In 2022 the United Nations General Assembly (UNGA) passed 15 resolutions against Israel, compared to 13 resolutions brought against all the other countries in the world combined.
The most recent resolution was promoted by the Palestinian Authority and brought to a vote on Friday, December 30th. The resolution seeks the opinion of the International Court of Justice (ICJ), the principal judicial organ of the UN, on Israel’s occupation of Palestinian territory.
The foundation of the State of Israel is protected by international law under treaties, going back to the Balfour Declaration of 1917, the San Remo Conference of 1920 on the British Mandate for Palestine, followed by a treaty confirmed by the League of Nations in 1922 and implemented in September 1923.
France had the Mandate of Syria, including Lebanon, and Britain, that of Palestine, including Jordan and Iraq. The British were entitled to establish the National Home for the Jewish People on the territory between the Jordan River and the Mediterranean Sea, including Jerusalem. Under international law, this is still valid today.
Regrettably, knowledge and education about these laws amongst Jewish people, both in Israel and the Diaspora, is reducing over time. As a result, Israelis and Jews all over the world seem to be accepting territorial and peace compromises from international organizations that have absolutely no justification in law.
Another example where Israel’s firm foundational rights are protected is in Article 80 of the UN Charter, though this appears to be disregarded by most nations. In Article 80, Chapter XII it is written, “...nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.”
The words “any peoples” was incorporated into the article, meaning that the rights of the Jewish people, then under the Mandate of Palestine, were also included (International Law and the Arab-Israeli Conflict).
Perhaps the numerous resolutions of the UN and EU focused on Israel have been made possible by ingrained patterns caused by the systematic oppression of the Jews, which has existed for over one thousand years. Could there be a collective Jewish memory, one that silences Jews, one that makes them fail to defend their legal rights? Add to that the lack of knowledge about history and international law, such as the Mandate for Palestine of 1922 and the treaties that followed.
Interestingly, Israel’s foundation did not start with the UN partition plan, nor after WWII, as many believe, and what some in the UN and media perhaps also believe. The partition plan of 1947 is not legal. The UN Partition plan failed due to the rejection by the Arabs in the region, and the war they led on the newborn Jewish state.
From 1948 until 1967, Jordan illegally occupied the areas of Judea, Samaria, and East Jerusalem, renaming them the “West Bank.” This has not changed any of the territorial rights of the Jewish people. Thus, these areas of contention today result from the wars initiated by Arabs and their rejection of a neighboring Jewish State.
Seemingly, Israel’s governments, and most Jewish people, fail to learn from and speak out about these fundamental, but still valid rights which are grounded in international law.It is this silence that encourages anti-Israel forces to bring forward and support numerous anti-Israel UN resolutions.
Subconsciously, does the historic, multi-generational suffering of Jews in the Diaspora prevent them from standing up for their legal rights? And if so, what can be done to change this pattern amongst Jews?
Despite so many Jewish and non-Jewish organizations attempting to educate the public on Jew-hatred, it is still increasing around the world. The UN’s continual anti-Israel bashing only adds to the hatred and misinformation.
When we think of the Jewish education that many people in the Diaspora are exposed to, it is mostly about the atrocities of the Holocaust. Only recently has the history of the expulsion of around 900,000 Jews from Arab countries been acknowledged. While these subjects are important, they have nothing to do with Israel’s legal rights. The history and legality of Israel’s right to exist is not a typical aspect of most curricula about the Jewish people.
In order to break down the deeply ingrained silence, the fundamental international legal rights concerning Israel’s sovereignty and legitimacy must be properly taught and understood within Israel and the Diaspora. They must be embedded into curricula in Israel and abroad.
Additionally, there is an urgent need to create many more proactive NGOs who are strictly educated on Israel’s legal rights, to speak out at the UN on Israel’s rights, and attend all UN debates. Israel’s ambassadors and government officials should also speak out vociferously about these international laws.
It is time to enable a transformation in the collective Jewish memory.
Diana Krief is the President of the Geneva-based Association Coopération and Development (ACD), which promotes cooperation and innovations between people.
This op-ed is published in partnership with a coalition of organizations that fight antisemitism across the world. Read the previous article by Aaron Boujenah.