Without question, Israel is currently facing an increasingly coordinated and concerted effort by Europe and the Arab world, to delegitimize and cripple her.

Draimanformayor Twentyseventeen commented on an article.

November 18 at 2:34pm · 

Without question, Israel is currently facing an increasingly coordinated and concerted effort by Europe and the Arab world, to delegitimize and cripple her.

Barack Obama is presiding over seismic shifts in geopolitical alliances instigated by a foreign policy that is foreign to everything America has said they stand for till now.

It is not coincidental that China and India are strenuously courting the tiny Jewish state as it becomes increasingly clear that liberal democrat America does not have Israel’s best interests at heart.

Consider the present administration’s full-throated support of “Palestinian” statehood and its increasingly strident efforts to accommodate a landscape-changing Iranian nuclear deal.
Both developments would seriously affect Israel’s ability to adequately protect itself without using the nuclear option if the Arab world continues to see as its primary foreign policy objective, the removal of the Jewish state from the Middle East.

But are Europe and America barking up the wrong tree? Do the Chinese and Indian governments more accurately evaluate the danger of spreading radical Islam given the chaos Muslim minorities cause in their respective countries? Does Russia, whose propaganda campaign is responsible for much of the European shift towards delegitimization of Israel, also know what the Israelis know: that radical Islam unchecked today will rapidly convert significant sections of European cities into expanding Sharia-controlled no-go Muslim enclaves? Will Muslim terror stop once the world recognizes the illegality of the Zionist enterprise in the Middle East. Is the foundation of the state of Israel illegal under international law?

The short answer is that the formation of the State of Israel is completely legal under international law, even if Arab backed European politically motivated communities would like to revise the fact.

There is a reason, in international law, there has been no “Palestinian” state these past 66 years.

And as long as there are those who would delegitimize a UN member state, there will always be those who will make sure that petty, genocidal, religious dogma neither changes the facts of history nor subverts international law which has at its very core, the objective of limiting the institutionalized violence we call war.

Israel is a sovereign state under international law. International law is a set of rules that are generally accepted in relations between states (Glick, 2014). International law is based on consent, and states follow the rules of international law to which they consent.

International law comprises two strands: treaties and custom. Treaties may be bilateral, based on international conventions like the 1948 Geneva Convention, or they may be multilateral such as is the case with the NATO treaty.

However, while treaties are binding under international law, institutions created by the treaties cannot make new law. Thus international bodies such as the UNGA can only pass resolutions which are recommendations. The UNSC may pass binding resolutions, but exercise of that power is limited to situations that are 1) threats to peace, 2) breaches of peace, 3) and acts of aggression against UN member states. Clearly, in the case of the Israeli Arab conflict as regards “Palestine”, “Palestinian” Arabs, hyperbole notwithstanding, have no legal leg to stand on. They have continuously threatened the peace, breached innumerable ceasefires, and often attacked a UN member state.

On the other hand, treaties do not carry the same weight as legislation, and states only have to obey treaties to which they are parties. In other words, no consent, no law.
Does this mean that a would-be “Palestinian” ‘nation’ could refuse to honor a treaty to which they were not party?

The brief legal answer is no.

International law permits self-determination claims to be satisfied by incorporation into the ruling state, by sovereign independence, or by anything in between.

In order to abide by its international obligations as a member of the family of nations to respect the self-determination rights of “Palestinians”, Israel is required to take good-faith negotiations with the “Palestinians” in a bid to satisfy these self-determination rights.

Nobody would dispute that the two unprecedentedly generous Israeli peace offers to Arafat and Abbas, in attempts to reach a peace settlement over the past 20 years, in addition to the commencement of the Oslo Accords which recognized the PLO as official representative of the “Palestinian” people, do not constitute good-faith efforts by the Israelis to satisfy “Palestinian” self-determination rights. The remarkable Barak and Olmert offers are historically documented proof of that.

Thus, Israel has fulfilled its obligations in this sphere as well.

Unlike Israel, there has never been a polity/state called “Palestine”. Thus not agreeing to international law has never been an option for them, despite their bombast and continuous claims of victimhood over the years.

And finally in this section about the legality of the Israeli negotiating position under international law, the prospect of the PA unilaterally approaching the UN for membership and thus statehood, would be a grave violation of the PLO’s signed agreement with Israel, under international aegis, which specifically barred such unilateral actions. Under international law, this agreement was witnessed by outside parties including the United States, Russia, Norway, the EU and so on.

This means that any material violations of agreements that were witnessed by the EU or similar, would irreversibly jeopardize the worth of such agreements in international law and the worth of such witnessing, and would free Israel to act in its best interests without fear or favor. A scenario fraught with potential for untold violence anyway you care to look at it.

Custom in international law, on the other hand, is different in that it results from general and consistent practice of states followed by them from a sense of legal obligation.

International law requires states to follow customary law even when the states have not explicitly consented to the custom (Glick, 2014). However, because customary law is also based on implied consent, a state that consistently objects to an international custom, is not bound by that custom.

Once again, in the absence of there ever being a sovereign “Palestinian” state to even invoke customary law and thus invoke consistent objection to the legal establishment of the State of Israel, in the light of the point blank refusal of three offers of “Palestinian” statehood 1947-2014 thus abrogating its rights to sovereignty in PA controlled “West Bank”, and in the absence of any codification of rules and charters minimizing violence against Jews by the current “unity” government as per the requirement of an intending member of the United Nations, “Palestinian” claims that they are a people living in a non-self-governing territory and thus have a right to self determination is belied by the fact that the “Palestinians” have been exercising self rule over inhabited parts of Judea and Samaria since 1994 when PA was formed…….

Thus, the PA’s invocation of even this tenet of international law is baseless.

In light of the above, understanding “Palestinian” Arab violence towards the State of Israel becomes even more difficult to accept in any form, because of the documented incidents of a violent minority which proffers its own apocalyptic Islamic interpretation of how the world should be, and what should replace western interpretations of law and order.