Eugene Kontorovich on America and the Settlements

On November 18, 2019, Secretary of State Mike Pompeo made a momentous announcement: The United States does not consider Israeli settlements in Judea and Samaria—the West Bank—illegal or illegitimate. The conventional wisdom, of course, is that Israeli building in the territories it captured in 1967 is a violation of international law. But after a process of many months, the Trump State Department has decided to return to an understanding of the Geneva Convention once embraced by the Reagan Administration, and to recognize that the status of Israeli building in Judea and Samaria is a political and diplomatic question, not a legal one.

In this podcast, Tikvah’s Jonathan Silver is joined by one of the world’s foremost scholars on Israel and international law. Eugene Kontorovich is a professor at the Antonin Scalia Law School at George Mason University, a director at the Kohelet Policy Forum, and author of of “Pompeo Busts the ‘Occupation’ Myth,” published in the Wall Street Journal on November 9, 2019. In this conversation, he makes the case for the legality of Israeli settlements and explains how an erroneous and hypocritical interpretation of international law became the conventional wisdom about the Israeli-Palestinian conflict.

Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble, as well as the original Broadway cast recording of Fiddler on the Roof and “Above the Ocean” by Evan MacDonald.