1 00:00:00,399 --> 00:00:04,190 Is Israel’s policy of building civilian communities in the area known as the West 2 00:00:04,190 --> 00:00:08,870 Bank the reason there is no permanent peace between Israel and the Palestinians? 3 00:00:08,870 --> 00:00:14,059 The answer to that question, despite all the sound and fury regarding the so-called settlement 4 00:00:14,059 --> 00:00:18,240 issue, is no. The Israeli settlements in the West Bank are 5 00:00:18,240 --> 00:00:23,760 not the major barrier to a peace agreement. A little historical context will make this clear. 6 00:00:23,760 --> 00:00:28,760 For two decades before June of 1967, the West Bank, including much of Jerusalem, 7 00:00:28,840 --> 00:00:33,960 was controlled by Jordan. During that time -- a time when Israel did not have a single settlement -- 8 00:00:33,960 --> 00:00:38,700 there were numerous Palestinian terror attacks against the nation state of the Jewish people. 9 00:00:38,700 --> 00:00:43,460 In other words, Palestinians committed terror attacks against Israel 10 00:00:43,460 --> 00:00:48,820 when there were no settlements and they committed terror attacks against Israel 11 00:00:48,820 --> 00:00:53,940 when there were settlements. If Israel were to pull out of every single 12 00:00:53,940 --> 00:00:58,810 settlement in the West Bank tomorrow, it’s unlikely that anything much would change. 13 00:00:58,810 --> 00:01:02,850 In fact, if history is any indicator, Israel could be worse off. 14 00:01:02,850 --> 00:01:08,400 In 2005, Israel abandoned every single community, every house, every farm, every structure it 15 00:01:08,400 --> 00:01:13,960 had built in the Gaza Strip. How did the Palestinians of Gaza react? They launched thousands of 16 00:01:13,960 --> 00:01:18,980 rockets and numerous other terror attacks against the nation state of the Jewish people. 17 00:01:18,980 --> 00:01:23,140 The attacks continue to this very day. And every year the range of these rockets get 18 00:01:23,140 --> 00:01:28,630 longer and their payloads more lethal. Only a very sophisticated Israeli anti-missile 19 00:01:28,630 --> 00:01:32,810 defense keeps the country secure. Can you blame Israel for not wanting to risk 20 00:01:32,810 --> 00:01:38,280 a two-front rocket war? But Israel has no right to be in the West Bank at all, many say. 21 00:01:38,280 --> 00:01:42,900 So, permit me, a law professor at Harvard, to say that on the basis 22 00:01:42,900 --> 00:01:49,570 of international law this position is incorrect. Military occupations are clearly permitted 23 00:01:49,570 --> 00:01:55,180 under international law following an aggressive attack by a neighboring state. Jordan, Israel’s 24 00:01:55,180 --> 00:02:00,729 neighbor to the East, attacked Israel in 1967, despite Israel’s repeated efforts to keep 25 00:02:00,729 --> 00:02:04,809 Jordan out of the Six Day War. In defending itself against Jordan, 26 00:02:04,809 --> 00:02:08,789 Israel captured the West Bank and the eastern part of Jerusalem. Under international law, 27 00:02:08,789 --> 00:02:14,719 until a meaningful peace is achieved and all terrorism against it ceases, Israel has every right 28 00:02:14,719 --> 00:02:19,319 to retain military control over this area. Since no peace treaty has been reached 29 00:02:19,320 --> 00:02:23,280 and the terrorism continues with new attacks threatened almost daily, 30 00:02:23,280 --> 00:02:27,120 Israel is under no legal obligation to leave. 31 00:02:27,200 --> 00:02:31,400 Given the danger that Israel would be putting itself in if it did leave the West Bank 32 00:02:31,400 --> 00:02:37,560 -- exposing its major cities and international airport to rocket attacks -- it would be irresponsible to do so, 33 00:02:37,560 --> 00:02:42,540 which is why Israel is still there. Nevertheless I fully acknowledge that a military 34 00:02:42,540 --> 00:02:47,569 occupation is significantly different, both as a matter of law and politics, from building 35 00:02:47,569 --> 00:02:52,790 civilian settlements even in a territory that is legitimately subject to a military occupation. 36 00:02:52,790 --> 00:02:57,840 That’s why I have long opposed the building of settlements in the West Bank. I believe 37 00:02:57,840 --> 00:03:03,090 it has caused resentment and has given enemies of Israel an excuse to attack the legitimacy 38 00:03:03,090 --> 00:03:07,599 of the occupation in general. It is also why I have always supported Israel’s 39 00:03:07,599 --> 00:03:13,439 efforts to exchange land for peace as it has done on multiple occasions over the last few decades. 40 00:03:13,440 --> 00:03:17,640 So, while the settlements may have contributed to the difficulty of making peace, 41 00:03:17,650 --> 00:03:24,059 it has not been the major barrier that Israel’s enemies claim it to be. It is not the reason 42 00:03:24,059 --> 00:03:27,269 there has been no peace agreement between Israel and the Palestinians. 43 00:03:27,269 --> 00:03:32,519 The reason has always been and remains the unwillingness of Palestinian leaders 44 00:03:32,519 --> 00:03:38,159 -- and, according to Palestinian polls, much of the Palestinian population -- to recognize Israel’s 45 00:03:38,159 --> 00:03:43,889 right to exist as the nation state of the Jewish people. Until and unless the Palestinian 46 00:03:43,889 --> 00:03:48,489 leadership and the Palestinian people acknowledge that the State of Israel has the right to 47 00:03:48,489 --> 00:03:55,489 be free from military assault, from terrorism from rocket attacks, and from diplomatic warfare, 48 00:03:55,510 --> 00:03:58,930 there will be no resolution to the Middle East dispute. 49 00:03:58,930 --> 00:04:04,939 If these conditions, which must be the basis of any two-state solution, meaning a nation 50 00:04:04,939 --> 00:04:09,889 State for the Jewish people and a Palestinian State, are met, the occupation will end, 51 00:04:09,889 --> 00:04:16,749 the settlement issue will be resolved, and the blessings of a mutual peace will finally be achieved. 52 00:04:16,940 --> 00:04:22,020 I’m Alan Dershowitz, Professor of Law at Harvard University for Prager University.