Tag Archives: Six Day War

Words matter! S.Res.176

Dear Senators Udall and Heinrich,

Disappointment and frustration.

A half-century after the Six-Day War which culminated in Israel’s occupation of the West Bank, East Jerusalem and the Gaza Strip, it is extremely disappointing that the U.S. Senate continues to succumb to Israel’s revisionist history (propaganda).

Your support for S.Res.176, A Resolution Commemorating the 50th Anniversary of the Reunification of Jerusalem, along with your colleagues, is further evidence that the American Israeli Public Affairs Committee (AIPAC) may achieve by unilateral and incremental steps, what Israel failed to do in 1967-1968.

The Palestinians consider East Jerusalem the capital of their future state. The United Nations, the vast majority of countries, and international law, support this interpretation of history. Your resolution does violence to the truth and to international law.

Israel never “reunified” Jerusalem, as your resolution proclaims, but occupied East Jerusalem and then began drawing municipal borders to strengthen Israel’s sovereignty over the city by creating a Jewish majority. The legal status of the City of Jerusalem is clear. Under international law, Israel occupies East Jerusalem.

S.Res.176 fails to mention the occupation and the Palestinians living in East Jerusalem who are not even granted citizenship in Israel but rather permanent resident status. In a precedent-setting case, the Supreme Court of Israel ruled earlier this year that the permanent residents of East Jerusalem deserve better.

Last year I visited East Jerusalem. It’s like night and day between the Jewish settlements and the Palestinian neighborhoods. One has green lawns and swimming pools while the other struggles to live on about half the amount of water recommended by the World Health Organization.  One has new schools and playgrounds with equipment for their children, while the other hasn’t had any new classrooms built in many years. Mothers are now holding classes in their homes.

In 2011, the High Court of Justice ruled that over the next five years, the Education Ministry and municipality must build enough classrooms in the public school system for all East Jerusalem students.  … Yet the latest report by the Ir Amim organization says the problem has only gotten worse: East Jerusalem currently lacks 2,247 classrooms, compared to about 1,500 when the High Court petition was filed in 2007. Over the past five years, only some 35 classrooms a year have been built – less than the number needed to accommodate the population’s natural growth.”

The State of Israel has been creating its “facts on the ground,” moving Jewish settlers into East Jerusalem and forcibly displacing Palestinian families out of East Jerusalem.

I encourage you and your staff to watch these two short amateur videos about life in East Jerusalem. In the first, an Israeli activist talks about why she supports the Palestinians in East Jerusalem. In the second, children show how settlers have taken over the front part of their home, and the family continues to live in the back.  Other families were thrown out into the street. Israeli, international and Palestinian activists, Sara Benninga among them, have started a growing solidarity movement and demonstrate there weekly to oppose the injustice of Israel accepting pre-1948 ownership claims by Jews, but not by Palestinians.

S.Res.176 reaffirms that it is the longstanding, bipartisan policy of the United States Government that the permanent status of Jerusalem remains a matter to be decided between the parties through final status negotiations towards a two-state solution; and yet the very title and preamble clauses state unambiguously that Jerusalem is undivided and belongs to Israel, with no mention of Palestinians and their aspirations for East Jerusalem.

Words matter!  Even nonbinding resolutions matter!  Please take note of that fact and don’t add your name to such propaganda in the future.


Lora Lucero

P.S. This Thursday, June 8, you have an opportunity to hear from experts at a briefing on Capitol Hill sponsored by Defense for Children International – Palestine & American Friends Service Committee. Congressional Briefing: 50 Years of Israeli Military Occupation & Life for Palestinian Children. Please plan to attend or send a staff person.

Thursday June 8, 2017
9:30AM – 11:00AM EST

Cannon House Office Building, Rm 122
27 Independence Ave, SE,
Washington, DC 20003

UPDATE – June 9, 2017 – Response received from Senator Tom Udall. I wonder if writing to our elected officials in DC makes any difference.

Dear Ms. Lucero,

Thank you for your comments regarding S. Res. 176, a resolution commemorating the 50th anniversary of the reunification of Jerusalem.

On May 24, 2017, Senators Mitch McConnell (KY) and Charles Schumer (NY) introduced S. Res. 176. Upon introduction the bill was referred to the Senate Committee on Foreign Relations. On May 25, 2017, the resolution was passed out of the Senate Foreign Relations Committee and placed on the Senate Legislative Calendar under General Orders. On June 5, 2017, the resolution was passed in the Senate by a vote of 90 to Zero, with my vote in favor. I value receiving feedback from my constituents, and I appreciate your taking the time to keep me informed. Your help allows me to more effectively represent you in the U.S. Senate.

Thank you again for sharing your thoughts with me.  Please feel free to contact me with your concerns regarding any federal issue by visiting my website at www.tomudall.senate.gov.  For more information, you may also visit my Facebook page at https://www.facebook.com/senatortomudall and receive up to the minute updates through my Twitter page at http://twitter.com/senatortomudall.

Very truly yours,
Tom Udall
United States Senator





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The West Bank and International Humanitarian Law on the Eve of the Fiftieth Anniversary of the Six-Day War

By Theodor Meron (The American Society of International Law, 2017)

Judge Meron’s 19-page article is available here to download.

Rarely does a jurist have the opportunity to render a legal opinion twice on the very same case or controversy fifty years apart.

Theodor Meron

Theodor Meron

Theodor Meron was 37 when he was appointed the Legal Adviser of the Israel Ministry of Foreign Affairs shortly after the Six-Day War. He was asked to address some of the international legal implications that followed from that war.

He opined on September 14, 1967 that “the establishment of civilian settlements in the occupied West Bank and other conquered territories violates the Fourth Geneva Convention related to the protection of victims of war and, specifically, its prohibition on settlements (Article 49(6)).” This prohibition is categorical, he wrote, and “not conditioned on the motives or purposes of the transfer, and is aimed at preventing colonization of conquered territory by citizens of the conquering state.”

In March 2017, his opinion has not changed. Given the inexorable demographic change in the West Bank over the past fifty years; the adoption by the Security Council of Resolution 2334 on December 23, 2016; John Kerry’s unprecedented speech delivered on December 28, 2016; and Netanyahu’s immediate rejection of the “shameful UN resolution” — Judge Meron felt compelled to speak up again in support of international law and its requirements and application to the settlements in the occupied West Bank.

Judge Meron’s career is noteworthy and worth recounting here because his opinion carries weight, except with Israeli leaders.


Theodor Meron – President of the International Criminal Tribunal for Rwanda

Judge and President of the United Nations Mechanism for International Criminal Tribunals; Judge and Past President of the United Nations International Criminal Tribunal for the former Yugoslavia; former Judge of the United Nations International Criminal Tribunal for Rwanda; Charles L. Denison Professor Emeritus and Judicial Fellow, New York University School of Law; Visiting Professor, University of Oxford, since 2014; past Co-Editor-in-Chief of the Journal; past Honorary President of the American Society of International Law.

Settlements in the Occupied West Bank

What is the scope of the problem? The Palestinian president says there will be no negotiations until Israel ends the expansion of settlements in the occupied West Bank. The Israeli prime minister says the Palestinians must come to the bargaining table with no preconditions, but he demands that the Palestinians first recognize Israel as a Jewish state. There have been no negotiations since 2010.


Today there are nearly 600,000 Israeli settlers living in the West Bank and East Jerualem. There are 127 government-sanctioned Israeli settlements (not including East Jerusalem and Hebron), and approximately 100 “settlement outposts”. According to the Central Bureau of Statistics, the annual growth rate for the settler population (excluding East Jerusalem) in 2015 was more than two times higher than that of the overall population in Israel: 4.1% and 2% percent, respectively.  Translated: there are more Israelis today moving to Palestine than to the State of Israel.

Check out this segment on NPR from December 2016 about the settlements.

The Jewish settlements were illegal in 1967 and they remain illegal today.

The Fourth Geneva Convention, adopted in 1949 to protect civilians in a war zone, is considered the “gold standard of humanitarian law.” While 196 countries have signed on, the United Nations concluded in 1993 that the Geneva Conventions had passed into customary law and therefore everyone is bound by them.

What does the Fourth Geneva Convention require of the occupying power (Israel) towards the protected persons (Palestinians) in the territories it occupies?

  1. No collective punishment (article 33) – including no pillage, intimidation, or terrorism. Collective punishment is considered a war crime.
  2. May not forcibly deport protected persons or transfer part of its own civilian population into the occupied territory (article 49).
  3. Must facilitate the proper working of all institutions devoted to the care and education of children (article 50).
  4. No destruction of property belonging to the protected persons or to public authorities (article 53).
  5. Maintain the public health and hygiene along with the medical facilities in the occupied territories (article 56).

Nakba refugees

Despite clear and strong opinions from the International Court of Justice, supported by a score of Security Council resolutions, the International Red Cross, and a rare consensus of the international community on the applicability of the Fourth Geneva Convention to the occupied Palestinian territories, the State of Israel has built a 50-year record of parsing the Fourth Geneva Convention, applying provisions it likes while rejecting others. “This opacity is made worse,” Judge Meron writes, “by the reluctance of Israel to divulge in public the list of the Fourth Geneva Convention’s humanitarian provisions which it is prepared to apply.”

Disrespect for international law is, alas, not unusual in the affairs of states. It is rare, however, that disrespect of an international convention would have such a direct impact on the elimination of any realistice prospects for reconciliation, not to mention peace. And it is rarer still that such disrespect of internatioal law should subsist given the number of pronouncements on the matter.

Israeli leaders rejected Meron’s opinion in 1967 and, undoubtedly, reject it today. They hinge their position on the argument that the territories are not occupied because conquered territory only becomes occupied territory when it belongs to a legitimate sovereign that was ousted. This theory disputes the status of Jordan as such a sovereign of the West Bank in 1967 which, in the opinion of Israel makes the Geneva Convention inapplicable de jure. The government has simply decided, in the absence of an international obligation to do so, to act de facto in accordance with the humanitarian provisions of the Convention.

Judge Meron rejects this argument summarily, asking “what would prevent every conquering state from contesting the sovereignty of every defeated state, even where no legitimate doubts about the sovereignty arise?” In a nutshell, the status of the lands conquered in the Six Day War has no bearing on the applicability of the Fourth Geneva Convention to Israel, as the conquering power.

While the Fourth Geneva Convention bestows rights on the “protected persons” (Palestinians in this case), the Hague Convention No. IV establishes responsibilities on the occupying power, and Israel’s Supreme Court has recognized the applicability of the Hague Convention No. IV as customary law to the West Bank.

There is the requirement to respect private property (Article 46), and the property of municipalities, and that of institutions dedicated to religion, charity and education, and arts and sciences. (Article 56). The occupying power must also safeguard and administer the real estate in accordance with the rules of usufruct.

With the construction of the “security wall” encroaching on Palestinian lands, and a record number of housing demolitions in the West Bank in 2016, the reasonable question Palestinians and the rest of the world might ask is “Who is going to hold the State of Israel accountable for its violations of international law?”

12794787_10208838393703043_5184863994902971158_o Judge Meron concludes his 2017 opinion:

Those of us who are committed to international law, and particularly to respect for international humanitarian law and the principles embodied therein, cannot remain silent when faced with such denials or self-serving interpretations.

But if the continuation of the settlement project on the West Bank has met with practically universal rejection by the international community, it is not just because of its illegality under the Fourth Geneva Convention or under international humanitarian law more generally. Nor is it only because, by preventing the establishment of a contiguous and viable Palestinian territory, the settlement project frustrates any prospect of serious negotiations aimed at a two-state solution, and thus of reconciliation between the Israelis and Palestinians. It is also because of the growing perception that individual Palestinians’ human rights, as well as their rights under the Fourth Geneva Convention, are being violated and that the colonization of territories populated by other people can no longer be accepted in our time.



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USS Liberty – when will the US Government tell us what happened?

This morning I told an American friend about Israel’s attack on the USS Liberty in international waters in the Mediterranean on June 8, 1967. She was incredulous.

I don’t blame her. It’s difficult for me to believe that Israel would deliberately attack an ally’s well-marked ship by air and sea for several hours. In fact, I would chalk such allegations up to anti-Israel-bashers if the USS Liberty survivors weren’t coming forward and sharing their eye-witness accounts.

Their website provides convincing testimony and is very compelling. I also found this article — A Juridical Examination of the Israeli Attack on the USS Liberty by Lieutenant Commander Walter L. Jacobsen, JA GC, USN — published in 1986 in the Naval Law Review to be very credible.

At the time, there was very little information about the attack published in the US mainstream media. It’s safe to say that most Americans were hearing about Israel’s military superiority in the Six Day War (June 5 – 10, 1967), but not a peep about the death of 34 US Navy personnel on the USS Liberty. The National Review was the only American press to include a piece.

USS Liberty

As far as I can tell, the New York Times never covered the story in 1967 or after.  No mention of the USS Liberty in the New York Times pops up until 1988. A letter to the Editor in the NYT in August of that year said justice still waits for the survivors of the USS Liberty.

A few days later, Abe Foxman, the National Director of the Anti-Defamation League, wrote a letter defending Israel and calling the “unfortunate facts” a “tragedy” that cost lives. Unfortunately, Foxman’s facts don’t square with the eyewitness accounts.

The chronology of events before, during and after the attack are spelled out here …. and leave only one question unanswered. When is the U.S. Government going to come clean with Americans? We deserve the truth.

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