challenges in the region. Concerns about settler violence are debated, with differing perspectives on the extent and reporting of such incidents. Administrative detentions, Israeli responses to attacks, and allegations of provocations underscore the complex dynamics of violence and security operations.
Long-Term Perspectives and Regional Dynamics
Long-term prospects for peace in the region face significant obstacles, including escalating conflicts and international pressures. The mowing-the-lawn strategy, derived from Gaza's context, highlights the challenges of maintaining security and dealing with recurrent hostilities. The division between Gaza and the West Bank, differing governance models, and the influence of external actors underscore the complexity of pursuing lasting peace and security in the region.
To international law expert Eugene Kontorovich of George Mason University, all the arguments that make Israel out to be an occupying force collapse under the weight of a single, simple fact: A country cannot occupy territory to which it has a legal claim. Listen as Kontorovich speaks with EconTalk's Russ Roberts about the legal issues surrounding occupation as well as the moral issues of Israel's treatment of the Palestinians. They also discuss the crazy-quilt legal environment of jurisdiction in the West Bank in the aftermath of the Oslo Accords of 1993. Finally, they explore the likely outcomes of current proposals for a Palestinian state in the West Bank.
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