HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Topics » Foreign Affairs & National Security » Israel/Palestine (Group) » The Levy Report and the ‘...

Sun Jul 22, 2012, 08:33 PM

The Levy Report and the ‘Occupation’ Narrative [View all]

Looking back over the last two weeks, what appeared to hit a raw nerve with critics of the report of Justice Edmond Levy’s committee was not what it had to say about the specific issues for which it was appointed, like zoning and planning in the West Bank, but rather with how it dealt with the broader narrative for describing the Israeli-Palestinian conflict. This became evident in how the reaction focused on the report’s conclusion that “the classical laws of ‘occupation’ as set out in the relevant international conventions cannot be considered applicable to … Israel’s presence in Judea and Samaria.”

How did Justice Levy, who recently retired from Israel’s Supreme Court, reach this conclusion along with his two colleagues? They argued that the Israeli presence in the West Bank was unique, sui generis, because there was no previously recognized sovereign there when it was captured by the Israel Defense Forces during the Six-Day War in 1967. The Jordanian declaration of sovereignty in 1950 had been rejected by the Arab states and the international community, as a whole, except for Britain and Pakistan.

Moreover, as the Levy Report points out, the Jewish people still had residual historical and legal rights in the West Bank emanating from the British Mandate that were never cancelled, but rather were preserved by the U.N. Charter, under Article 80 — the famous “Palestine Clause” that was drafted, in part, to guarantee continuity with respect to Jewish rights from the League of Nations.

There were other issues that made the Israeli presence in the West Bank unique. With the advent of the Oslo Agreements in the 1990s, there was no longer an Israeli military government over the Palestinian population. Indeed, the famous 1949 Fourth Geneva Convention on occupied territories stipulates that an Occupying Power is bound to its terms “to the extent that such a Power exercises the function of government in such territory (Article 6).”

more...
http://www.algemeiner.com/2012/07/20/the-levy-report-and-the-occupation-narrative/

105 replies, 9995 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 105 replies Author Time Post
Reply The Levy Report and the ‘Occupation’ Narrative [View all]
shira Jul 2012 OP
shira Jul 2012 #1
kayecy Jul 2012 #2
shira Jul 2012 #3
kayecy Jul 2012 #4
shira Jul 2012 #5
azurnoir Jul 2012 #6
shira Jul 2012 #7
azurnoir Jul 2012 #8
shira Jul 2012 #9
kayecy Jul 2012 #10
shira Jul 2012 #12
kayecy Jul 2012 #21
shira Jul 2012 #23
kayecy Jul 2012 #24
shira Jul 2012 #26
Ken Burch Jul 2012 #14
shira Jul 2012 #17
Ken Burch Jul 2012 #27
shira Jul 2012 #49
King_David Jul 2012 #25
Ken Burch Jul 2012 #28
shira Jul 2012 #33
Ken Burch Jul 2012 #40
shira Jul 2012 #46
Ken Burch Jul 2012 #53
shira Jul 2012 #57
King_David Jul 2012 #59
Ken Burch Jul 2012 #62
King_David Jul 2012 #65
Ken Burch Jul 2012 #67
King_David Jul 2012 #68
Ken Burch Jul 2012 #70
shira Jul 2012 #78
Ken Burch Jul 2012 #79
shira Jul 2012 #82
Ken Burch Jul 2012 #89
shira Jul 2012 #96
Ken Burch Jul 2012 #69
kayecy Jul 2012 #71
King_David Jul 2012 #72
kayecy Jul 2012 #73
King_David Jul 2012 #74
shira Jul 2012 #75
King_David Jul 2012 #77
kayecy Jul 2012 #83
King_David Jul 2012 #84
Ken Burch Jul 2012 #86
King_David Jul 2012 #52
Ken Burch Jul 2012 #54
King_David Jul 2012 #58
Ken Burch Jul 2012 #63
King_David Jul 2012 #60
holdencaufield Jul 2012 #61
King_David Jul 2012 #66
Ken Burch Jul 2012 #16
shira Jul 2012 #18
Ken Burch Jul 2012 #31
shira Jul 2012 #47
Ken Burch Jul 2012 #87
shira Jul 2012 #97
Ken Burch Jul 2012 #15
shira Jul 2012 #19
Ken Burch Jul 2012 #29
shira Jul 2012 #34
Ken Burch Jul 2012 #44
shira Jul 2012 #45
Ken Burch Jul 2012 #88
Bradlad Jul 2012 #90
Ken Burch Jul 2012 #91
Bradlad Jul 2012 #100
holdencaufield Jul 2012 #101
Bradlad Jul 2012 #105
shira Jul 2012 #98
Ken Burch Jul 2012 #32
shira Jul 2012 #35
Ken Burch Jul 2012 #38
shira Jul 2012 #39
Ken Burch Jul 2012 #41
shira Jul 2012 #48
shaayecanaan Jul 2012 #11
Ken Burch Jul 2012 #13
shira Jul 2012 #20
kayecy Jul 2012 #22
shira Jul 2012 #36
Ken Burch Jul 2012 #30
shira Jul 2012 #37
Ken Burch Jul 2012 #42
shira Jul 2012 #50
Ken Burch Jul 2012 #64
Ken Burch Jul 2012 #43
shira Jul 2012 #51
Ken Burch Jul 2012 #55
shira Jul 2012 #56
Scootaloo Jul 2012 #76
shira Jul 2012 #80
Scootaloo Jul 2012 #85
shira Jul 2012 #93
Scootaloo Jul 2012 #102
holdencaufield Jul 2012 #103
Scootaloo Jul 2012 #104
Ken Burch Jul 2012 #92
shira Jul 2012 #94
Purveyor Jul 2012 #81
shira Jul 2012 #95
holdencaufield Jul 2012 #99