EconTalk Is Israel Occupying the West Bank? (with Eugene Kontorovich)
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Jul 1, 2024 
Eugene Kontorovich, a constitutional and international law expert at George Mason University, dismantles the idea that Israel is an occupying force in the West Bank by asserting that legal claims negate the notion of occupation. He discusses the intricate legal landscape since the Oslo Accords and analyzes the implications of Israel's potential annexation of the West Bank. With a focus on the moral dilemmas and the historical complexities surrounding territorial disputes, Kontorovich explores legal rights, governance models, and the challenges of Palestinian self-determination.
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Defining Occupation
- Occupation is a technical term in international law, specifically within the laws of war.
- It requires an international armed conflict where one country takes administrative control of another's territory.
Examples of Non-Occupation
- Ukraine retaking Crimea wouldn't be considered an occupation, even though Russia held it for a long time.
- Morocco's presence in Western Sahara isn't universally called an occupation because Western Sahara wasn't a country.
Irrelevance of 1947 Partition Plan
- The 1947 UN Partition Plan is legally irrelevant because the UN General Assembly lacks the authority to create countries.
- The UNGA can only make recommendations, and the partition plan was a recommendation to Britain.