Israel-Palestine is Complex, Right?

The situation in Palestine is often characterised as ‘complex’ in the western discourse, often leading to at best an attitude of ambivalence within the audience as they assume it’s beyond their comprehension, or at worst the reinforcing of a narrative that conceals the facts of the situation and presents a picture that justifies the oppression, occupation and ongoing violence towards a population of millions.

But the truth is that the most important facts of the situation are undisputed, and by understanding these simple facts clearly, one can see through the fog of orchestrated confusion and determine without question where right and wrong sit in this not-so-complex dispute.

So allow me to present to you without comment, speculation or judgement, the facts:

1.       The status of the West Bank as occupied territory is not disputed and has been so since 1967.

·       United Nations Security Council Resolution 338 (1973): Resolution 338 reaffirms the principles of Resolution 242 and calls for an immediate ceasefire and the implementation of Resolution 242.

·       United Nations Security Council Resolution 446 (1979): This resolution states that Israeli settlements in the occupied territories, including the West Bank and East Jerusalem, have "no legal validity" and constitute a "serious obstruction to achieving a comprehensive, just, and lasting peace in the Middle East."

·       United Nations General Assembly Resolution A/RES/71/25 (2016): This resolution reaffirms the illegality of Israeli settlements in the West Bank and East Jerusalem, emphasizing their violation of international law.

·       Fourth Geneva Convention (1949): The Fourth Geneva Convention, to which Israel is a party, outlines protections for civilians in times of armed conflict. It categorically prohibits an occupying power from transferring its civilian population into occupied territories. This convention is often cited as a key legal framework defining the status of occupied territories.

·       Advisory Opinion of the International Court of Justice (ICJ) on the Wall (2004): The ICJ issued an advisory opinion that found Israel's construction of a separation barrier in the West Bank, including East Jerusalem, to be in violation of international law. The opinion affirmed the occupied status of the West Bank and the applicability of the Fourth Geneva Convention.

2.       The status of Gaza as a blockaded, 'open prison' is undisputed even by Israel and has been so since 2007.

·       Israel Ministry of Foreign Affairs: The official website of the Israel Ministry of Foreign Affairs provides information on the security situation in Gaza and Israel's policies regarding the Gaza Strip. It discusses measures taken to prevent the smuggling of weapons and materials used for hostile purposes into Gaza. These measures include the regulation of goods entering Gaza through the Kerem Shalom crossing.

·       Coordinator of Government Activities in the Territories (COGAT): COGAT, which is part of the Israel Defense Forces (IDF), is responsible for implementing government policies in the West Bank and Gaza. COGAT's website provides information on the various restrictions and regulations in place for the movement of goods and people between Israel and Gaza. These include lists of permitted and prohibited items for import into Gaza.

·       Israeli Security Cabinet Decisions: Israeli government decisions related to Gaza and its policies are often reported in the media. These decisions often pertain to security measures, including restrictions on the movement of goods and people in and out of Gaza.

3.       Blockades as a military tactic are deemed illegal when used against civilian populations, hence Israel’s blockade of Gaza is indisputably in direct contravention of international law.

·       Blockades must comply with the principle of distinction, which requires a clear distinction between military objectives and civilian objects. Blockades cannot intentionally target civilians or cause disproportionate harm to them. Reference: Article 48 of Additional Protocol I to the Geneva Conventions (1977).

·       Blockades must be proportionate, meaning that the military advantage gained from imposing the blockade must outweigh the harm it may cause to civilians and civilian objects. Reference: Article 51(5)(b) of Additional Protocol I to the Geneva Conventions (1977).

·       International law obliges the party imposing a blockade to allow the delivery of humanitarian aid and essential supplies to civilians in need. Humanitarian organizations must have access to provide assistance to the affected population. Reference: Articles 23 and 70 of the Fourth Geneva Convention (1949).

·       Blockades should not be indefinite in duration and should be terminated when the reasons for their imposition cease to exist. Reference: Article 7 of the San Remo Manual on International Law Applicable to Armed Conflicts at Sea (1994).

·       The party imposing the blockade is responsible for reviewing and reassessing its impact on civilians and for ensuring that it complies with the principles of international law. Violations of international law can result in legal accountability. Reference: Customary International Humanitarian Law, Rule 158 - Responsibility for Violations of International Humanitarian Law.

4.       The fact that Israel did not exist as a state prior to 1947 is an undisputed fact.

·       United Nations Partition Plan for Palestine (UN General Assembly Resolution 181): Reference: United Nations General Assembly Resolution 181 (II) of November 29, 1947.

·       Declaration of the Establishment of the State of Israel: Reference: The declaration was made by David Ben-Gurion on May 14, 1948.

5.       That Palestinian Arabs occupied the land that is now referred to as Israel prior to 1947 is an undisputed fact.

·       The Ottoman land registers, known as "Tabu" records, provide detailed information about land ownership and property rights in Palestine during the Ottoman era. These records include the names of Arab landowners and villages. Researchers and historians often access these records in archives and digitized collections.

·       "Survey of Palestine" (1946): This extensive survey conducted during the British Mandate period provides a wealth of information about the demographics, geography, and communities in Palestine. It includes detailed descriptions of Arab towns and villages.

·       "Travels in Palestine" by Ernst Gustav Schultz (1848): This travelogue documents Schultz's journey through Palestine in the mid-19th century and describes Arab communities, towns, and historical landmarks he encountered.

·       American Colony Photographs: The American Colony, a Christian utopian community in Jerusalem during the late 19th and early 20th centuries, maintained a photographic archive. Their extensive collection includes photographs of Arab communities, daily life, and landscapes in Palestine.

·       Ottoman and British census data conducted during the respective administrations provide demographic information about the Arab population in Palestine. These records are typically found in national and regional archives.

·       "Palestine in Late Antiquity" by J. H. Humphrey: This academic work explores the history of Palestine from the Roman period to the early Islamic era, providing insights into the region's diverse population, including Arab communities.

6.       That the vast majority of the Jewish population of the land referred to as Israel were migrants from other countries is an undisputed fact.

Reference: The Jewish Agency for Israel and Israel's Central Bureau of Statistics

Therefore, based on the undisputed facts above, the following statements must be true:

In 1947 land was taken by force from native resident population (the Palestinians) by a group of foreign Jewish migrants, mainly from Eastern Europe and Germany, this action was rubber stamped by the UN and the land was recognised as ‘Israel’.

In 1967 this entity known as ‘Israel’ occupied a further part of the land belonging to the Palestinians, the West Bank, which is held illegally to this day.

In 2007 the entity of ‘Israel’ established a blockade on another part of the land belonging to the Palestinians, taking almost complete control of all incoming and outgoing people and goods.

Before you form an opinion on the Israel-Palestine conflict, please consider and fact-check all the above statements as this context is vital to understand what is really going on.