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Israel, the Conflict and Peace:
Answers to Frequently Asked Questions
Index / Introduction / Conflict / Peace /
Delegitimization and Anti-semitism / Basic Issues / Appendix
What is Zionism?Zionism is the movement for the of the Jewish people's self determination in their homeland and the resumption of Jewish sovereignty in the Land of Israel.
In 70 CE, the Romans destroyed the Jewish people's holy Temple and razed the city of Jerusalem, the religious and administrative capital of the Jewish people. Jewish independence came to an end, and in the decades that followed, most of the Jews in the Land of Israel were exiled. They never stopped hoping to return home, and expressed these yearnings in prayer and literature. At the end of the annual Passover meal, Jews all over the world repeat the vow "Next year in Jerusalem," and at Jewish weddings the groom recites "If I forget you, Jerusalem, may my right hand forget its cunning" (Psalm 137).
The Jewish connection with the Land of Israel is not manifested in prayer alone. In fact, throughout history, there has always been a Jewish presence in the Land of Israel.
©Israel Government Press Office
David Ben-Gurion declares Israel's Independence (14 May 1948). Above him is a photo of Theodore Herzl.In the late nineteenth century, as national movements took shape in Europe and as antisemitism on that continent grew, an Austrian Jewish journalist, Theodor Herzl, began to organize the national movement of the Jewish people - the Zionist movement. The goal of this movement was a political solution: an independent state for the Jewish people. The most natural place for this state was Zion, or the Land of Israel (Eretz Israel), the homeland of the Jewish people.
Herzl elaborated this vision in his book The Jewish State. He envisioned a developed, thriving country in which all inhabitants, Jews and non-Jews, would live in peace and tranquility. This vision and its fulfillment are Zionism.
Zionism - an Introduction
Why is Israel a Jewish state?
The State of Israel is a Jewish state, first and foremost, in view of the right of the Jewish people to an independent state of their own, and by reason of the historic and biblical connection between the Jewish people and the Land of Israel (Eretz Israel). There is no other land in which the Jewish people can lay claim to their own independent sovereign state.
Although for 2000 years, the Jewish people yearned and prayed for the day when they could reestablish their own national home, this right could be fulfilled only following the modern national reawakening of the Jewish people towards the end of the nineteenth century. This reawakening led to the establishment of the Zionist movement and received important initial recognition in the Balfour Declaration of 1917 which stated that the British Government viewed "with favour the establishment in Palestine of a national home for the Jewish people." That recognition was later officially endorsed by the League of Nations in 1922.
On 29 November 1947, the UN General Assembly passed Resolution 181 calling for the termination of the British Mandate in Palestine, and the creation of a Jewish state and an Arab state in that territory. The Arab countries rejected the UN decision and started a war, while the Jewish people celebrated this landmark resolution. On 14 May 1948, David Ben Gurion declared the "establishment of a Jewish State in Eretz Israel, to be known as the State of Israel." In this way, the Jewish people exercised their right to self-determination in their own land.
©Israel GPO / Nathan Alpert
©J.Malcolm
Immigrants arriving in Israel from Ethiopia and from the former Soviet UnionIsrael was founded to provide a much-needed homeland for the Jewish people, who had been persecuted in other lands over the ages. The Declaration of Independence states explicitly that the "State of Israel will be open for Jewish immigration and for the Ingathering of the Exiles." The Law of Return (enacted in 1950) implements this principle, establishing the right of every Jew to settle in Israel and providing a refuge for any Jew fleeing persecution. Therefore, every Jew is entitled to return to his or her historical homeland and be naturalized in it.
The Law of Return is not discriminatory. It does not prevent persons of non-Jewish origin from being naturalized in Israel; this possibility is available under other laws.
In accordance with its Declaration of Independence, the State of Israel was founded as a democratic state based upon the principles of the separation of powers, freedom, and complete equality before the law for all its inhabitants irrespective of religion, race, gender or nationality. These principles apply today.
There is a large Arab minority in the State of Israel constituting 19 per cent of its population. The Arab population of the State of Israel enjoys full civil and political rights, including freedom of expression, religion and worship. They vote in Israel's elections and Arab representatives are elected to Israel's parliament. Israeli Arabs serve as judges, mayors, and civil servants. In addition to Hebrew, Arabic is an official language of the state.
What is the status of Jerusalem?Jerusalem is a holy city for the three monotheistic faiths: Judaism, Christianity and Islam. It is the religious status of Jerusalem which endows such great significance to this city and all that happens within it. Israel recognizes and guarantees the rights of all worshippers and their holy shrines in the city, and, indeed, in the country as a whole. At the same time, Jerusalem is the capital of the State of Israel.
Jerusalem has a very special significance for the Jewish people. It served as the historic capital of the Jewish people, since King David made it the capital in 1004 B.C.E. Jerusalem remained the capital until its destruction at the hands of the Romans in 70 CE and the loss of Jewish independence.
Jerusalem is the "heart and soul" of the Jewish people's spiritual identity and national yearnings. On every occasion that the Jews have been an independent people in the Land of Israel, Jerusalem has been their capital. Throughout the centuries, no other nation, other than the Jewish people, made Jerusalem its capital. While important to other faiths, Jerusalem is at the center of the Jewish religion.
Jewish independence was renewed in 1948, with the establishment of the State of Israel. Shortly thereafter, the Knesset (Israel's parliament) determined that Jerusalem would be the capital of the State of Israel. Following this decision, the government institutions were located in Jerusalem, including the President's Residence, the Government ministries, the Knesset and the Supreme Court. In 1980, the Knesset legislated the
Basic Law: Jerusalem, Capital of Israel, which enshrined its decision in law.
Most states have not respected Israel's sovereign right to determine its own capital city, and have refused to recognize Jerusalem as the capital of Israel. The reasons for this are essentially political, and are contrary to principles of international law. Israel should enjoy the same basic right as any other country in determining the choice of its capital city, and it has exercised this right in deciding that Jerusalem is the capital city of Israel.
Jerusalem, Capital of Israel
What is the status of the territories?
Control over the West Bank and Gaza passed to Israel in 1967 in a war of self-defense. For nearly a quarter of a century afterwards, the Palestinians rejected every Israeli overture, missing opportunity after opportunity to peacefully resolve the dispute through negotiation. Yet as long as the future status of the West Bank and Gaza is subject to negotiation, Israel's claim to these disputed territories is no less valid than that of the Palestinians.
Jewish communities in the Land of Israel from ancient to modern timesIsrael's current presence in the West Bank and Gaza Strip dates back to 1967 and the Six Day War. However, these territories had formed the cradle of Jewish civilization during biblical times and Jewish communities existed there over thousands of years. Modern-day Israel has deep ties to the many historical sites located in the West Bank and Gaza Strip. Yet Israel's claim to these territories is based not only on its ancient ties, religious beliefs and security needs; it is also firmly grounded in international law and custom.
It is important to remember that Israel's control of the territories began as a result of a war of self-defense, fought after Israel's very existence was threatened. It has continued due to the intransigence of Israel's Arab neighbors, who steadfastly rejected Israel's many offers of peace, including its post-Six Day War message that it would exchange most of the territory in return for peace. In 1979 Egypt and in 1994 Jordan finally signed peace treaties with Israel. But the Palestinians have yet to do so.
It has been asserted that Israel's continued presence in the territories violates UN Security Council Resolution 242 of 1967, one of the cornerstones of the peace process. This allegation ignores both the language and the original intent of 242. The framers of this resolution realized that the pre-1967 borders were indefensible, and deliberately chose to use the term withdrawal "from territories" (and not "from all the territories" as the Palestinians claim) in order to indicate the need for changing any future borders.
Moreover, Resolution 242 (and Resolution 338 of 1973) places obligations on both sides. The Arab regimes cannot demand that Israel unilaterally withdraw while they ignore their own responsibilities and the need for negotiations. They deliberately overlook the fact that 242 calls for the "termination of all claims or states of belligerency" and the "right to live in peace within secure and recognized boundaries free from threats or acts of force."
Israel's presence in the territories is often incorrectly referred to as an "occupation." However, under international law, occupation occurs in territories that have been taken from a recognized sovereign. The Jordanian rule over the West Bank and the Egyptian rule over the Gaza Strip during the years 1948-1967 resulted from a war of aggression aimed at destroying the newly established Jewish State. Their attacks plainly violated UN General Assembly Resolution 181 (also known as the Partition Plan). Accordingly, the Egyptian and Jordanian seizures of the territories were never recognized by the international community. As neither territory had a prior legitimate sovereign, under international law these areas cannot be considered as occupied and their most accurate description would be that of disputed territories.
Palestinian spokespersons not only claim that the territory is occupied, they also allege that occupation is - by definition - illegal. However, international law does not prohibit situations of occupation. Rather, it attempts to regulate such situations with international agreements and conventions. Therefore, claims that the so-called Israeli "occupation" is illegal - without regard either to its cause or the factors that have led to its continuation - are baseless allegations without foundation in international law.
Palestinian efforts to present Israel's presence in the West Bank and Gaza Strip as the primary cause of the conflict ignore history. Palestinian terrorism predates Israel's control of the territories (and even the existence of the State of Israel itself). The Palestinian Liberation Organization (PLO) was founded in 1964, three years before Israel's presence in the territories began. Moreover, Palestinian terrorism has often peaked during those periods when a negotiated settlement was closest at hand, whether at the height of the Oslo process in the mid-1990s or after Israel's unprecedented peace proposals at Camp David and Taba in 2000.
The West Bank and Gaza Strip are best regarded as disputed territory over which there are competing claims that should be resolved in peace talks. The final status of these disputed territories can only be determined through negotiations between the parties. Attempts to force a solution through terrorism are ethically indefensible and only serve to encourage further violence and terrorism.
Which came first - Terrorism or "Occupation"?
Are the Israeli settlements legal?
Israeli settlements in the West Bank and Gaza Strip are legal both under international law and the agreements between Israel and the Palestinians. Claims to the contrary are mere attempts to distort the law for political purposes. Yet whatever the status of the settlements, their existence should never be used to justify terrorism.
The Palestinians often claim that settlement activity is illegal and call on Israel to dismantle every settlement. In effect, they are demanding that every Jew leave the West Bank and Gaza. By contrast, within Israel, Arabs and Jews live side-by-side; indeed, Israeli Arabs, who account for 19% of Israel's population, are citizens of Israel with equal rights.
The Palestinian call to remove all Jewish presence from the disputed territories is not only discriminatory and morally reprehensible; it has no basis either in law or in the agreements between Israel and the Palestinians.
The various agreements reached between Israel and the Palestinians since 1993 contain no prohibition whatsoever on the building or expansion of settlements. On the contrary, they specifically provide that the issue of settlements is reserved for permanent status negotiations, which are to take place in the concluding stage of the peace talks. The parties expressly agreed that the Palestinian Authority has no jurisdiction or control over settlements or Israelis, pending the conclusion of a permanent status agreement.
It has been charged that the provision contained in the Israel-Palestinian Interim Agreement prohibiting unilateral steps that alter the status of the West Bank and Gaza Strip implies a ban on settlement activity. This position is disingenuous. The prohibition on unilateral measures was designed to ensure that neither side take steps that would change the legal status of this territory (such as by annexation or a unilateral declaration of statehood), pending the outcome of permanent status negotiations. The building of homes has no effect on the final permanent status of the area as a whole. Were this prohibition to be applied to building, it would lead to the unreasonable interpretation that neither side is permitted to build houses to accommodate the needs of their respective communities.
As the Israeli claim to these territories is legally valid, it is just as legitimate for Israelis to build their communities as it is for the Palestinians to build theirs. Yet in the spirit of compromise, successive Israeli governments have indicated their willingness to negotiate the issue and have adopted a voluntary freeze on the building of new settlements as a confidence-building measure. The present government of Prime Minister Ariel Sharon has officially declared that it will not establish any new settlements, while remaining committed to providing for ongoing needs in the development of existing settlements (Article 2.11, Basic Guidelines of the 30th Government of Israel, February 2003).
Furthermore, Israel has established its settlements in the West Bank and Gaza Strip in accordance with international law. Attempts have been made to claim that the settlements violate Article 49 of the Fourth Geneva Convention of 1949, which forbids a state from deporting or transferring "parts of its own civilian population into the territory it occupies." However, this allegation has no validity in law.
Although Israel has voluntarily taken upon itself the obligation to uphold the humanitarian provisions of the Fourth Geneva Convention, Israel maintains that the Convention (which deals with occupied territories) is not applicable to the West Bank and Gaza Strip. As there was no internationally recognized legal sovereign in either territory prior to the 1967 Six Day War, they cannot be considered to have become "occupied territory" when control passed into the hands of Israel.
Yet even if the Fourth Geneva Convention were to apply to the territories, Article 49 would not be relevant to the issue of Jewish settlements in the West Bank and Gaza.
The Convention was drafted immediately following the Second World War, against the background of the massive forced population transfers that occurred during that period. As the International Red Cross' authoritative commentary to the Convention confirms, Article 49 (entitled "Deportations, Transfers, Evacuations") was intended to prevent the forcible transfer of civilians, thereby protecting the local population from displacement. Israel has not forcibly transferred its civilians to the territories and the Convention does not place any prohibition on individuals voluntarily choosing their place of residence. Moreover, the settlements are not intended to displace Arab inhabitants, nor do they do so in practice. According to independent surveys, the built-up areas of the settlements (not including roads or unpopulated adjacent tracts) take up about 3% of the total territory of the West Bank.
Israel's use of land for settlements conforms to all rules and norms of international law. Privately owned lands are not requisitioned for the establishment of settlements, which may only be located on public lands. Extensive investigations are made to confirm that planned settlements are not situated on private property. In addition, all settlement activity comes under the supervision of the Supreme Court of Israel (sitting as the High Court of Justice) and every aggrieved inhabitant of the territories, including Palestinian residents, can appeal directly to this Court
The Fourth Geneva Convention was certainly not intended to prevent individuals from living in their ancestral lands or on property that had been illegally taken from them. Many present-day Israeli settlements have been established on sites that were home to Jewish communities in the West Bank (Judea and Samaria) and Gaza in previous generations, in an expression of the Jewish people's deep historic and religious connection with the land. Many of the most ancient and holy Jewish sites, including the Cave of the Patriarchs (the burial site of Abraham, Isaac and Jacob) and Rachel's Tomb, are located in these areas. Jewish communities, such as in Hebron (where Jews lived until they were massacred in 1929) existed throughout the centuries.
Other communities, such as the Gush Etzion bloc in Judea, were founded before 1948 under the internationally endorsed British Mandate. The right of Jews to settle in all parts of the Land of Israel was first recognized by the international community in the 1922 League of Nations Mandate for Palestine. The purpose of the Mandate was to facilitate the establishment of a Jewish national home in the Jewish people's ancient homeland. Indeed, Article 6 of the Mandate provided for "close settlement by Jews on the land, including State lands not required for public use."
For more than a thousand years, the only time that Jewish settlement was prohibited in the West Bank was under the Jordanian occupation (1948-1967) that resulted from an armed invasion into Israel. During this period of Jordanian rule, which was not internationally recognized, Jordan eliminated the Jewish presence in the West Bank (as Egypt did in the Gaza Strip) and declared that the sale of land to Jews was a capital offense. It is untenable that this outrage could invalidate the right of Jews to establish homes in these areas, and accordingly, the legal titles to land that had already been acquired remain valid to this day.
As the former US Under-Secretary of State for Political Affairs, Professor Eugene Rostow, has written: "the Jewish right of settlement in the area is equivalent in every way to the right of the local population to live there." (AJIL, 1990, vol. 84, p.72)
In conclusion, the oft-repeated claim regarding the 'illegality' of Israeli settlements has no legal or factual basis under either international law or the agreements between Israel and the Palestinians. Such charges can only be regarded as politically motivated. Most importantly, any political claim - including the one regarding settlements - should never be used to justify terrorist attacks on innocent civilians.
Israeli Settlements and International Law - May 2001
How are democratic values protected in Israel?
Israel's Declaration of Independence (May 1948) proclaims that the State of Israel will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.
©Israel Government Press Office
Israel's Declaration of IndependenceIsrael has no written constitution. However, the Knesset has enacted a series of Basic Laws which will eventually be brought together to form a formal constitution. The 1992 "Basic Law: Human Dignity and Liberty" explicitly provides that human rights shall be interpreted in the spirit of the principles of Israel's Declaration of Independence. Although the Declaration is not a legally binding document, it is expressed in the Supreme Court's interpretation of laws. It is a task of this court, the watchdog of Israeli democracy, to safeguard human and civil rights.
In addition to the Basic Laws, a body of case law has developed over the years which protect civil liberties, including freedom of speech, freedom of assembly, freedom of religion, and equality. As in other western democracies, these are fundamental values in Israel.
In the absence of a formal Bill of Rights, the Supreme Court has largely contributed to the protection of civil liberties and the rule of law. In its capacity as the High Court of Justice and acting as the court of first and last instance, the Supreme Court also hears petitions brought by individuals appealing for redress against any government body or agent. These petitions play an important role in guaranteeing individual human rights for both Israeli citizens and Palestinians in the West Bank and Gaza.
In addition to its highly respected legal system, Israel has all the formal and informal institutions that guarantee respect for democratic values. Free and independent elections result in the establishment of local and national governments that reflect the will of the people. There is a separation of powers between the three branches of government - the executive, the legislature (Israel's Knesset) and the judiciary. Moreover, checks and balances are built into the system, as in every other true democracy.
Israel's media has absolute freedom, and operates as an independent watchdog on the government. Israel has an abundance of non-governmental organizations that also guard against any infringement on human rights.
The citizens of Israel have all the rights and privileges of the citizens of any modern, western-style democracy. Both Arab and Jewish Israelis have the right to vote and to be elected, to worship freely, to petition the government and courts if needed, and to express their opinions openly and without fear. Israel is the only country in the Middle East where both Arabs and Jews have equal rights under the law and can enjoy all the benefits of democracy.
Index / Introduction / Conflict / Peace /
Delegitimization and Anti-semitism / Basic Issues / Appendix
