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Monday, July 20, 2020

To Annex or Not to Annex -- Is the Question Moot?

Israeli Prime Minister Benjamin Netanyahu, who remains under a cloud of personal corruption, had more or less promised to annex some of the West Bank in July. He's let his deadline slip, we've been told, because he doesn't want to proceed while his buddy Trump is preoccupied with other matters. He must need the cover, which is interesting in itself. Meanwhile leading Jewish Democrats like Sen. Chuck Schumer are uneasy with annexation talk, perhaps because his party is no longer solidly in Israel's corner.

So who can say when and if a formal annexation will occur? I prefer to ask: does it matter? If the state of Israel does nothing, the Palestinians of the West Bank will remain without rights, ruled under an apartheid regime either by Israel directly or by Israel's subcontractor for security, the authoritarian Palestinian Authority.

As the indefatigable Norman Finkelstein often reminds us, Israel has already de facto annexed the West Bank and the Gaza Strip, which is just a big open-air prison. Under international law, when a government occupies an adversary's territory during a war, it is obliged to regard the occupation as strictly temporary. Keeping it and moving citizens into it are indisputably illegal acts. The law makes no distinction between offensive and defensive wars, although the 1967 war, in which Israel seized the Palestinian territories (which Jordan had occupied since 1948), was not defensive.

In 2004 the International Court of Justice reaffirmed this aspect of international law when it condemned Israel's occupation of the West Bank, the Jewish-only settlements, and the wall of separation as illegal.

By now, after 53 years, we are entitled to notice that Israel's occupation is not temporary. And that means the territories' status is not one of occupation but of annexation. It won't do to say that Israeli governments have tried to negotiate with the Palestinians according to the land-for-peace formula called for by the postwar UN Resolution 242. Israel has often pretended that it would be willing to give up some land for peace, but it is hard to take those gestures seriously. Every so-called "generous" Israeli offer contained so many conditions and Israeli prerogatives that the Palestinian territories would have been nothing more than a scattered archipelago of vassal districts. This is no less true of Trump's grand plan for Israel and Palestine.

The Palestinians have been victims of a cruel Israeli (and American) joke -- often with the complicity of what are laughably called their rulers, who have put their personal interests ahead of the people they claim to represent.

No wonder Netanyahu is in no hurry. He's already got what he wants. If he were to formally annex some of the West Bank, he would get flak both from those who support the long-suffering Palestinians and from his domestic right-wing, which will complain that he did not annex enough.

So as I say, what's his hurry?

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