This posting is a transcript of a blog by Israellycool and is worth reading in its entirety. but the BIG question remains - why has this been ignored not only by the media but also official sources.
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Today in France 70 nations will come together in Paris and blindly ignore the legal
ruling of a highly significant French court (Court of Appeal of Versailles)
just a few years ago. They will most likely issue a statement which creates the
impression that Israel’s activities in Judea and Samaria are illegal.
I wrote a couple of weeks ago that there hasn’t been a
proper legal case to decide the legality of Jews living in the lands captured
back from Jordan in ’67, specifically Judea, Samaria and parts of Jerusalem. I
was wrong! There was exactly such a case and, even though I’ve written about
it, it has received almost no attention and been buried.
Here’s a very simplistic background on how western
legal systems operate. In a Western country founded on Judeo-Christian
principles, some form of elected body decides to pass and enact laws. Perhaps
there is a foundational document (like the US Constitution) or centuries of
history and a set of procedures and prior law on how stuff is done (the UK).
One thing that unites all these systems is that new laws must be tested in
court.
A law enters the books when the elected officials have all
agreed on it, but until someone breaks the law or challenges it in some way, it
isn’t fully tested.
Fortunately there isn’t a government for the entire world (and
plans for such a monstrosity probably took a backward step when Hillary Clinton
lost in November). The UN, as a club of dictators, despots and dastardly deed
doers (with a sprinkling of decent, democratic states) certainly isn’t remotely
close to a single government for the world that any sane person would submit
to. The International Criminal Court in the Hague is also similarly problematic.
International law, therefore, stems from a bunch of widely (but not
universally) accepted treaties and agreements many nations have signed up to
going back, in cases, hundreds of years and methods for deciding disputes are
confusing.
But just as with nations passing laws, until a court hears
a case based on the law, interpretation of that law isn’t set. That’s why there
is such a thing as a “legal opinion”. In any given case there are two or more
sides arguing that they’ve understood the law correctly and the other side is
wrong.
That’s the situation with Israel’s status in territory it
captured in various defensive wars since 1948. When I wrote “you can believe arguments one way or
another, but you can’t yet say the matter of settlements is settled” I was
overlooking one very important case from France in 2013 which I even wrote about back then! A week after the case concluded
(with a resounding win for the Israeli side and a defeat for a PLO backed
boycott effort) I wrote the following:
As we first reported here on Israellycool last week, a French court has confirmed some
aspects of the legal situation regarding Israel and the hills of Judea and
Samaria, especially around Jerusalem.
Now the larger news outlets have had time to think about this
and get the opinion of greater legal minds than this humble blogger.
And the answer seems to be, it is a victory, but only if you
didn’t know anything about international law and the specifics of Article 49 of
the Fourth Geneva Conventions.
Well I’d say that’s just about everyone on earth and doubly so
for everyone who is deluded by BDS campaign lies!
Exactly as I noted then, the legacy media completely ignored
this ruling or downplayed it because it didn’t fit their lethal narrative: Jews
are illegal settlers in what was once their own land. Nobody in the hostile
legacy media has referred to it since (try to google for it).
Jerusalem Light Rail
Jean-Patrick Grumberg (the original reporter I linked to back in 2013 on the story) has now re-published a more detailed account of the technicalities of the case which related to the building, in Jerusalem, of the light rail system which connects both predominantly Arab and Jewish neighbourhoods to the centre of Jerusalem.
The entire blog post is definitely worth reading (a few
times) but here are the headlines:
In a historical trial carefully « forgotten » by the media, the 3rd Chamber of the Court of Appeal of Versailles declares that Israel is the legal occupant of the West Bank*.
In a historical trial carefully « forgotten » by the media, the 3rd Chamber of the Court of Appeal of Versailles declares that Israel is the legal occupant of the West Bank*.
In the 90s, Israel bid for the construction of the Jerusalem
light rail. The tender was won by French companies Veolia and Alstom. The light
rail was completed in 2011, and it cross Jerusalem all the way to the east side
and the « occupied territories » (more about this term later).
Following this, the PLO filed a complaint with the High Court
(Tribunal de Grande Instance) of Versailles France, against Alstom and Veolia,
because according to PLO, « the construction of the tram is illegal since
the UN, the EU, many NGOs and governments consider that « Israel illegally
occupy Palestinian territories ».
First and foremost, the
Versailles Court of Appeals had to determine the legal rights of Palestinians
and Israelis in West Bank. Their conclusion: Palestinians have no right – in
the international legal sense – to the region, unlike Israel, who is
legitimately entitled to occupy all land beyond the 67 line.
Why is this an historical
ruling: it is the first international case since the declaration of the State
of Israel in 1948.
The Court of Appeal does
not deny the occupation, but it destroys one after another all the Palestinian
arguments.
Israeli occupation does
not violate any international law.
Propaganda is not
international law.
Humanitarian law was not
violated.
The PLO and the
Palestinians were dismissed.
This is how Jean-Patrick concludes his post (which also includes
the entire court decision in French).
The Court of Appeal therefore sentenced the PLO (and Association
France Palestine Solidarité AFPS who was co-appellant) to pay 30,000 euros
($32,000) to Alstom, 30,000 euros to Alstom Transport and 30,000 euros to
Veolia Transport.
Neither the PLO nor the Palestinian Authority nor the AFPS
appealed to the Supreme Court, therefore the judgment has become final.
This is the first time that a Court has legally destroyed all
Palestinian legal claim that Israel’s occupation is illegal.
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